Search | Punch and Jurists

U.S. v. Barbaro, No. 98 CR 412 (JFK) (S.D.N.Y.) (1998 WL 556152) (September 1, 1998) (Judge John F. Keenan)

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

Filed under: Punch And Jurists

U.S. v. Barbaro, No. 98 CR 412 (JFK) (S.D.N.Y.) (1998 WL 556152) (September 1, 1998) (Judge John F. Keenan) by The Court concluded: "The concept of affording cooperating accomplices leniency dates back to the common law of England and has been recognized and approved by the United States Congress, the …

U.S. v. Talley, No. 97-5640 (6th Cir.) (164 F.3d 989) (January 14, 1999) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Talley, No. 97-5640 (6th Cir.) (164 F.3d 989) (January 14, 1999) (Judge Nathaniel R. Jones) by Here the court approved the use of an anonymous jury even though there was no evidence that the defendant was involved in a criminal organization that included a pattern of violence or …

Tulali v. U.S., No. Civ. No. 98-00764 DAE (D.Hawai'I) (29 F.Supp.2d 1177) (December 16, 1998) (Judge David Alan Ezra)

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

Filed under: Punch And Jurists, Sentencing Disparity

Tulali v. U.S., No. Civ. No. 98-00764 DAE (D.Hawai'I) (29 F.Supp.2d 1177) (December 16, 1998) (Judge David Alan Ezra) by Here the Court held that a disparity of 262 months between the sentence imposed on the defendant (who went to trial for drug trafficking) and that imposed on his female …

Tulali v. U.S., No. Civ. No. 98-00764 DAE (D.Hawai'I) (29 F.Supp.2d 1177) (December 16, 1998) (Judge David Alan Ezra)

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

Filed under: Punch And Jurists

Tulali v. U.S., No. Civ. No. 98-00764 DAE (D.Hawai'I) (29 F.Supp.2d 1177) (December 16, 1998) (Judge David Alan Ezra) by Here the Court denied a claim that the prosecution violated the provisions of 18 USC § 202(c)(2) by giving leniency to a witness in exchange for her testimony, holding that …

U.S. v. McCall, No. 97-1662 (2nd Cir.) (174 F.3d 47) (December 4, 1998) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists

U.S. v. McCall, No. 97-1662 (2nd Cir.) (174 F.3d 47) (December 4, 1998) (Judge Ralph K. Jr. Winter) by In this case, the defendant embezzled funds primarily from IRAs, and many of the accountholders he targeted were over seventy years old. One was over ninety. At sentencing, the only contested …

U.S. v. Lawhorne, No. CR. 3:96cr139 (E.D.Va.) (29 F.Supp.2d 292) (November 16, 1998) (Judge Robert E. Payne)

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

Filed under: Punch And Jurists, Juries - Fair and Impartial

U.S. v. Lawhorne, No. CR. 3:96cr139 (E.D.Va.) (29 F.Supp.2d 292) (November 16, 1998) (Judge Robert E. Payne) by Finding that one juror evinced actual bias in favor of the prosecutor, the Court held that the defendant's rights to a fair trial were violated, that the error was "plain" and that …

U.S. v. Herrera, No. Crim. No. 3:98-CR-331-D (N.D.Tex.) (29 F.Supp.2d 756) (December 10, 1998) (Judge Sidney A. Fitzwater)

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

Filed under: Punch And Jurists, Pretrial Detention and Detainees

U.S. v. Herrera, No. Crim. No. 3:98-CR-331-D (N.D.Tex.) (29 F.Supp.2d 756) (December 10, 1998) (Judge Sidney A. Fitzwater) by The court stressed that § 3148(b) singles out "the attorney for the Government" as the person who may file a motion to revoke pretrial release; and it reasoned: "Congress has spoken …

U.S. v. Ham, No. Crim. 3:97cr191(AWT) (D.Conn.) (29 F.Supp.2d 67) (September 2, 1998) (Judge Alvin W. Thompson)

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

Filed under: Punch And Jurists, Informer's Privilege

U.S. v. Ham, No. Crim. 3:97cr191(AWT) (D.Conn.) (29 F.Supp.2d 67) (September 2, 1998) (Judge Alvin W. Thompson) by The Court held that the defendant met his burden of proving that in the absence of the requested disclosure he would be denied a fair trial. Here Judge Thompson held that the …

LaGuerre v. Reno, No. 98-2613 (7th Cir.) (164 F.3d 1035) (December 22, 1998) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists

LaGuerre v. Reno, No. 98-2613 (7th Cir.) (164 F.3d 1035) (December 22, 1998) (Judge Richard A. Posner) by Although the Court held that the 1996 Amendments to the AEDPA eliminated habeas review of deportation orders, the Court recognized that a safety valve remains where deportees can seek direct review of …

