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U.S. v. Hall, No. 98-30118 (9th Cir.) (181 F.3d 1057) (June 21, 1999) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Hall, No. 98-30118 (9th Cir.) (181 F.3d 1057) (June 21, 1999) (Judge Betty Binns Fletcher) by In this case the defendant argued that his speedy trial rights had been violated by a delay of 293 days between the date of his arraignment and the date his trial commenced. …

Brown v. Andrews, No. 98-2717 (2nd Cir.) (180 F.3d 403) (June 8, 1999) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Closure of Courtroom

Brown v. Andrews, No. 98-2717 (2nd Cir.) (180 F.3d 403) (June 8, 1999) (Judge Guido Calabresi) by We sense that the Second Circuit may still be trying to make amends for its last major controversial decision on the subject of public trials and courtroom closures. In Ayala v. Speckard, 131 …

U.S. v. Santa, No. 98-1566 (2nd Cir.) (180 F.3d 20) (June 2, 1999) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists, Federalizaton of Criminal Laws

U.S. v. Santa, No. 98-1566 (2nd Cir.) (180 F.3d 20) (June 2, 1999) (Judge Sonia Sotomayor) by QUOTE OF THE WEEK - Another vote against the Federalization of Criminal Law. "The Court's opinion, which I reluctantly join, obscures what I consider the most troubling aspect of this case: this state-initiated …

In Re Grand Jury Subpoena to Doe, No. 1:99M0005S (W.D.Va.) (41 F.Supp.2d 616) (April 19, 1999) (Judge James P. Jones)

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

Filed under: Punch And Jurists

In Re Grand Jury Subpoena to Doe, No. 1:99M0005S (W.D.Va.) (41 F.Supp.2d 616) (April 19, 1999) (Judge James P. Jones) by The question addressed in this case was "whether a grand jury witness may assert a privilege against self- incrimination and thus withhold his testimony from the grand jury concerning …

U.S. v. Volpe, No. CR 98-196(S-2) (E.D.N.Y.) (42 F.Supp.2d 204) (March 3, 1999) (Judge Eugene H. Nickerson)

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

Filed under: Punch And Jurists, Publicity - Prejudicial

U.S. v. Volpe, No. CR 98-196(S-2) (E.D.N.Y.) (42 F.Supp.2d 204) (March 3, 1999) (Judge Eugene H. Nickerson) by Here the Court denied the mortions for a change in venue, concluding that "the adverse pretrial publicity has not so saturated this district as to amount to presumed prejudice." (Id., at 217). …

U.S. v. Tapia-Mendoza, No. 98CR381 (D.Utah) (41 F.Supp.2d 1250) (March 10, 1999) (Judge J. Thomas Greene)

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

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Tapia-Mendoza, No. 98CR381 (D.Utah) (41 F.Supp.2d 1250) (March 10, 1999) (Judge J. Thomas Greene) by In the 6/7/99 issue of P&J, we reported on U.S. v. Lombera-Camorlinga, 170 F.3d 1241 (9th Cir. 1999), where the Ninth Circuit held that, where Customs officials violated the Vienna Convention on Consular …

Gardner v. Barnett, No. 98-1314 (7th Cir.) (175 F.3d 580) (May 4, 1999) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists

Gardner v. Barnett, No. 98-1314 (7th Cir.) (175 F.3d 580) (May 4, 1999) (Judge Richard D. Cudahy) by This case is noted for its discussion of two significant issues: when does a court's refusal to grant a defense request for a continuance constitute error of a constitutional magnitude; and when …

McLean v. Crabtree, No. 98-35675 (9th Cir.) (173 F.3d 1176) (April 7, 1999) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Detainers - Generally

McLean v. Crabtree, No. 98-35675 (9th Cir.) (173 F.3d 1176) (April 7, 1999) (Judge Kim McLane Wardlaw) by Case held that BOP rule excluding prisoners with detainers from sentence reduction eligibility under substance abuse statute was valid exercise of BOP's authority and did not deprive prisoners subject to INS detainers …

U.S. v. Gantt, No. 98-50171 (9th Cir.) (179 F.3d 782) (June 7, 1999) (Judge Alfred T. Goodwin)

Article • June 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Warrants

U.S. v. Gantt, No. 98-50171 (9th Cir.) (179 F.3d 782) (June 7, 1999) (Judge Alfred T. Goodwin) by In this case the Court upheld the suppression of evidence and ruled that the Fourth Amendment was violated when the police executing a warrant refused to show the warrant and affidavit to …

U.S. v. Bonnet-Grullon, No. 98 Crim. 0605 (LAK) (S.D.N.Y.) (53 F.Supp.2d 430) (May 25, 1999) (Judge Lewis A. Kaplan)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Bonnet-Grullon, No. 98 Crim. 0605 (LAK) (S.D.N.Y.) (53 F.Supp.2d 430) (May 25, 1999) (Judge Lewis A. Kaplan) by Here the Court held held that disparities in sentences imposed on immigration-crime defendants as a result of divergent plea-bargaining practices in different Federal district courts is not a proper grounds …

U.S. v. Ramirez, No. 97-11208 (5th Cir.) (174 F.3d 584) (May 3, 1999) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Who is the "Government"?

