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U.S. v. Tibbs, No. 96CR10153-NG (D.Mass.) (49 F.Supp.2d 47) (May 14, 1999) (Judge Nancy Gertner)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Tibbs, No. 96CR10153-NG (D.Mass.) (49 F.Supp.2d 47) (May 14, 1999) (Judge Nancy Gertner) by QUOTE OF THE WEEK - One of the classic observations about how the rights of the Constitution are eroded. "It may be that it is the obnoxious thing in its mildest and least repulsive …

U.S. v. Lippitt, No. 98-2385 (7th Cir.) (180 F.3d 873) (June 16, 1999) (Judge Joel L. Flaum)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Lippitt, No. 98-2385 (7th Cir.) (180 F.3d 873) (June 16, 1999) (Judge Joel L. Flaum) by In the words of the Court, this case "is a challenge to the district court's decision to add forty-seven months to Kenneth Lippitt's prison term for failing to pay a criminal fine …

U.S. v. McHorse, No. 98-2123 (10th Cir.) (179 F.3d 889) (June 3, 1999) (Judge Bobby R. Baldock)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. McHorse, No. 98-2123 (10th Cir.) (179 F.3d 889) (June 3, 1999) (Judge Bobby R. Baldock) by Citing its decision in U.S. v. Guardia, 135 F.3d 1326 (10th Cir. 1998), where the Court upheld Fed.R.Evid. 413(a), the Court held held that Rules 413(a) and 414(a) are identical, except that …

U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones) by This case was first noted in the 5/11/98 issue of P&J, when we discussed the court's earlier noteworthy ruling in U.S. v. Coleman, 138 F.3d 616 (6th Cir. 1998) (Coleman I). In …

Blyden v. Mancusi, No. 97-2912 (2nd Cir.) (186 F.3d 252) (August 3, 1999) (Judge Ralph K. Jr. Winter)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Delays in Prosecution of Case

Blyden v. Mancusi, No. 97-2912 (2nd Cir.) (186 F.3d 252) (August 3, 1999) (Judge Ralph K. Jr. Winter) by Here, some 28 years after the events that gave rise to the claims for damage that arose in this case out of the Attica rebellion in 1971, the Second Circuit reversed …

U.S. v. Riley, No. 98-50399 (9th Cir.) (189 F.3d 802) (August 25, 1999) (Judge Pamela Ann Rymer)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Riley, No. 98-50399 (9th Cir.) (189 F.3d 802) (August 25, 1999) (Judge Pamela Ann Rymer) by United States v. Riley, 189 F.3d 802 (9th Cir. 1999) (Judge Rymer) United States v. Nuñez, 180 F.3d 227 (5th Cir. 1999) (Judge Smith) These two cases are noted as successful examples …

U.S. v. Ford, No. 97-6097 (6th Cir.) (184 F.3d 566) (July 23, 1999) (Judge John R. Gibson)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Inevitable Discovery Doctrine

U.S. v. Ford, No. 97-6097 (6th Cir.) (184 F.3d 566) (July 23, 1999) (Judge John R. Gibson) by The defendant in this case ran a bingo parlor in Kentucky, where the state gambling laws permit charitable gambling under strict controls. The defendant established dummy charitable accounts and kept the proceeds …

U.S. v. Rahman, No. 96-1044L (2nd Cir.) (189 F.3d 88) (August 16, 1999) (Per Curiam)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Rahman, No. 96-1044L (2nd Cir.) (189 F.3d 88) (August 16, 1999) (Per Curiam) by In the aftermath of the World Trade Center bombing case, the United States began a frenzied hunt for alleged terrorists with any connection to the actual bombers. Armed with the incredibly broad and subjective …

U.S. v. Berg, No. 98-2468 (8th Cir.) (178 F.3d 976) (May 27, 1999) (Judge Richard S. Arnold)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists

U.S. v. Berg, No. 98-2468 (8th Cir.) (178 F.3d 976) (May 27, 1999) (Judge Richard S. Arnold) by While this case is noted principally for Judge Bright's strong dissent, it is also noted for its recognition that sentencing entrapment "occurs when official [government] conduct leads a defendant predisposed to deal …

U.S. v. Triestman, No. 98-1021(L) (2nd Cir.) (178 F.3d 624) (June 2, 1999) (Judge Sonia Sotomayor)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Triestman, No. 98-1021(L) (2nd Cir.) (178 F.3d 624) (June 2, 1999) (Judge Sonia Sotomayor) by Here the Court affirmed the authority of the disctrict court to impose the same original sentence, following a successful Bailey appeal of a gun conviction, in motions under 28 USC § 2241 as …

Parke v. Raley, No. 91-719 (U.S. Supreme Court) (506 U.S. 20; 113 S.Ct. 517) (December 1, 1992) (Justice O'Connor)

Article • July 31, 1999

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

Parke v. Raley, No. 91-719 (U.S. Supreme Court) (506 U.S. 20; 113 S.Ct. 517) (December 1, 1992) (Justice O'Connor) by In this case, a state prisoner filed a habeas petition seeking vacatur of a state court sentence that had been enhanced based on a prior conviction on the ground that …

