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U.S. v. Jorn, No. 19 (U.S. Supreme Court) (400 U.S. 470; 91 S.Ct. 547) (January 25, 1971) (Justice Harlan)
Article • July 2, 1999
Filed under: Punch And Jurists
U.S. v. Jorn, No. 19 (U.S. Supreme Court) (400 U.S. 470; 91 S.Ct. 547) (January 25, 1971) (Justice Harlan) by Here the Court held that the trial judge had abused his discretion by declaring a mistrial and discharging the jury; there was no manifest necessity for that sua sponte act …
U.S. v. Sharpe, No. 83-529 (U.S. Supreme Court) (470 U.S. 675; 105 S.Ct. 1568) (March 20, 1985) (Justice Burger)
Article • July 1, 1999
Filed under: Punch And Jurists, Terry Stops
U.S. v. Sharpe, No. 83-529 (U.S. Supreme Court) (470 U.S. 675; 105 S.Ct. 1568) (March 20, 1985) (Justice Burger) by Here, while the Court affirmed that investigative stops must be brief, it rejected as "fundamentally at odds" with the Court's rulings on the topic, a per se rule that a …
Richardson v. U.S., No. 82-2113 (U.S. Supreme Court) (468 U.S. 317; 104 S.Ct. 3081) (June 29, 1984) (Justice Rehnquist)
Article • July 1, 1999
Filed under: Punch And Jurists
Richardson v. U.S., No. 82-2113 (U.S. Supreme Court) (468 U.S. 317; 104 S.Ct. 3081) (June 29, 1984) (Justice Rehnquist) by In this case, the jury trying petitioner acquitted him of several counts, but was unable to agree on others. The district court declared a mistrial as to these counts and …
U.S. v. Bridges, No. 97-3144 (D.C. Cir.) (175 F.3d 1062) (May 18, 1999) (Judge Merrick B. Garland)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration
U.S. v. Bridges, No. 97-3144 (D.C. Cir.) (175 F.3d 1062) (May 18, 1999) (Judge Merrick B. Garland) by Here the Court upheld a three level increase in the defendant's criminal history category based on a series of convictions despite the defendant's arguments that they were too old and too dissimilar …
U.S. v. Matthews, No. 98-50055 (5th Cir.) (178 F.3d 295) (June 4, 1999) (Judge John M. Jr. Duhé)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Gang Membership
U.S. v. Matthews, No. 98-50055 (5th Cir.) (178 F.3d 295) (June 4, 1999) (Judge John M. Jr. Duhé) by The defendant argued that the Supreme Court's decision in Jones v. U.S., 119 S.Ct. 1215 (1999) required the Government to prove the elements of § 521 by proof beyond a reasonable …
U.S. v. Asher, No. 98-1700 (7th Cir.) (178 F.3d 486) (May 21, 1999) (Judge Kenneth F. Ripple)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence
U.S. v. Asher, No. 98-1700 (7th Cir.) (178 F.3d 486) (May 21, 1999) (Judge Kenneth F. Ripple) by The Court stated: "The Seventh Circuit has combined the requirements of Rule 404(b) and Rule 403 to create a four-prong test that governs the admission of prior bad acts evidence. See United …
U.S. v. Katz, No. 98-30095 (5th Cir.) (178 F.3d 368) (June 14, 1999) (Per Curiam)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Sanctions, Punch And Jurists
U.S. v. Katz, No. 98-30095 (5th Cir.) (178 F.3d 368) (June 14, 1999) (Per Curiam) by This is another one of those Internet-pornography cases that seem to be gradually replacing drug crimes as America's greatest menace. In this case, the defendant posted a notice on an Internet bulletin board that …
U.S. v. Hernandez, No. 98-5266 (3rd Cir.) (176 F.3d 719) (May 17, 1999) (Judge Theodore A. McKee)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Witnesses - Examination of
U.S. v. Hernandez, No. 98-5266 (3rd Cir.) (176 F.3d 719) (May 17, 1999) (Judge Theodore A. McKee) by One of the issues addressed in this case was the propriety of the growing practice of permitting jurors to participate in questioning witnesses during the course of a trial; and it is …
Lakin v. Stine, No. 96-75828 (E.D.Mich.) (44 F.Supp.2d 897) (April 8, 1999) (Judge Arthur Tarnow)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Counsel - Constructive denial of
Lakin v. Stine, No. 96-75828 (E.D.Mich.) (44 F.Supp.2d 897) (April 8, 1999) (Judge Arthur Tarnow) by Case held that the petitioner, who was accused of assaulting a prison guard, was constructively denied his right to counsel when forced to meet with counsel in the presence of prison guards - a …
U.S. v. Green, No. 97-6045 (10th Cir.) (175 F.3d 822) (April 28, 1999) (Judge Stephanie K. Seymour)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration
U.S. v. Green, No. 97-6045 (10th Cir.) (175 F.3d 822) (April 28, 1999) (Judge Stephanie K. Seymour) by This is one of those astonishing cases that seems to suggest that all that is required of prosecutors in District Judge Alley's courtroom in Oklahoma is to follow the biblical precept of …
