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Hill v. U.S., No. 68 (U.S. Supreme Court) (368 U.S. 424; 82 S.Ct. 468) (January 22, 2062) (Justice Stewart)

Article • August 6, 2001

Filed under: Punch And Jurists, Appealable Issues/Orders

Hill v. U.S., No. 68 (U.S. Supreme Court) (368 U.S. 424; 82 S.Ct. 468) (January 22, 2062) (Justice Stewart) by This case is a continuation of the Court's decision in Green v. U.S., 365 U.S. 301 (1961), where it first characterized the right of allocution at sentencing as an important …

U.S. v. Teeter, No. 00-2332 (1st Cir.) (257 F.3d 14) (July 23, 2001) (Judge Bruce M. Selya)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Teeter, No. 00-2332 (1st Cir.) (257 F.3d 14) (July 23, 2001) (Judge Bruce M. Selya) by This is an important decision on the validity of the highly-popular waivers of appellate rights that are now inserted in most plea agreements. Defense counsel have frequently criticized such waivers on the …

Becker v. Montgomery, No. 00-6374 (U.S. Supreme Court) (532 U.S. 757; 121 S.Ct. 1801) (May 29, 2001) (Justice Ginsburg)

Article • May 1, 2001 • from P&J May, 2001

Filed under: Punch And Jurists, Jurisdictional Defects

Becker v. Montgomery, No. 00-6374 (U.S. Supreme Court) (532 U.S. 757; 121 S.Ct. 1801) (May 29, 2001) (Justice Ginsburg) by In this case, the petitioner, Dale Becker, a prisoner in Ohio, instituted a pro se civil rights action in a Federal district court, contesting the conditions of his confinement. Upon …

Scarborough v. U.S., No. 75-1344 (U.S. Supreme Court) (431 U.S. 563; 97 S.Ct. 1963) (June 6, 1977) (Justice Marshall)

Article • April 15, 2001

Filed under: Punch And Jurists, Felon in Possession Statute

Scarborough v. U.S., No. 75-1344 (U.S. Supreme Court) (431 U.S. 563; 97 S.Ct. 1963) (June 6, 1977) (Justice Marshall) by Here the court held that in order to convict a felon of unlawful possession of a firearm under the predecessor statute to 18 USC § 922(g)(1) the Government only has …

U.S. v. Smith, No. 99-4253 (7th Cir.) (250 F.3d 1073) (May 8, 2001) (Per Curiam)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Procedural Default/Error

U.S. v. Smith, No. 99-4253 (7th Cir.) (250 F.3d 1073) (May 8, 2001) (Per Curiam) by In January, 2001, some three months after the Supreme Court vacated Anthony Smith’s original 405-month sentence in this drug case and remanded the case back to the Seventh Circuit for reconsideration in light of …

U.S. v. Miranda, No. 98-11183 (5th Cir.) (248 F.3d 434) (April 17, 2001) (Judge Robert M. Parker)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Procedural Default/Error

U.S. v. Miranda, No. 98-11183 (5th Cir.) (248 F.3d 434) (April 17, 2001) (Judge Robert M. Parker) by

U.S. v. Ardley, No. 98-7033 (11th Cir.) (242 F.3d 989) (February 20, 2001) (Per Curiam)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Preservation of Appellate Rights/Issues

U.S. v. Ardley, No. 98-7033 (11th Cir.) (242 F.3d 989) (February 20, 2001) (Per Curiam) by After the Eleventh Circuit's earlier unpublished decision in this case (reported at 202 F.3d 287 (11th Cir. 2000) (Table) was vacated by the Supreme Court (121 S.Ct. 751 (2001)) and remanded for further review …

U.S. v. Wilkes, No. CR. 97-10235-NG (D.Mass.) (130 F.Supp.2d 222) (February 20, 2001) (Judge Nancy Gertner)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Jurisdictional Defects

U.S. v. Wilkes, No. CR. 97-10235-NG (D.Mass.) (130 F.Supp.2d 222) (February 20, 2001) (Judge Nancy Gertner) by Not surprisingly, in this Sentencing Memorandum, Judge Gertner has written an important addition to the body of Apprendi jurisprudence. Here, preempted by the First Circuit’s hasty rush to judgment on a number of …

U.S. v. Cockerham, No. 98-7189 (10th Cir.) (237 F.3d 1179) (January 18, 2001) (Judge Monroe G. McKay)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Cockerham, No. 98-7189 (10th Cir.) (237 F.3d 1179) (January 18, 2001) (Judge Monroe G. McKay) by The defendant in this case pled guilty to several drug trafficking crimes. After his conviction was affirmed on appeal, defendant moved for habeas relief under 28 U.S.C.S. § 2255. The United States …

Burton v. U.S., No. 98-20294 (5th Cir.) (237 F.3d 490) (December 22, 2000) (Per Curiam)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Jurisdictional Defects

Burton v. U.S., No. 98-20294 (5th Cir.) (237 F.3d 490) (December 22, 2000) (Per Curiam) by

U.S. v. Smith, No. 99-4253 (7th Cir.) (241 F.3d 546) (February 8, 2001) (Judge Frank H. Easterbrook)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Procedural Default/Error

