Search | Punch and Jurists

Gilbert v. U.S., No. 97-5040 (6th Cir.) (165 F.3d 470) (January 20, 1999) (Judge James G. Carr)

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

Filed under: Punch And Jurists, Posse Comitatus Act

Gilbert v. U.S., No. 97-5040 (6th Cir.) (165 F.3d 470) (January 20, 1999) (Judge James G. Carr) by Citing Perpich v. Dep't of Defense, 496 U.S. 334 (1990), the Court concluded that the Act does not apply to the National Guard unless they have been called into "federal service" - …

U.S. v. McClellan, No. 97-3370 (7th Cir.) (165 F.3d 535) (January 4, 1999) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Franks Hearing

U.S. v. McClellan, No. 97-3370 (7th Cir.) (165 F.3d 535) (January 4, 1999) (Judge John L. Coffey) by In rejecting a claim of error based on a refusal to grant a Frank's hearing, the Court ruled that such refusal is reviewed only for clear error and "we presume that the …

U.S. v. McClellan, No. 97-3370 (7th Cir.) (165 F.3d 535) (January 4, 1999) (Judge John L. Coffey)

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

Filed under: Punch And Jurists

U.S. v. McClellan, No. 97-3370 (7th Cir.) (165 F.3d 535) (January 4, 1999) (Judge John L. Coffey) by The court observed: "In the circumstance where an issue has not been raised prior to appeal at trial or sentencing, that issue is not properly preserved for appeal and "must be reviewed …

Vansickel v. White, No. 97-17143 (9th Cir.) (166 F.3d 953) (January 27, 1999) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Peremptory Challenges

Vansickel v. White, No. 97-17143 (9th Cir.) (166 F.3d 953) (January 27, 1999) (Judge David R. Thompson) by Claiming the majority's decision was contrary to the Court's en banc ruling in U.S. v. Annigoni, 96 F.3d 1132 (9th Cir. 1996), Judge Reinhardt wrote: "The majority acknowledges that the trial court's …

U.S. v. Harris, No. 96-10416 (9th Cir.) (165 F.3d 1277) (February 4, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Harris, No. 96-10416 (9th Cir.) (165 F.3d 1277) (February 4, 1999) (Per Curiam) by While the full court voted not to rehear en banc its previous decision reported at 154 F.3d 1082, Judge Kozinski ripped into the judges who wrote that decision, accusing them of being disrespectful to …

U.S. v. Hatten, No. 97-30788 (5th Cir.) (167 F.3d 884) (February 9, 1999) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists

U.S. v. Hatten, No. 97-30788 (5th Cir.) (167 F.3d 884) (February 9, 1999) (Judge Carl E. Stewart) by This case shows how two of the preeminent practical goals of the criminal justice system - "streamlining" appeals and collecting as much money as possible from ex-offenders - can lead to some …

U.S. v. Hilton, No. 98-1513 (1st Cir.) (167 F.3d 61) (January 27, 1999) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists

U.S. v. Hilton, No. 98-1513 (1st Cir.) (167 F.3d 61) (January 27, 1999) (Judge Hugh H. Bownes) by The Court acknowledged that "Overbroad statutes by their nature present a host of difficulties for our system of ordered liberty, not the least of which is a chilling effect on the communication …

Morgan v. Gertz, No. 97-1427 (10th Cir.) (166 F.3d 1307) (February 8, 1999) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, False Arrrest/Malicious Prosecution

Morgan v. Gertz, No. 97-1427 (10th Cir.) (166 F.3d 1307) (February 8, 1999) (Judge Mary Beck Briscoe) by This case is another example of how the courts protect the criminal justice system - even when law enforcement officials maliciously abuse their power. In this civil rights suit for damages, the …

U.S. v. Morrison, No. 79-395 (U.S. Supreme Court) (449 U.S. 361; 101 S.Ct. 665) (January 13, 1981) (Justice White)

Article • February 24, 1999

Filed under: Punch And Jurists, Invasion of Defense Camp

U.S. v. Morrison, No. 79-395 (U.S. Supreme Court) (449 U.S. 361; 101 S.Ct. 665) (January 13, 1981) (Justice White) by "Our approach has thus been to identify and then neutralize the taint by tailoring relief appropriate in the circumstances to assure the defendant the effective assistance of counsel and a …

Simmons v. U.S., No. 55 (U.S. Supreme Court) (390 U.S. 377; 88 S.Ct. 967) (March 18, 2068) (Justice Harlan)

Article • February 23, 1999

Filed under: Punch And Jurists

Simmons v. U.S., No. 55 (U.S. Supreme Court) (390 U.S. 377; 88 S.Ct. 967) (March 18, 2068) (Justice Harlan) by In this case the Court addressed the admissibility of statements made by criminal defendants in exclusionary hearings to suppress evidence seized in violation of the Fourth Amendment, and it held …

