Search | Punch and Jurists

Benjamin v. Jacobson, No. 96-7957 (2nd Cir.) (172 F.3d 144) (March 23, 1999) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Benjamin v. Jacobson, No. 96-7957 (2nd Cir.) (172 F.3d 144) (March 23, 1999) (Judge Amalya Lyle Kearse) by Here the en banc court ruled that the termination provisions of the PLRA do not violate the separation of powers principle be requiring courts to reopen final judgments, nor strip courts of …

U.S. v. Richardson, No. 98-30168 (5th Cir.) (168 F.3d 836) (March 1, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Richardson, No. 98-30168 (5th Cir.) (168 F.3d 836) (March 1, 1999) (Per Curiam) by The Court rejected the defendant's argument that notice of the firearm prohibition must expressly appear on the face of the pardon itself - and particularly noted that a letter he received as part of …

U.S. v. Mikaelian, No. 97-50174 (9th Cir.) (168 F.3d 380) (February 17, 1999) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Mikaelian, No. 97-50174 (9th Cir.) (168 F.3d 380) (February 17, 1999) (Judge Robert Boochever) by In its ruling the Court relied on its previous holding in U.S. v. Murphy, 65 F.3d 758, 762 (9th Cir. 1995) that "the government cannot refuse to file such a motion on the …

Bass v. Perrin, No. 96-3428 (11th Cir.) (170 F.3d 1312) (April 1, 1999) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Bass v. Perrin, No. 96-3428 (11th Cir.) (170 F.3d 1312) (April 1, 1999) (Judge Gerald B. Tjoflat) by The great Russian novelist Fydor Mikhailovich Dostoyevsky once wrote "the degree of civilization in a society is revealed by entering its prisons." F. Dostoyevsky, The House of the Dead 76 (C. Garnett …

U.S. v. Scheer, No. 96-4225 (11th Cir.) (168 F.3d 445) (February 25, 1999) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Fair Trial

U.S. v. Scheer, No. 96-4225 (11th Cir.) (168 F.3d 445) (February 25, 1999) (Judge Stanley F. Jr. Birch) by QUOTE OF THE WEEK - Getting convictions by striking "foul blows." "The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose …

Greig v. Goord, No. 97-9340 (2nd Cir.) (169 F.3d 165) (March 2, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Greig v. Goord, No. 97-9340 (2nd Cir.) (169 F.3d 165) (March 2, 1999) (Per Curiam) by Here Court held that litigants - like the plaintiff in this case - who file prison conditions lawsuits after release from confinement are no longer "prisoners" for purposes of 42 USC § 1997e(a) and …

U.S. v. Campbell, No. 97-5593 (6th Cir.) (168 F.3d 263) (February 17, 1999) (Judge Karen Nelson Moore)

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

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

U.S. v. Campbell, No. 97-5593 (6th Cir.) (168 F.3d 263) (February 17, 1999) (Judge Karen Nelson Moore) by The Court explained the "mandate rule" by stating that its basic tenet is that a district court is bound by the scope of remand issued by the court of appeals. It also …

U.S. v. Scheer, No. 96-4225 (11th Cir.) (168 F.3d 445) (February 25, 1999) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Exculpatory Evidence - Disclosure Obligations

U.S. v. Scheer, No. 96-4225 (11th Cir.) (168 F.3d 445) (February 25, 1999) (Judge Stanley F. Jr. Birch) by This is not your average case of outrageous prosecutorial misconduct. It has at least four features that make it stand out as a significant case in American jurisprudence. First, A.U.S.A. Lothar …

U.S. v. Marquez, No. CR 98-30100 (D.S.D.) (34 F.Supp.2d 1167) (February 1, 1999) (Judge Charles Kornmann)

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

Filed under: Punch And Jurists

U.S. v. Marquez, No. CR 98-30100 (D.S.D.) (34 F.Supp.2d 1167) (February 1, 1999) (Judge Charles Kornmann) by Here the Court held that the Federal Anti-Gratuity Statute, which prohibits "whoever" from giving anything of value to any person for testimony as a witness, does not apply to the Government when conferring …

U.S. v. Truscello, No. 97-1404 (2nd Cir.) (168 F.3d 61) (January 22, 1999) (Judge Richard Conway Casey)

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

Filed under: Punch And Jurists

U.S. v. Truscello, No. 97-1404 (2nd Cir.) (168 F.3d 61) (January 22, 1999) (Judge Richard Conway Casey) by When the defendant in this case was sentenced in this case, the sentencing judge did not orally articulate the standard conditions of supervised release, but the written Judgement and Commitment Order included …

U.S. v. Ortiz, No. 73-2050 (U.S. Supreme Court) (422 U.S. 891; 95 S.Ct. 2585) (June 30, 1975) (Justice Powell)

Article • March 22, 1999

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

U.S. v. Ortiz, No. 73-2050 (U.S. Supreme Court) (422 U.S. 891; 95 S.Ct. 2585) (June 30, 1975) (Justice Powell) by Here the Court observed that "at traffic checkpoints removed from the border and its functional equivalents, officers may not search private vehicles without consent or probable cause.".

