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Michigan v. Mosley, No. 74-653 (U.S. Supreme Court) (423 U.S. 96; 96 S.Ct. 321) (December 9, 1975) (Justice Stewart)

Article • July 19, 1999

Filed under: Punch And Jurists, Miranda

Michigan v. Mosley, No. 74-653 (U.S. Supreme Court) (423 U.S. 96; 96 S.Ct. 321) (December 9, 1975) (Justice Stewart) by Here the Court held that the police may renew the questioning of a suspect who has once exercised his right to remain silent, provided the suspect's right to cut off …

Tome v. U.S., No. 93-6892 (U.S. Supreme Court) (513 U.S. 150; 115 S.Ct. 696) (January 10, 1995) (Justice Kennedy)

Article • July 18, 1999

Filed under: Punch And Jurists, Statements - Out of Court

Tome v. U.S., No. 93-6892 (U.S. Supreme Court) (513 U.S. 150; 115 S.Ct. 696) (January 10, 1995) (Justice Kennedy) by The Court held that Fed.R.Evid. Rule 801(d)(1)(B) permits the introduction of a declarant's prior consistent out-of-court statements to rebut a charge of recent fabrication but only if the statements were …

Kentucky v. Whorton, No. 78-749 (U.S. Supreme Court) (441 U.S. 786; 99 S.Ct. 2088) (May 21, 1979) (Per Curiam)

Article • July 18, 1999

Filed under: Punch And Jurists

Kentucky v. Whorton, No. 78-749 (U.S. Supreme Court) (441 U.S. 786; 99 S.Ct. 2088) (May 21, 1979) (Per Curiam) by The Court stated: "In short, the failure to give a requested instruction on the presumption of innocence does not in and of itself violate the Constitution. Under Taylor [v. Kentucky, …

Ullmann v. U.S., No. 58 (U.S. Supreme Court) (350 U.S. 422; 76 S.Ct. 497) (March 26, 2056) (Justice Frankfurter)

Article • July 18, 1999

Filed under: Punch And Jurists

Ullmann v. U.S., No. 58 (U.S. Supreme Court) (350 U.S. 422; 76 S.Ct. 497) (March 26, 2056) (Justice Frankfurter) by In defining the role of the Fifth Amendment's privilege against self-incrimination, the Court stated: "It is relevant to define explicitly the spirit in which the Fifth Amendment's privilege against self-incrimination …

Carter v. Kentucky, No. 80-5060 (U.S. Supreme Court) (450 U.S. 288; 101 S.Ct. 1112) (March 9, 1981) (Justice Stewart)

Article • July 18, 1999

Filed under: Jury Instructions, Punch And Jurists

Carter v. Kentucky, No. 80-5060 (U.S. Supreme Court) (450 U.S. 288; 101 S.Ct. 1112) (March 9, 1981) (Justice Stewart) by The Court stated that "Jurors are not experts in legal principles; to function effectively, and justly, they must be accurately instructed in the law." (Id., at 302). The Court held …

Steffel v. Thompson, No. 72-5581 (U.S. Supreme Court) (415 U.S. 452; 94 S.Ct. 1209) (March 19, 1974) (Justice Brennan)

Article • July 15, 1999

Filed under: Punch And Jurists, Declaratory Relief

Steffel v. Thompson, No. 72-5581 (U.S. Supreme Court) (415 U.S. 452; 94 S.Ct. 1209) (March 19, 1974) (Justice Brennan) by Case held that federal declaratory relief is not precluded when a prosecution based upon an assertedly unconstitutional state statute has been threatened, but is not pending, even if a showing …

Scott v. U.S., No. 76-6767 (U.S. Supreme Court) (436 U.S. 128; 98 S.Ct. 1717) (May 15, 1978) (Justice Rehnquist)

