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Grunewald v. U.S., No. 183 (U.S. Supreme Court) (353 U.S. 391; 77 S.Ct. 963) (May 27, 2057) (Justice Harlan)
Article • May 16, 1999
Filed under: Punch And Jurists
Grunewald v. U.S., No. 183 (U.S. Supreme Court) (353 U.S. 391; 77 S.Ct. 963) (May 27, 2057) (Justice Harlan) by This is a leading case on conspiracy crimes in which the Court held that evidence of a cover-up is not sufficient evidence to show that a conspiracy has continued unless …
U.S. v. Ibarra, No. 90-1713 (U.S. Supreme Court) (502 U.S. 1; 112 S.Ct. 4) (October 15, 1991) (Per Curiam)
Article • May 10, 1999
Filed under: Punch And Jurists
U.S. v. Ibarra, No. 90-1713 (U.S. Supreme Court) (502 U.S. 1; 112 S.Ct. 4) (October 15, 1991) (Per Curiam) by The Court concluded that "there is no certain way of deciding in advance which motions for reconsideration have the requisite degree of merit, and which do not. Given this, it …
U.S. v. Doe, No. 82-786 (U.S. Supreme Court) (465 U.S. 605; 104 S.Ct. 1237) (February 28, 1984) (Justice Powell)
Article • May 9, 1999
Filed under: Punch And Jurists
U.S. v. Doe, No. 82-786 (U.S. Supreme Court) (465 U.S. 605; 104 S.Ct. 1237) (February 28, 1984) (Justice Powell) by Here the Court declined to extend the jurisdiction of the courts to include prospective grants of use immunity in the absence of a formal request by the U.S. Attorney. In …
U.S. v. Doe, No. 82-786 (U.S. Supreme Court) (465 U.S. 605; 104 S.Ct. 1237) (February 28, 1984) (Justice Powell)
Article • May 9, 1999
Filed under: Punch And Jurists, Records - Business/Foreign/Public, etc.
U.S. v. Doe, No. 82-786 (U.S. Supreme Court) (465 U.S. 605; 104 S.Ct. 1237) (February 28, 1984) (Justice Powell) by In this case, as part of its investigation into corruption in the awarding of municipal contracts, a grand jury issued five separate subpoenas to the respondent that collectively sought a …
Irvin v. Dowd, No. 41 (U.S. Supreme Court) (366 U.S. 717; 81 S.Ct. 1639) (June 5, 2061) (Justice Clark)
Article • May 2, 1999
Filed under: Punch And Jurists, Juries - Fair and Impartial
Irvin v. Dowd, No. 41 (U.S. Supreme Court) (366 U.S. 717; 81 S.Ct. 1639) (June 5, 2061) (Justice Clark) by Case held that the standards governing change of venue derive from the Fourteenth Amendment's due process clause which safeguards a defendant's Sixth Amendment rights to a fair trial by "a …
U.S. v. Paster, No. 98-7270 (3rd Cir.) (173 F.3d 206) (April 19, 1999) (Judge Louis F. Oberdorfer)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Extreme Conduct or Injury
U.S. v. Paster, No. 98-7270 (3rd Cir.) (173 F.3d 206) (April 19, 1999) (Judge Louis F. Oberdorfer) by Here the court remanded for further findings a case where the district court imposed a nine-level upward departure for extreme conduct for consideration of "proportionality" concerns raised by the coincidence of 1st …
U.S. v. Paster, No. 98-7270 (3rd Cir.) (173 F.3d 206) (April 19, 1999) (Judge Louis F. Oberdorfer)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Aberrant Behavior
U.S. v. Paster, No. 98-7270 (3rd Cir.) (173 F.3d 206) (April 19, 1999) (Judge Louis F. Oberdorfer) by Here, relying on its prior precedent in U.S. v. Marcello, 13 F.3d 752 (3rd Cir. 1994), the Court refused to hold that the district court had erred in refusing to grant a …
U.S. v. Ballek, No. 97-30326 (9th Cir.) (170 F.3d 871) (March 11, 1999) (Judge Alex Kozinski)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act
U.S. v. Ballek, No. 97-30326 (9th Cir.) (170 F.3d 871) (March 11, 1999) (Judge Alex Kozinski) by This decision is noted because it addresses two significant, but rarely discussed, issues dealing with the Child Support Recovery Act (CSRA). That statute makes it a Federal crime for a parent who "willfully" …
Ruiz v. Johnson, No. Civ.A. H-78-987 (S.D.Tex.) (37 F.Supp.2d 855) (March 1, 1999) (William Wayne Justice)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Consent Decrees - Termination of
Ruiz v. Johnson, No. Civ.A. H-78-987 (S.D.Tex.) (37 F.Supp.2d 855) (March 1, 1999) (William Wayne Justice) by In this revealing decision, Judge Justice refused to vacate a consent decree over Texas prisons, finding that many of the living conditions in the Texas prison system still constituted per se violations of …
U.S. v. Bond, No. 96-2256 (6th Cir.) (171 F.3d 1047) (March 15, 1999) (Judge Allen E. Norris)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing
U.S. v. Bond, No. 96-2256 (6th Cir.) (171 F.3d 1047) (March 15, 1999) (Judge Allen E. Norris) by It’s an old story; and, as this case proves, there is virtually nothing that a defendant can do about it. The defendant in this case was convicted of armed bank robbery. The …
