Search | Punch and Jurists

U.S. v. Blake, No. CR 98-979 (JBW) (E.D.N.Y.) (89 F.Supp.2d 328) (March 15, 2000) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Victim Impact Statement/Testimony

U.S. v. Blake, No. CR 98-979 (JBW) (E.D.N.Y.) (89 F.Supp.2d 328) (March 15, 2000) (Judge Jack B. Weinstein) by In this case District Judge Weinstein refused to sentence a young woman bank robber to prison because he concluded that incarceration would “debilitate” rather than “rehabilitate” her. Pointing to a number …

U.S. v. Weston, No. CRIM. A. 98-357 EGS (D.D.C.) (69 F.Supp.2d 99) (September 9, 1999) (Judge Emmet G. Sullivan)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Weston, No. CRIM. A. 98-357 EGS (D.D.C.) (69 F.Supp.2d 99) (September 9, 1999) (Judge Emmet G. Sullivan) by In this decision, the District Court authorized the use of antipsychotic drugs on a pretrial detainee, based on the BOP's finding that the use of such drugs was necessary for …

Burdine v. Johnson, No. CIV. A. H-94-4190 (S.D.Tex.) (66 F.Supp.2d 854) (September 29, 1999) (Judge David Hittner)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Burdine v. Johnson, No. CIV. A. H-94-4190 (S.D.Tex.) (66 F.Supp.2d 854) (September 29, 1999) (Judge David Hittner) by The petitioner in this capital case moved for writ of habeas corpus on the grounds that his attorney, Joe Frank Cannon, had slept through substantial portions of his trial. Numerous witnesses (jurors …

U.S. v. Bicaksiz, No. 98-1576 (2nd Cir.) (194 F.3d 390) (October 15, 1999) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Bicaksiz, No. 98-1576 (2nd Cir.) (194 F.3d 390) (October 15, 1999) (Judge Jose A. Cabranes) by In this case, the defendant, who was convicted after trial, claimed that his counsel had been ineffective in not advising him that, if he was convicted after trial, he would be subject …

U.S. v. Morgan, No. 99-6245 (4th Cir.) (193 F.3d 252) (September 21, 1999) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Morgan, No. 99-6245 (4th Cir.) (193 F.3d 252) (September 21, 1999) (Judge William B. Jr. Traxler) by This case is noted for its discussion of another disturbing prison practice - the forcible use of anti-psychotic drugs on inmates. That’s one of those Pandora box issues: the courts always …

Parker v. Turpin, No. Civ.A.1:96-CV-3142-RWS (N.D.Ga.) (60 F.Supp.2d 1332) (August 13, 1999) (Judge Richard W. Story)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

Parker v. Turpin, No. Civ.A.1:96-CV-3142-RWS (N.D.Ga.) (60 F.Supp.2d 1332) (August 13, 1999) (Judge Richard W. Story) by One of the many holdings in this lengthy habeas case was a ruling that the defendant's due process rights were not violated at the penalty phase as a result of an award of …

Securities and Exchange Commission v. Monarch Funding Corp., No. 98-6120 (2nd Cir.) (192 F.3d 295) (September 20, 1999) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Collateral Estoppel

Securities and Exchange Commission v. Monarch Funding Corp., No. 98-6120 (2nd Cir.) (192 F.3d 295) (September 20, 1999) (Judge Joseph M. McLaughlin) by Here the Court held that giving preclusive effect in a civil action to findings made in a criminal sentencing proceeding "should be deemed improper" and it reversed …

Arredondo v. U.S., No. 96-2126 (6th Cir.) (178 F.3d 778) (May 28, 1999) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Arredondo v. U.S., No. 96-2126 (6th Cir.) (178 F.3d 778) (May 28, 1999) (Judge Karen Nelson Moore) by The defendant in this case sought to vacate his drug conviction on the grounds that his counsel was ineffective, in part because his counsel had failed to tell him about a plea …

Delgado v. Lewis, No. 97-56162 (9th Cir.) (181 F.3d 1087) (June 23, 1999) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Delgado v. Lewis, No. 97-56162 (9th Cir.) (181 F.3d 1087) (June 23, 1999) (Judge Sidney R. Thomas) by Set forth below is our review of the eartlier decision reported at 168 F.3d 1148 (most of which was approved by the instant decision): The petitioner in this case was a forty-five …

Schledwitz v. U.S., No. 97-6057 (6th Cir.) (169 F.3d 1003) (March 3, 1999) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

Schledwitz v. U.S., No. 97-6057 (6th Cir.) (169 F.3d 1003) (March 3, 1999) (Judge Nathaniel R. Jones) by Here the Court reversed a mail fraud conviction because the prosecution misled both the defense and the court by presenting its chief witness as a neutral and disinterested party when he had …