U.S. v. Smith, No. 99-4253 (7th Cir.) (241 F.3d 546) (February 8, 2001) (Judge Frank H. Easterbrook) by Here, after the Supreme Court had vacated the sentence imposed in this case and remanded it for reconsideration in light of Apprendi, the Seventh Circuit again affirmed the same sentence on a …

U.S. v. Candelario, No. 99-11443 (11th Cir.) (240 F.3d 1300) (February 5, 2001) (Judge Gerald B. Tjoflat)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Candelario, No. 99-11443 (11th Cir.) (240 F.3d 1300) (February 5, 2001) (Judge Gerald B. Tjoflat) by The defendant in this case was convicted in 1994 by a jury of two counts of distributing crack cocaine; and he was sentenced to concurrent terms of life imprisonment on both counts. …

U.S. v. Tran, No. 99-1278(L) (2nd Cir.) (234 F.3d 798) (November 15, 2000) (Judge Fred I. Parker)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Jurisdictional Defects

U.S. v. Tran, No. 99-1278(L) (2nd Cir.) (234 F.3d 798) (November 15, 2000) (Judge Fred I. Parker) by Here the Court held that the omission of an element in the indictment limits the court's subject-matter jurisdiction to trying, convicting, and sentencing the defendant solely on the facts and offenses charged …

U.S. v. Nance, No. 00-1836 (7th Cir.) (236 F.3d 820) (December 29, 2000) (Judge Diane P. Wood)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Jurisdictional Defects

U.S. v. Nance, No. 00-1836 (7th Cir.) (236 F.3d 820) (December 29, 2000) (Judge Diane P. Wood) by Here the Court held that, under Apprendi, before a defendant can be sentenced above the default statutory maximum, the drug quantity must be charged in the indictment and found by the jury …

U.S. v. Mojica-Baez, No. 98-2349 (1st Cir.) (229 F.3d 292) (August 30, 2000) (Judge Sandra L. Lynch)

Article • November 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Jurisdictional Defects

U.S. v. Mojica-Baez, No. 98-2349 (1st Cir.) (229 F.3d 292) (August 30, 2000) (Judge Sandra L. Lynch) by Here the Court held that harmless error analysis applies to the failure to allege an element of a crime in the indictment - a ruling that is in conflict with pre-Apprendi decisions …

Bousley v. U.S., No. 96-8516 (U.S. Supreme Court) (523 U.S. 614; 118 S.Ct. 1604) (May 18, 1998) (Justice Rehnquist)

Article • September 6, 2000

Filed under: Punch And Jurists, Procedural Default/Error

Bousley v. U.S., No. 96-8516 (U.S. Supreme Court) (523 U.S. 614; 118 S.Ct. 1604) (May 18, 1998) (Justice Rehnquist) by Case held that a procedural default arising from the defendant's failure to raise the Bailey issue on his direct appeal was not an absolute bar to subsequent collateral relief - …

Wainwright v. Sykes, No. 75-1578 (U.S. Supreme Court) (433 U.S. 72; 97 S.Ct. 2497) (June 23, 1977) (Justice Rehnquist)

Article • August 26, 2000

Filed under: Punch And Jurists, Procedural Default/Error

Wainwright v. Sykes, No. 75-1578 (U.S. Supreme Court) (433 U.S. 72; 97 S.Ct. 2497) (June 23, 1977) (Justice Rehnquist) by In this case the Court considered the availability of federal habeas corpus relief to review a state convict's claim that testimony was admitted at his trial in violation of his …

Ohler v. U.S., No. 98-9828 (U.S. Supreme Court) (529 U.S. 753; 120 S.Ct. 1851) (May 22, 2000) (Justice Rehnquist)

Article • July 19, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Waiver of Appeal Rights

Ohler v. U.S., No. 98-9828 (U.S. Supreme Court) (529 U.S. 753; 120 S.Ct. 1851) (May 22, 2000) (Justice Rehnquist) by In this important decision, which has so far escaped the notice of most commentators, a divided Supreme Court addressed an important issue dealing with the use of impeachment evidence under …

Davis v. U.S., No. 71-6481 (U.S. Supreme Court) (411 U.S. 233; 93 S.Ct. 1577) (April 17, 1973) (Justice Rehnquist)

Article • June 29, 2000

Filed under: Punch And Jurists, Waiver of Appeal Rights

Davis v. U.S., No. 71-6481 (U.S. Supreme Court) (411 U.S. 233; 93 S.Ct. 1577) (April 17, 1973) (Justice Rehnquist) by Here a divided Supreme Court held that the waiver standard set forth in Fed.R.Crim.P. 12(b)(2) bars an untimely claim of grand jury discrimination, not only during the criminal proceeding, but …

Torres v. Oakland Scavenger Co., No. 86-1845 (U.S. Supreme Court) (487 U.S. 312; 108 S.Ct. 2405) (June 24, 1988) (Justice Marshall)

Article • June 29, 2000

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

Torres v. Oakland Scavenger Co., No. 86-1845 (U.S. Supreme Court) (487 U.S. 312; 108 S.Ct. 2405) (June 24, 1988) (Justice Marshall) by The issue addressed by the Court in this case was whether a federal appellate court has jurisdiction over a party who was not specified in the notice of …