Sanders v. U.S., No. 202 (U.S. Supreme Court) (373 U.S. 1; 83 S.Ct. 1068) (April 29, 2063) (Justice Brennan)

Article • February 22, 1999

Filed under: Punch And Jurists, Law of the Case

Sanders v. U.S., No. 202 (U.S. Supreme Court) (373 U.S. 1; 83 S.Ct. 1068) (April 29, 2063) (Justice Brennan) by The Court reasoned that "notions of finality in litigation have no place where life or liberty is at stake and infringement of constitutional rights is alleged." (Id., at 8). Here, …

Swain v. Pressley, No. 75-811 (U.S. Supreme Court) (430 U.S. 372; 97 S.Ct. 1224) (March 22, 1977) (Justice Stevens)

Article • February 16, 1999

Filed under: Punch And Jurists

Swain v. Pressley, No. 75-811 (U.S. Supreme Court) (430 U.S. 372; 97 S.Ct. 1224) (March 22, 1977) (Justice Stevens) by Case held that the Suspension Clause permits Congress to replace habeas corpus with another avenue of judicial review as long as that alternative vehicle is adequate and effective. The Suspension …

Muscarello v. U.S., No. 96-1654 (U.S. Supreme Court) (524 U.S. 125; 118 S.Ct. 1911) (June 8, 1998) (Justice Breyer)

Article • February 13, 1999

Filed under: Punch And Jurists, Possession or Use of Firearms

Muscarello v. U.S., No. 96-1654 (U.S. Supreme Court) (524 U.S. 125; 118 S.Ct. 1911) (June 8, 1998) (Justice Breyer) by Here the Court held that the phrase "carries a firearm" applies to a person who knowingly possesses and conveys firearms in a vehicle, including in the locked glove compartment or …

Stansbury v. California, No. 93-5770 (U.S. Supreme Court) (511 U.S. 318; 114 S.Ct. 1526) (April 26, 1994) (Per Curiam)

Article • February 11, 1999

Filed under: Punch And Jurists

Stansbury v. California, No. 93-5770 (U.S. Supreme Court) (511 U.S. 318; 114 S.Ct. 1526) (April 26, 1994) (Per Curiam) by Case held that an officer's subjective and undisclosed view concerning whether the person being interrogated is a suspect is irrelevant to the assessment whether the person is in custody. "An …

U.S. v. Kozminski, No. 86-2000 (U.S. Supreme Court) (487 U.S. 931; 108 S.Ct. 2751) (June 29, 1988) (Justice O'Connor)

Article • February 10, 1999

Filed under: Punch And Jurists

U.S. v. Kozminski, No. 86-2000 (U.S. Supreme Court) (487 U.S. 931; 108 S.Ct. 2751) (June 29, 1988) (Justice O'Connor) by Here the Court held that structurally, judicial nullification violates the Separation of Powers Clause because "so long as Congress acts within its constitutional power in enacting a criminal statute, [courts] …

U.S. v. Scott, No. 76-1382 (U.S. Supreme Court) (437 U.S. 82; 98 S.Ct. 2187) (June 14, 1978) (Justice Rehnquist)

Article • February 8, 1999

Filed under: Punch And Jurists

U.S. v. Scott, No. 76-1382 (U.S. Supreme Court) (437 U.S. 82; 98 S.Ct. 2187) (June 14, 1978) (Justice Rehnquist) by Case held that where a defendant seeks to have his trial terminated without any submission to either judge or jury as to his guilt or innocence, an appeal by the …

U.S. v. Scrivner, No. 97-35584 (9th Cir.) (167 F.3d 525) (February 5, 1999) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists

U.S. v. Scrivner, No. 97-35584 (9th Cir.) (167 F.3d 525) (February 5, 1999) (Judge Stephen S. Trott) by This is an important decision which made significant rulings on two separate issues: first, it held that the "law of the case" doctrine is inapplicable to habeas corpus proceedings; and, second, it …

U.S. v. Flowal, No. 97-5412 (6th Cir.) (163 F.3d 956) (December 29, 1998) (Judge Damon J. Keith)

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

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Flowal, No. 97-5412 (6th Cir.) (163 F.3d 956) (December 29, 1998) (Judge Damon J. Keith) by Here the Court remanded a drug case for resentencing because the weight of the drugs adopted by the district court required the imposition of a life sentence - whereas 11 grams less …

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams) by Excerpts from P&J, 11/15/99 in which we discussed the Supreme Court's decision to review the Fourth Circuit's decision in the Miranda case. [From Vol. 6, Nos. 45 & 46, dated November 15,1999] …

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams) by In this case the Fourth Circuit held that "it is perfectly clear that Congress enacted [18 USC] § 3501with the express purpose of legislatively overruling Miranda [v. Arizona] and restoring voluntariness as …