Carpenter v. Mohr, No. 97-3392 (6th Cir.) (163 F.3d 938) (December 18, 1998) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Carpenter v. Mohr, No. 97-3392 (6th Cir.) (163 F.3d 938) (December 18, 1998) (Judge Nathaniel R. Jones) by

U.S. v. Brandon, No. 97-3812 (6th Cir.) (158 F.3d 947) (October 23, 1998) (Judge Ronald Lee Gilman)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Brandon, No. 97-3812 (6th Cir.) (158 F.3d 947) (October 23, 1998) (Judge Ronald Lee Gilman) by Here the Court concluded that a non-dangerous pretrial detainee, whom institutional medical personnel sought to forcibly treat with antipsychotic medication solely to render him competent to stand trial, was constitutionally entitled to …

U.S. v. Alviso, No. 97-10100 (9th Cir.) (152 F.3d 1195) (August 26, 1998) (Judge Susan P. Graber)

Article • October 1, 1998 • from P&J October, 1998

Filed under: Punch And Jurists, Judgment - Modification of

U.S. v. Alviso, No. 97-10100 (9th Cir.) (152 F.3d 1195) (August 26, 1998) (Judge Susan P. Graber) by Here, based on the Supreme Court's decision in Almendarez-Torres v. U.S., 523 U.S. 224 (1998), the Court vacated a conviction under 8 U.S.C. § 1326(b) where the defendant was convicted of separate …

U.S. v. Martinez, No. 95-5331 (4th Cir.) (136 F.3d 972) (February 18, 1998) (Judge H. Emory Jr. Widener)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Martinez, No. 95-5331 (4th Cir.) (136 F.3d 972) (February 18, 1998) (Judge H. Emory Jr. Widener) by Among the issues raised in this case was the interesting question of whether a claim of ineffective assistance of counsel can constitute a valid basis for a downward departure under the …

Mackall v. Angelone, No. 95-4018 (4th Cir.) (131 F.3d 442) (December 18, 1997) (Judge William W. Jr. Wilkins)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Effective Assistance of Counsel

Mackall v. Angelone, No. 95-4018 (4th Cir.) (131 F.3d 442) (December 18, 1997) (Judge William W. Jr. Wilkins) by In his dissent, Judge Butzner framed the issue in this case as follows: "Did Mackall have a right to the assistance of competent counsel to pursue the issue of allegedly incompetent …

Parham v. Johnson, No. 95-3623 (3rd Cir.) (126 F.3d 454) (September 17, 1997) (Judge Nathaniel R. Jones)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Effective Assistance of Counsel

Parham v. Johnson, No. 95-3623 (3rd Cir.) (126 F.3d 454) (September 17, 1997) (Judge Nathaniel R. Jones) by This is an important (but horrifying) prison litigation case that says a lot about the level of medical care in our prisons. The case involves a damage claim by a prisoner against …

U.S. v. Figueroa-Lopez, No. 96-50243 (9th Cir.) (125 F.3d 1241) (September 9, 1997) (Judge Stephen S. Trott)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Figueroa-Lopez, No. 96-50243 (9th Cir.) (125 F.3d 1241) (September 9, 1997) (Judge Stephen S. Trott) by Failure of Government to provide notice of its plan to use expert witness was not reversible error absent a showing of prejudice.

U.S. v. Griffith, No. 96-30655 (5th Cir.) (118 F.3d 318) (July 17, 1997) (Judge Fortunato P. Benavides)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Griffith, No. 96-30655 (5th Cir.) (118 F.3d 318) (July 17, 1997) (Judge Fortunato P. Benavides) by Here the Court held that it was proper for a DEA agent to testify about the meaning of various wiretapped conversations, even though she had not been qualified as an expert. Citing …

U.S. v. Torres, No. 96-3044 (D.C. Cir.) (115 F.3d 1033) (June 20, 1997) (Judge David S. Tatel)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Torres, No. 96-3044 (D.C. Cir.) (115 F.3d 1033) (June 20, 1997) (Judge David S. Tatel) by Can a defendant file a Rule 33 motion on the basis of a claim of ineffective assistance of counsel? Generally not. In this case, the D.C. Circuit joins nine other Circuits in …

U.S. v. Gonzalez-Maldonado, No. 96-1120 (1st Cir.) (115 F.3d 9) (May 30, 1997) (Judge Juan R. Torruella)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Gonzalez-Maldonado, No. 96-1120 (1st Cir.) (115 F.3d 9) (May 30, 1997) (Judge Juan R. Torruella) by Case held it was reversible error for the trial court to have excluded psychiatric testimony regarding witness' testimony to exaggerate, where witness was incompetent to testify. Case held that its is well …