U.S. v. Dinitz, No. 74-928 (U.S. Supreme Court) (424 U.S. 600; 96 S.Ct. 1075) (March 8, 1976) (Justice Stewart)

Article • July 27, 1999

Filed under: Punch And Jurists

U.S. v. Dinitz, No. 74-928 (U.S. Supreme Court) (424 U.S. 600; 96 S.Ct. 1075) (March 8, 1976) (Justice Stewart) by The question presented in this case was whether the Double Jeopardy Clause of the Fifth Amendment was violated by the retrial of the respondent after his original trial had ended …

Cage v. Louisiana, No. 89-7302 (U.S. Supreme Court) (498 U.S. 39; 111 S.Ct. 328) (November 13, 1990) (Per Curiam)

Article • July 27, 1999

Filed under: Punch And Jurists

Cage v. Louisiana, No. 89-7302 (U.S. Supreme Court) (498 U.S. 39; 111 S.Ct. 328) (November 13, 1990) (Per Curiam) by This is the only case in which the Supreme Court has ever held that a reasonable doubt instruction violated due process, where the lower court equated reasonable doubt with "substantial …

Bates v. State Bar of Arizona, No. 76-316 (U.S. Supreme Court) (433 U.S. 350; 97 S.Ct. 2691) (June 27, 1977) (Justice Blackmun)

Article • July 25, 1999

Filed under: First Amendment, Punch And Jurists

Bates v. State Bar of Arizona, No. 76-316 (U.S. Supreme Court) (433 U.S. 350; 97 S.Ct. 2691) (June 27, 1977) (Justice Blackmun) by Case noted that "Frist Amendment rights are fragile interests, and a person who contemplates protected activity might be discouraged by the in terrorem effect of the statute.". …

Oregon v. Mathiason, No. 76-201 (U.S. Supreme Court) (429 U.S. 492; 97 S.Ct. 711) (January 25, 1977) (Per Curiam)

Article • July 24, 1999

Filed under: Punch And Jurists

Oregon v. Mathiason, No. 76-201 (U.S. Supreme Court) (429 U.S. 492; 97 S.Ct. 711) (January 25, 1977) (Per Curiam) by In this case, the Court held that a suspect was not "in custody" within the meaning of Miranda. The police initiated contact with Mathiason, who agreed to come to the …

Francis v. Franklin, No. 83-1590 (U.S. Supreme Court) (471 U.S. 307; 105 S.Ct. 1965) (April 29, 1985) (Justice Brennan)

Article • July 24, 1999

Filed under: Punch And Jurists

Francis v. Franklin, No. 83-1590 (U.S. Supreme Court) (471 U.S. 307; 105 S.Ct. 1965) (April 29, 1985) (Justice Brennan) by Here the defendant was charged with murder in connection with a fatal shooting that occurred after he had escaped from state custody. The defendant's sole defense was that the gun …

Aguilar v. Texas, No. 548 (U.S. Supreme Court) (378 U.S. 108; 84 S.Ct. 1509) (June 15, 2064) (Justice Goldberg)

Article • July 24, 1999

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

Aguilar v. Texas, No. 548 (U.S. Supreme Court) (378 U.S. 108; 84 S.Ct. 1509) (June 15, 2064) (Justice Goldberg) by The Court held that, although an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate …

Whitney v. California, No. 3 (U.S. Supreme Court) (274 U.S. 357; 47 S.Ct. 641) (May 16, 2027) (Justice Sanford)

Article • July 20, 1999

Filed under: Punch And Jurists

Whitney v. California, No. 3 (U.S. Supreme Court) (274 U.S. 357; 47 S.Ct. 641) (May 16, 2027) (Justice Sanford) by In this case the Court affirmed the conviction of Ms. Whitney who was convicted of the felony crime of assisting in organizing the California Communist party and assembling with it, …

On Lee v. U.S., No. 543 (U.S. Supreme Court) (343 U.S. 747; 72 S.Ct. 967) (June 2, 2052) (Justice Jackson)

Article • July 20, 1999

Filed under: Punch And Jurists, Evidence - Admissibility/Exclusion of

On Lee v. U.S., No. 543 (U.S. Supreme Court) (343 U.S. 747; 72 S.Ct. 967) (June 2, 2052) (Justice Jackson) by Here the Court held, over several strenuous dissents, that evidence received by a Federal undercover agent by means of a secret radio transmitter, was admissible and did not violate …

Williams v. U.S., No. 90-6297 (U.S. Supreme Court) (503 U.S. 193; 112 S.Ct. 1112) (March 9, 1992) (Justice O'Connor)

Article • July 20, 1999

Filed under: Punch And Jurists, Downward Departures

Williams v. U.S., No. 90-6297 (U.S. Supreme Court) (503 U.S. 193; 112 S.Ct. 1112) (March 9, 1992) (Justice O'Connor) by In one of the leading cases on the Sentencing Guidelines, and departures thereunder, the Court held that a departure can be reasonable, even if some of the court's reasons are …