Atwater v. City of Lago Vista, No. 98-50302 (5th Cir.) (165 F.3d 380) (January 29, 1999) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

Atwater v. City of Lago Vista, No. 98-50302 (5th Cir.) (165 F.3d 380) (January 29, 1999) (Judge Robert M. Parker) by The essence of this decision was the Court's ruling that: "Gail Atwater became the victim of an over-zealous police officer who abused the power entrusted to him by the …

U.S. v. Rucker, No. 97-CR-1146 (ILG) (E.D.N.Y.) (32 F.Supp.2d 545) (January 11, 1999) (Judge I. Leo Glasser)

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

Filed under: Punch And Jurists, Bruton Error

U.S. v. Rucker, No. 97-CR-1146 (ILG) (E.D.N.Y.) (32 F.Supp.2d 545) (January 11, 1999) (Judge I. Leo Glasser) by Court held that the admission into evidence of defendants' statements to law enforcement officers, which referred to some of the defendants by name, would not violate the Bruton rule since the statements …

U.S. v. Sudikoff, No. CR-97-1176 (C.D.Cal.) (36 F.Supp.2d 1196) (March 2, 1999) (Judge Dean D. Pregerson)

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

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

U.S. v. Sudikoff, No. CR-97-1176 (C.D.Cal.) (36 F.Supp.2d 1196) (March 2, 1999) (Judge Dean D. Pregerson) by With the demise of Singleton-type arguments, defense counsel must once again use the old-fashioned methods to attack the credibility of accomplice and informant witnesses. This is a significant case which teaches an important …

U.S. v. Mitchell, No. 97-31252 (5th Cir.) (166 F.3d 748) (January 29, 1999) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Mitchell, No. 97-31252 (5th Cir.) (166 F.3d 748) (January 29, 1999) (Judge Jacques L. Jr. Wiener) by This case helps to put in perspective the impact of one commonly used sentencing enhancement. The case deals with a provision of the Guidelines (U.S.S.G. § 2K2.1(c)(1)(A)), which permits a sentencing …

U.S. v. Hall, No. 97-4032 (7th Cir.) (165 F.3d 1095) (January 19, 1999) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Residual exception

U.S. v. Hall, No. 97-4032 (7th Cir.) (165 F.3d 1095) (January 19, 1999) (Judge Michael S. Kanne) by Among several Federal Rules of Evidence issues discussed in this decision, the court reviewed at length the residual exception rule contained in Rule 807 (which was formerly known as Rule 803(24) until …

U.S. v. Hall, No. 97-4032 (7th Cir.) (165 F.3d 1095) (January 19, 1999) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Eyewitness Identification

U.S. v. Hall, No. 97-4032 (7th Cir.) (165 F.3d 1095) (January 19, 1999) (Judge Michael S. Kanne) by Here the Court emphasized that its long-standing presumption against the admissibility of expert testimony on eyewitness identifications stemmed from its concerns about whether such expert testimony would actually assist the trier of …

Lambright v. Stewart, No. 96-99020 (9th Cir.) (167 F.3d 477) (January 26, 1999) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Juries - Dual

Lambright v. Stewart, No. 96-99020 (9th Cir.) (167 F.3d 477) (January 26, 1999) (Judge Stephen Reinhardt) by While case held that the district court violated the defendants' rights by conducting a dual jury trial, it is noted principally for Judge Thompson's dissent in which he reviewed errors that do not …

Lauro v. The City of New York, No. 95 Civ. 8908 (AGS) (S.D.N.Y.) (39 F.Supp.2d 351) (February 25, 1999) (Judge Allen G. Schwartz)

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

Filed under: Punch And Jurists, Perp Walks/Ride-Alongs

Lauro v. The City of New York, No. 95 Civ. 8908 (AGS) (S.D.N.Y.) (39 F.Supp.2d 351) (February 25, 1999) (Judge Allen G. Schwartz) by Here Judge Schwartz condemned the police practice of "perp walks" which he said were designed to titillate the press and humiliate the defendant, but which lacked …

McGhee v. Clark, No. 98-2066 (7th Cir.) (166 F.3d 884) (January 28, 1999) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Delegation of Authority

McGhee v. Clark, No. 98-2066 (7th Cir.) (166 F.3d 884) (January 28, 1999) (Judge Kenneth F. Ripple) by The Court also held that BOP decisions to accelerate the defendant's payments of his fine and to count as available resources funds that the inmate received from outside sources were proper. Citing …