U.S. v. Bridges, No. 97-3144 (D.C. Cir.) (175 F.3d 1062) (May 18, 1999) (Judge Merrick B. Garland)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind
U.S. v. Bridges, No. 97-3144 (D.C. Cir.) (175 F.3d 1062) (May 18, 1999) (Judge Merrick B. Garland) by Under the Guidelines, prior sentences imposed more than 15 years (or, in some cases, 10 years) before the commencement of the defendant's current offense are not to be counted in his criminal …
U.S. v. Lewitzke, No. 98-2292 (7th Cir.) (176 F.3d 1022) (May 12, 1999) (Judge Ilana Diamond Rovner)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Domestic Violence
U.S. v. Lewitzke, No. 98-2292 (7th Cir.) (176 F.3d 1022) (May 12, 1999) (Judge Ilana Diamond Rovner) by Here the Court held that the ban in 18 USC § 922(g)(9) on possession of a firearm by a person previously convicted of a misdemeanor conviction did not violate the equal protection …
U.S. v. Morales, No. 97-1494 (2nd Cir.) (185 F.3d 74) (July 26, 1999) (Judge Chester J. Straub)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Withdrawal
U.S. v. Morales, No. 97-1494 (2nd Cir.) (185 F.3d 74) (July 26, 1999) (Judge Chester J. Straub) by Case held that there was insufficient evidence to convict defendants of participation in continuing enterprise based solely on similarity of crimes where defendants spent some eight years in prison without contact with …
Ruiz v. Johnson, No. 98-20233 (5th Cir.) (178 F.3d 385) (June 25, 1999) (Judge E. Grady Jolly)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Consent Decrees - Termination of
Ruiz v. Johnson, No. 98-20233 (5th Cir.) (178 F.3d 385) (June 25, 1999) (Judge E. Grady Jolly) by In the 6/20/99 issue of P&J, we noted as our leading case Judge Justice's chilling 228-page decision in Ruiz v. Johnson, 37 F.Supp.2d 855 (S.D.Tex. 1999) (Ruiz I). That decision represented his …
Wofford v. Scott, No. 98-8297 (11th Cir.) (177 F.3d 1236) (June 14, 1999) (Judge Edward E. Carnes)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists
Wofford v. Scott, No. 98-8297 (11th Cir.) (177 F.3d 1236) (June 14, 1999) (Judge Edward E. Carnes) by Here the Court focused on the "savings clause" language of § 2255 which reads: An application for a writ of habeas corpus in behalf of a prisoner who is authorized to apply …
U.S. v. Zfaty, No. 98 CR 1367(BDP) (S.D.N.Y.) (44 F.Supp.2d 588) (April 15, 1999) (Judge Barrington D. Jr. Parker)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)
U.S. v. Zfaty, No. 98 CR 1367(BDP) (S.D.N.Y.) (44 F.Supp.2d 588) (April 15, 1999) (Judge Barrington D. Jr. Parker) by In this case the court found that the defendant was never informed of his rights under the IAD; and it noted that the Government's "failure either to inform Zfaty of …
U.S. v. Hill, No. 97-5320 (11th Cir.) (177 F.3d 1251) (July 26, 1999) (Per Curiam)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists
U.S. v. Hill, No. 97-5320 (11th Cir.) (177 F.3d 1251) (July 26, 1999) (Per Curiam) by Here the Court held that because the district court sat on a motion for a new trial for a day too long, it lacked jurisdiction to grant a new trial - despite the fact …
In Re Sealed Case (Sentencing Guidelines "Substantial Assistance"), No. 97-3112 (D.C. Cir.) (181 F.3d 128) (July 9, 1999) (Judge Merrick B. Garland)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Refusal to file motion
In Re Sealed Case (Sentencing Guidelines "Substantial Assistance"), No. 97-3112 (D.C. Cir.) (181 F.3d 128) (July 9, 1999) (Judge Merrick B. Garland) by Here Judge Kent bemaoned the Government's practice of inducing defendants to provide the Government with substantial assistance in cases where the Government knows that it does not …
U.S. v. Gomes, No. 97-2193 (1st Cir.) (177 F.3d 76) (May 27, 1999) (Judge Michael Boudin)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Judicial Hostility
U.S. v. Gomes, No. 97-2193 (1st Cir.) (177 F.3d 76) (May 27, 1999) (Judge Michael Boudin) by The First Circuit also noted that it seemd that the rebuke was "amply justified" because counsel appeared to have ignored several warnings to stop arguing after various rulings were made. The Court then …
Edmond v. Goldsmith, No. 98-4124 (7th Cir.) (183 F.3d 659) (July 7, 1999) (Judge Richard A. Posner)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
Edmond v. Goldsmith, No. 98-4124 (7th Cir.) (183 F.3d 659) (July 7, 1999) (Judge Richard A. Posner) by Since August of 1998, the Indianapolis Police Department engaged in the practice of setting up roadblocks at random checkpoints "to interrupt the flow of illegal drugs throughout the city." In the words …
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