Article • July 14, 1999

Filed under: Punch And Jurists, Minimization of Scope of Wiretaps

Scott v. U.S., No. 76-6767 (U.S. Supreme Court) (436 U.S. 128; 98 S.Ct. 1717) (May 15, 1978) (Justice Rehnquist) by Although the majority approved the wiretaps in question, Justice Brennan, in his dissent, commented: "The "minimization provision" of 2518 (5) provides, inter alia, that every order authorizing interception of wire …

Crawford-El v. Britton, No. 96-827 (U.S. Supreme Court) (523 U.S. 574; 118 S.Ct. 1584) (May 4, 1998) (Justice Stevens)

Article • July 10, 1999

Filed under: Punch And Jurists, Burden of Proof

Crawford-El v. Britton, No. 96-827 (U.S. Supreme Court) (523 U.S. 574; 118 S.Ct. 1584) (May 4, 1998) (Justice Stevens) by The question addressed by the Court in this case was whether, at least in cases brought by prisoners, the plaintiff must adduce clear and convincing evidence of improper motive in …

Whitley v. Albers, No. 84-1077 (U.S. Supreme Court) (475 U.S. 312; 106 S.Ct. 1078) (March 4, 1986) (Justice O'Connor)

Article • July 9, 1999

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Whitley v. Albers, No. 84-1077 (U.S. Supreme Court) (475 U.S. 312; 106 S.Ct. 1078) (March 4, 1986) (Justice O'Connor) by This case involved a prison riot during which an armed guard shot the plaintiff in the leg in an attempt to free a guard being held hostage by the rioting …

Osborn v. U.S., No. 29 (U.S. Supreme Court) (385 U.S. 323; 87 S.Ct. 429) (December 12, 2066) (Justice Stewart)

Article • July 8, 1999

Filed under: Punch And Jurists, Prosecutorial Misconduct

Osborn v. U.S., No. 29 (U.S. Supreme Court) (385 U.S. 323; 87 S.Ct. 429) (December 12, 2066) (Justice Stewart) by This case is particularly noted for Justice Douglas' dissent, which covered the decision in this case, as well as the Court's decisions in Lewis v. U.S., 385 U.S. 206, and …

Wade v. Hunter, No. 427 (U.S. Supreme Court) (336 U.S. 684; 69 S.Ct. 834) (April 25, 2049) (Justice Black)

Article • July 8, 1999

Filed under: Punch And Jurists

Wade v. Hunter, No. 427 (U.S. Supreme Court) (336 U.S. 684; 69 S.Ct. 834) (April 25, 2049) (Justice Black) by Here the Court upheld a decision to retry a defendant in a court-martial proceeding based on a manifest necessity occasioned by unavailable witnesses beyond the Government control. This case involved …

D. C. Court of Appeals. v. Feldman, No. 81-1335 (U.S. Supreme Court) (460 U.S. 462; 103 S.Ct. 1303) (March 23, 1983) (Justice Brennan)

Article • July 8, 1999

Filed under: Punch And Jurists, Rooker-Feldman Doctrine

D. C. Court of Appeals. v. Feldman, No. 81-1335 (U.S. Supreme Court) (460 U.S. 462; 103 S.Ct. 1303) (March 23, 1983) (Justice Brennan) by Here the Court held that United States district courts have no jurisdiction over challenges to state-court decisions in particular cases arising out of judicial proceedings even …

Maryland v. Wilson, No. 95-1268 (U.S. Supreme Court) (519 U.S. 408; 117 S.Ct. 882) (February 19, 1997) (Justice Rehnquist)

Article • July 7, 1999

Filed under: Punch And Jurists, Searches - Automobile

Maryland v. Wilson, No. 95-1268 (U.S. Supreme Court) (519 U.S. 408; 117 S.Ct. 882) (February 19, 1997) (Justice Rehnquist) by In this case, the Court extended the rule established in Pennslyvania v. Mimms, 434 U.S. 106 (1997), that a police officer may as a matter of course order the driver …

Georgia v. McCollum, No. 91-372 (U.S. Supreme Court) (505 U.S. 42; 112 S.Ct. 2348) (February 26, 1992) (Justice Blackmun)