U.S. v. Clark, No. CR-2-98-152 (S.D.Ohio) (29 F.Supp.2d 869) (November 30, 1998) (Judge Edmund A. Jr. Sargus)

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

Filed under: Punch And Jurists

U.S. v. Clark, No. CR-2-98-152 (S.D.Ohio) (29 F.Supp.2d 869) (November 30, 1998) (Judge Edmund A. Jr. Sargus) by In this Singleton-type case, the Court held that the admission of testimony of a witness who agrees to testify truthfully in exchange for lenience does not violate the Federal Anti-Gratuity statute (18 …

U.S. v. Chamberlain, No. 98-1564 (8th Cir.) (163 F.3d 499) (December 24, 1998) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists

U.S. v. Chamberlain, No. 98-1564 (8th Cir.) (163 F.3d 499) (December 24, 1998) (Judge Richard S. Arnold) by This case explored the "inherent coercion of the custodial setting" that was addressed in Miranda v. Arizona, 384 U.S. 436 (1996). The defendant in this case was convicted of a conspiracy to …

U.S. v. Talley, No. 97-5640 (6th Cir.) (164 F.3d 989) (January 14, 1999) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists

U.S. v. Talley, No. 97-5640 (6th Cir.) (164 F.3d 989) (January 14, 1999) (Judge Nathaniel R. Jones) by Here the Court rejected a claim that the Government's "lopsided" access to evidence by using its powers to grant immunity to its own witnesses, while refusing to give the defendant the same …

Taylor v. Reno, No. 97-36198 (9th Cir.) (164 F.3d 440) (December 31, 1998) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Authority/Subject Matter Jurisdiction

Taylor v. Reno, No. 97-36198 (9th Cir.) (164 F.3d 440) (December 31, 1998) (Judge David R. Thompson) by Case held that release of defendant on bail pending sentencing relinquished primary federal jurisdiction, so that state assumed promary jurisdiction when it then arrested defendant on state charge. The Court concluded as …

Franklin v. District of Columbia, No. 97-7162 (D.C. Cir.) (163 F.3d 625) (December 29, 1998) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists

Franklin v. District of Columbia, No. 97-7162 (D.C. Cir.) (163 F.3d 625) (December 29, 1998) (Judge A. Raymond Randolph) by In reversing a broad injunction previously issued to give non-English-speaking prisoners the right to translators in a range of prison activites, the D.C. Circuit shows the limited due process rights …

U.S. v. Montez-Gaviria, No. 97-1682 (2nd Cir.) (163 F.3d 697) (December 14, 1998) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Montez-Gaviria, No. 97-1682 (2nd Cir.) (163 F.3d 697) (December 14, 1998) (Judge Guido Calabresi) by Case held that a district court has the authority to grant a downward departure on the basis of uncredited time served by the defendant in State custody while on an INS detainer. Here …

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, Law of the Case

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 …

Westfall v. Erwin, No. 86-714 (U.S. Supreme Court) (484 U.S. 292; 108 S.Ct. 580) (January 13, 1988) (Justice Marshall)

Article • January 17, 1999

Filed under: Punch And Jurists, Westfall Act

Westfall v. Erwin, No. 86-714 (U.S. Supreme Court) (484 U.S. 292; 108 S.Ct. 580) (January 13, 1988) (Justice Marshall) by Here thet court held that absolute immunity from state-law tort actions was available to federal employees only when their conduct was both "within the scope of their official duties and …

U.S. v. Salerno, No. 91-872 (U.S. Supreme Court) (505 U.S. 317; 112 S.Ct. 2503) (June 19, 1992) (Justice Thomas)

Article • January 3, 1999

Filed under: Punch And Jurists, Witnesses - Prior Statements/Testimony

U.S. v. Salerno, No. 91-872 (U.S. Supreme Court) (505 U.S. 317; 112 S.Ct. 2503) (June 19, 1992) (Justice Thomas) by Case held that former testimony may not be introduced under Rule 804(b)(1) without a showing of "similar motive"; and noted that nothing suggests that a court may admit former testimony …

U.S. v. Gonzales, No. 97-2277 (10th Cir.) (164 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Gonzales, No. 97-2277 (10th Cir.) (164 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe) by The criminal justice system has long struggled with the concept of sanctions, or penalties imposed for some type of disobedience; and, more and more, it seems as if the imposition of sanctions …

U.S. v. Hach, No. 98-1691 (7th Cir.) (162 F.3d 937) (December 9, 1998) (Judge Joel L. Flaum)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Hach, No. 98-1691 (7th Cir.) (162 F.3d 937) (December 9, 1998) (Judge Joel L. Flaum) by In this case one of the defendants maintained that while he bought, consumed and sold cocaine, he had no agreement with the other members of the conspiracy to distribute what they sold …