U.S. v. Ramirez, No. 97-11208 (5th Cir.) (174 F.3d 584) (May 3, 1999) (Judge John M. Jr. Duhé) by This is an interesting Jencks Act (18 U.S.C. § 3500) decision that contains some surprisingly sweeping statements about the scope of the Act and the remedies that are available when the …

U.S. v. Hines, No. 97-CR-10336-NG (D.Mass.) (55 F.Supp.2d 62) (June 11, 1999) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Handwriting Analysis and Exemplars

U.S. v. Hines, No. 97-CR-10336-NG (D.Mass.) (55 F.Supp.2d 62) (June 11, 1999) (Judge Nancy Gertner) by United States v. Paul, 175 F.3d 906 (11th Cir. 1999) (Judge Hatchett) United States v. Hines, 55 F.Supp.2d 62 (D.Mass. 1999) (Judge Gertner) These two cases present a range of diverse judicial thinking on …

U.S. v. Marolf, No. 97-56275 (9th Cir.) (173 F.3d 1213) (April 12, 1999) (Judge Philip M. Pro)

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

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. Marolf, No. 97-56275 (9th Cir.) (173 F.3d 1213) (April 12, 1999) (Judge Philip M. Pro) by After agreeing that the Government's forfeiture was void for lack of adequate notice, the Court held that the district court must grant the claimant's Rule 41(e) motion without a hearing on the …

U.S. v. Romero-Tamayo, No. 98-CR-154A (W.D.N.Y.) (40 F.Supp.2d 142) (February 26, 1999) (Judge Richard J. Arcara)

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

Filed under: Punch And Jurists

U.S. v. Romero-Tamayo, No. 98-CR-154A (W.D.N.Y.) (40 F.Supp.2d 142) (February 26, 1999) (Judge Richard J. Arcara) by The government and the defendant argued that the 20-year maximum in § 1326(b)(2) could not be applied here because the defendant was only charged in the information with violating § 1326(a). Thus, according …

Strickler v. Greene, No. 98-5864 (U.S. Supreme Court) (527 U.S. 263; 119 S.Ct. 1936) (June 17, 1999) (Justice Stevens)

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

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

Strickler v. Greene, No. 98-5864 (U.S. Supreme Court) (527 U.S. 263; 119 S.Ct. 1936) (June 17, 1999) (Justice Stevens) by Here the Court affirmed a death sentence, despite numerous and blatant Brady violations, because the petitioner failed to prove that the verdict and sentencing would have been different had those …

U.S. v. Paul, No. 97-9302 (11th Cir.) (175 F.3d 906) (May 13, 1999) (Judge Joseph Woodrow Hatchett)

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

Filed under: Punch And Jurists, Handwriting Analysis and Exemplars

U.S. v. Paul, No. 97-9302 (11th Cir.) (175 F.3d 906) (May 13, 1999) (Judge Joseph Woodrow Hatchett) by United States v. Paul, 175 F.3d 906 (11th Cir. 1999) (Judge Hatchett) United States v. Hines, 55 F.Supp.2d 62 (D.Mass. 1999) (Judge Gertner) These two cases present a range of diverse judicial …

U.S. v. Stefonek, No. 98-3343 (7th Cir.) (179 F.3d 1030) (June 3, 1999) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Stefonek, No. 98-3343 (7th Cir.) (179 F.3d 1030) (June 3, 1999) (Judge Richard A. Posner) by Here the Court firmly held that the Guidelines were not intended to eliminate all differences in the sentencing of accomplices so that two accomplices would receive the same sentence; the intent was …

U.S. v. Stefonek, No. 98-3343 (7th Cir.) (179 F.3d 1030) (June 3, 1999) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Stefonek, No. 98-3343 (7th Cir.) (179 F.3d 1030) (June 3, 1999) (Judge Richard A. Posner) by In this case, the Court held that where the violation of the Fourth Amendment in a particular case causes no discernable harm to the interests of an individual protected by the particular …

U.S. v. Gibbs, No. 96-3383 (6th Cir.) (174 F.3d 762) (April 16, 1999) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Gibbs, No. 96-3383 (6th Cir.) (174 F.3d 762) (April 16, 1999) (Judge Karen Nelson Moore) by Here the Court vacated the conspiracy convictions of six of the defendants on the grounds that the Government's proof merely showed that they sold crack in the same geographical area - not …

U.S. v. Hines, No. 97-CR-10336-NG (D.Mass.) (55 F.Supp.2d 62) (June 11, 1999) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Eyewitness Testimony

U.S. v. Hines, No. 97-CR-10336-NG (D.Mass.) (55 F.Supp.2d 62) (June 11, 1999) (Judge Nancy Gertner) by In this case the defendant was tried on a charge of bank robbery. The Government sought to present a handwriting expert's testimony regarding a match between the stick-up note used by the robber and …