U.S. v. Cerceda, No. 95-4628 (11th Cir.) (172 F.3d 806) (April 16, 1999) (Per Curiam)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Recusal, Punch And Jurists
U.S. v. Cerceda, No. 95-4628 (11th Cir.) (172 F.3d 806) (April 16, 1999) (Per Curiam) by This is a reprise of a case originally reported at 139 F.3d 847 (Cerceda I) (see P&J, 5/25/98), where a panel of the Eleventh Circuit affirmed a district court (Judge O’Kelley) ruling granting motions …
U.S. v. Blackwell, No. 97-1143(L) (2nd Cir.) (172 F.3d 129) (March 19, 1999) (Per Curiam)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists
U.S. v. Blackwell, No. 97-1143(L) (2nd Cir.) (172 F.3d 129) (March 19, 1999) (Per Curiam) by In the topsy-turvy world of criminal law, the Federal Rules of Criminal Procedure can be one of its greatest enigmas. While those Rules were created to govern and to bring about an air of …
U.S. v. Rrapi, No. 98-10081 (9th Cir.) (175 F.3d 742) (May 4, 1999) (Judge Samuel P. King)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Federal Bank Robbery Act
U.S. v. Rrapi, No. 98-10081 (9th Cir.) (175 F.3d 742) (May 4, 1999) (Judge Samuel P. King) by The Ninth Circuit, the largest Court of Appeals in the country, never ceases to surprise. In this case, it affirmed a conviction for "bank robbery" under the Federal bank robbery statute, 18 …
U.S. v. Gantley, No. 97-6027 (6th Cir.) (172 F.3d 422) (March 30, 1999) (Judge Kathleen M. O'Malley)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists
U.S. v. Gantley, No. 97-6027 (6th Cir.) (172 F.3d 422) (March 30, 1999) (Judge Kathleen M. O'Malley) by Here the Court held that the Double Jerpardy Clause did not bar a new trial of the defendant following a mistrial, both because it found that the defendant had given his implied …
U.S. v. Ticchiarelli, No. 98-1225 (1st Cir.) (171 F.3d 24) (March 19, 1999) (Judge Sandra L. Lynch)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Waivers/Defaults
U.S. v. Ticchiarelli, No. 98-1225 (1st Cir.) (171 F.3d 24) (March 19, 1999) (Judge Sandra L. Lynch) by At his resentencing after a remand from the First Circuit, the defendant questioned the calculated weight of the drugs attributed to him. He claimed that the assigned weight overcounted his liability because …
U.S. v. Pornes-Garcia, No. 98-1335 (2nd Cir.) (171 F.3d 142) (March 26, 1999) (Judge Jon O. Newman)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Aggravated Felony
U.S. v. Pornes-Garcia, No. 98-1335 (2nd Cir.) (171 F.3d 142) (March 26, 1999) (Judge Jon O. Newman) by Here the Court stated: "The narrow issue on this appeal is whether this Court's construction of the phrase "aggravated felony" in a deportation statute applies to the same phrase used in the …
Wakefield v. Thompson, No. 96-16323 (9th Cir.) (177 F.3d 1160) (May 27, 1999) (Judge Stephen Reinhardt)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Cruel and Unusual Punishment
Wakefield v. Thompson, No. 96-16323 (9th Cir.) (177 F.3d 1160) (May 27, 1999) (Judge Stephen Reinhardt) by The petitioner in this case suffered from Organic Delusional Disorder, a malady which, when untreated, rendered him prone to violent outbursts. During his term of imprisonment at San Quentin, he was required by …
U.S. v. Iron Cloud, No. 98-2430 (8th Cir.) (171 F.3d 587) (March 19, 1999) (Judge Donald P. Lay)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Daubert Standards
U.S. v. Iron Cloud, No. 98-2430 (8th Cir.) (171 F.3d 587) (March 19, 1999) (Judge Donald P. Lay) by In this case the defendant was convicted by a jury of involuntary manslaughter under 18 U.S.C. §§ 1153 and 1112. He appealed, arguing that the district court's decision to admit into …
U.S. v. LaHue, No. 98-3146 (10th Cir.) (170 F.3d 1026) (March 23, 1999) (Judge Stephanie K. Seymour)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Federal Funds
U.S. v. LaHue, No. 98-3146 (10th Cir.) (170 F.3d 1026) (March 23, 1999) (Judge Stephanie K. Seymour) by Here the Court affirmed a lower court decision that the scope of 18 USC § 666 does not extend to assignees of federal funds, since such an interpretation would create an almost …
U.S. v. De Varon, No. 96-5421 (11th Cir.) (175 F.3d 930) (May 14, 1999) (Judge Stanley Marcus)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Drug Courier or "Mule" status
U.S. v. De Varon, No. 96-5421 (11th Cir.) (175 F.3d 930) (May 14, 1999) (Judge Stanley Marcus) by Here the Court established two principles to determine whether a mitigating role adjustment under USSG § 3B1.2 is proper - namely, the defendant's role in the relevant conduct and the defendant's role …
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