Article • July 7, 1999

Filed under: Punch And Jurists, Peremptory Challenges

Georgia v. McCollum, No. 91-372 (U.S. Supreme Court) (505 U.S. 42; 112 S.Ct. 2348) (February 26, 1992) (Justice Blackmun) by Here, before jury selection began, the prosecution moved to prohibit respondents from exercising peremptory challenges in a racially discriminatory manner. The State explained that it expected to show that the …

Holt v. U.S., No. 231 (U.S. Supreme Court) (218 U.S. 245; 31 S.Ct. 2) (October 31, 2010) (Justice Holmes)

Article • July 7, 1999

Filed under: Punch And Jurists, Exceptions

Holt v. U.S., No. 231 (U.S. Supreme Court) (218 U.S. 245; 31 S.Ct. 2) (October 31, 2010) (Justice Holmes) by Here the Court held that the prohibition of compelling a man in a criminal court to be witness against himself is a prohibition of the use of physical or moral …

Crosby v. U.S., No. 91-6194 (U.S. Supreme Court) (506 U.S. 255; 113 S.Ct. 748) (January 13, 1993) (Justice Blackmun)

Article • July 7, 1999

Filed under: Punch And Jurists, In Absentia

Crosby v. U.S., No. 91-6194 (U.S. Supreme Court) (506 U.S. 255; 113 S.Ct. 748) (January 13, 1993) (Justice Blackmun) by In this case the Supreme Court ruled that Rule 43(a) of the Fed.R.Crim.P. (right to be present at all stages of a criminal proceeding) prohibits trials in absentia of a …

Watkins v. Sowders, No. 79-5949 (U.S. Supreme Court) (449 U.S. 341; 101 S.Ct. 654) (January 13, 1981) (Justice Stewart)

Article • July 5, 1999

Filed under: Punch And Jurists, Eyewitness Testimony

Watkins v. Sowders, No. 79-5949 (U.S. Supreme Court) (449 U.S. 341; 101 S.Ct. 654) (January 13, 1981) (Justice Stewart) by The Court did, however, leave open the possibility that "in some circumstances . . . Such a determination [outside the jury's presence] may be constitutionally necessary." (Id., at 349). Case …

Ross v. Oklahoma, No. 86-5309 (U.S. Supreme Court) (487 U.S. 81; 108 S.Ct. 2273) (June 22, 1988) (Justice Rehnquist)

Article • July 2, 1999

Filed under: Punch And Jurists, Peremptory Challenges

Ross v. Oklahoma, No. 86-5309 (U.S. Supreme Court) (487 U.S. 81; 108 S.Ct. 2273) (June 22, 1988) (Justice Rehnquist) by In this capital murder case, the Court denied the defendant's claim that his rights were violated because he was required to use a peremptory challenge for a juror who should …

Lindh v. Murphy, No. 96-6298 (U.S. Supreme Court) (521 U.S. 320; 117 S.Ct. 2059) (June 23, 1997) (Justice Souter)

Article • July 2, 1999

Filed under: Punch And Jurists

Lindh v. Murphy, No. 96-6298 (U.S. Supreme Court) (521 U.S. 320; 117 S.Ct. 2059) (June 23, 1997) (Justice Souter) by In this case the Supreme Court applied and clarified its holding in Landgraf v. USI Film Products, 511 U.S. 244 (1994) concerning retroactivity. The Court held that a statute does …

Shillitani v. U.S., No. 412 (U.S. Supreme Court) (384 U.S. 364; 86 S.Ct. 1531) (June 6, 2066) (Justice Clark)

Article • July 2, 1999

Filed under: Punch And Jurists, Contempt

Shillitani v. U.S., No. 412 (U.S. Supreme Court) (384 U.S. 364; 86 S.Ct. 1531) (June 6, 2066) (Justice Clark) by Case held that the character of contempt proceedings under Fed.R.Crim.P. 42(b) for refusal to answer questions before a grand jury is civil in nature and thus does not constitutionally require …