Search | Punch and Jurists

U.S. v. Lujano-Perez, No. 00-40920 (5th Cir.) (274 F.3d 219) (November 26, 2001) (Judge Harold R. Jr. DeMoss)

Article • January 1, 2002 • from P&J January, 2002

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Lujano-Perez, No. 00-40920 (5th Cir.) (274 F.3d 219) (November 26, 2001) (Judge Harold R. Jr. DeMoss) by In this case, a divided panel held that that the trial court's failure to admonish the defendants of the nature of the charge, as required by Rule 11 of the Fed.R.Crim.P., …

Faretta v. California, No. 73-5772 (U.S. Supreme Court) (422 U.S. 806; 95 S.Ct. 2525) (June 30, 1975) (Justice Stewart)

Article • December 29, 2001

Filed under: Punch And Jurists, Pro Se Issues

Faretta v. California, No. 73-5772 (U.S. Supreme Court) (422 U.S. 806; 95 S.Ct. 2525) (June 30, 1975) (Justice Stewart) by Here the Court held that a criminal defendant has a constitutional right to conduct his own defense at trial by acting pro se when he voluntarily and intelligently elects to …

Smith v. Robbins, No. 98-1037 (U.S. Supreme Court) (528 U.S. 259; 120 S.Ct. 746) (January 19, 2000) (Justice Thomas)

Article • November 18, 2001

Filed under: Punch And Jurists, Anders Brief

Smith v. Robbins, No. 98-1037 (U.S. Supreme Court) (528 U.S. 259; 120 S.Ct. 746) (January 19, 2000) (Justice Thomas) by In this case, the Supreme Court held that the procedure established in Anders v. California, 386 U.S. 738 (1967), for appointed counsel to follow when deciding that an indigent defendant’s …

U.S. v. Adelzo-Gonzalez, No. 99-50152 (9th Cir.) (268 F.3d 772) (September 26, 2001) (Judge Susan Y. Illston)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Adelzo-Gonzalez, No. 99-50152 (9th Cir.) (268 F.3d 772) (September 26, 2001) (Judge Susan Y. Illston) by In this case the Court found that the district court had erred by failing to make adequate inquiries into the alleged breakdown of trust between the defendant and his counsel - stating …

U.S. v. Sanchez, No. 00-13347 (11th Cir.) (269 F.3d 1250) (October 17, 2001) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Sanchez, No. 00-13347 (11th Cir.) (269 F.3d 1250) (October 17, 2001) (Judge Frank May Hull) by Here the en banc Court rejected the defendants' contention that Apprendi invalidated their guilty pleas because the court did not advise them of all the elements of the offense and because the …

Hunt v. Mitchell, No. 99-4308 (6th Cir.) (261 F.3d 575) (August 22, 2001) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Strickland Standard

Hunt v. Mitchell, No. 99-4308 (6th Cir.) (261 F.3d 575) (August 22, 2001) (Judge R. Guy Jr. Cole) by The decision in this case sends a clear and disturbing message: sometimes, no matter how egregious the facts may be, appellants will have a difficult time obtaining justice simply because there …

Jones v. Barnes, No. 81-1794 (U.S. Supreme Court) (463 U.S. 745; 103 S.Ct. 3308) (July 5, 1983) (Justice Burger)

Article • September 23, 2001

Filed under: Punch And Jurists, Strickland Standard

Jones v. Barnes, No. 81-1794 (U.S. Supreme Court) (463 U.S. 745; 103 S.Ct. 3308) (July 5, 1983) (Justice Burger) by After the respondent in this case was convicted of robbery and assault in a jury trial in a New York state court, counsel was appointed to represent him on appeal. …

U.S. v. Burke, No. 00-10828 (11th Cir.) (257 F.3d 1321) (July 20, 2001) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Burke, No. 00-10828 (11th Cir.) (257 F.3d 1321) (July 20, 2001) (Judge James Larry Edmondson) by This case is noted for its review of an important topic: when does a criminal defendant have the right to make fundamental decisions that affect the course of her criminal proceedings - …

U.S. v. Barrios-Gutierrez, No. 99-10148 (9th Cir.) (255 F.3d 1024) (July 3, 2001) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Barrios-Gutierrez, No. 99-10148 (9th Cir.) (255 F.3d 1024) (July 3, 2001) (Judge Diarmuid F. O'Scannlain) by When the Federal Sentencing Guidelines were enacted into law in 1987, the Sentencing Commission made a number of grandiose promises about how the Guidelines could be counted on to produce “honesty in …

Burdine v. Johnson, No. 99-21034 (5th Cir.) (262 F.3d 336) (August 13, 2001) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Strickland Standard

Burdine v. Johnson, No. 99-21034 (5th Cir.) (262 F.3d 336) (August 13, 2001) (Judge Fortunato P. Benavides) by Ah, the sweet smell of justice in Texas! In this case, a divided en banc court reversed a highly criticized ruling by a three-judge panel last year which reversed a district court’s …

U.S. v. Davis, No. 99-1246 (2nd Cir.) (239 F.3d 283) (February 6, 2001) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Davis, No. 99-1246 (2nd Cir.) (239 F.3d 283) (February 6, 2001) (Judge John M. Jr. Walker) by Two months after he entered a guilty plea to a bribery charge, the defendant in this case moved pro se to withdraw his guilty plea, claiming that he had been coerced …

Mickens v. Taylor, No. 00-4 (4th Cir.) (240 F.3d 348) (February 16, 2001) (Judge H. Emory Jr. Widener)

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

Filed under: Punch And Jurists, Conflict of Interest

Mickens v. Taylor, No. 00-4 (4th Cir.) (240 F.3d 348) (February 16, 2001) (Judge H. Emory Jr. Widener) by

U.S. v. Harrison, No. 99-1642 (2nd Cir.) (241 F.3d 289) (March 5, 2001) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Harrison, No. 99-1642 (2nd Cir.) (241 F.3d 289) (March 5, 2001) (Judge Rosemary S. Pooler) by This case is noted for two reasons: First, the Second Circuit issued another one of those periodic choir calls for the “need to require strict adherence to the provisions of Fed.R.Crim.P. 11" …

U.S. v. Seesing, No. 98-30233 (9th Cir.) (234 F.3d 456) (December 8, 2000) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Seesing, No. 98-30233 (9th Cir.) (234 F.3d 456) (December 8, 2000) (Judge Michael Daly Hawkins) by

U.S. v. Hernandez, No. 99-50011 (5th Cir.) (234 F.3d 252) (November 20, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Hernandez, No. 99-50011 (5th Cir.) (234 F.3d 252) (November 20, 2000) (Per Curiam) by The court held that a plea was not rendered uninformed simply because the defendant was not told his state and federal sentences could run consecutively since to be intelligently made a defendant need only …

Haines v. Kerner, No. 70-5025 (U.S. Supreme Court) (404 U.S. 519; 92 S.Ct. 594) (January 13, 1972) (Per Curiam)

Article • December 12, 2000

Filed under: Punch And Jurists, Pro Se Issues

Haines v. Kerner, No. 70-5025 (U.S. Supreme Court) (404 U.S. 519; 92 S.Ct. 594) (January 13, 1972) (Per Curiam) by In this brief per curiam decision, the Supreme Court held that prisoner's pro se complaint seeking to recover damages for claimed physical injuries and deprivation of rights in imposing disciplinary …

Raineri v. U.S., No. 99-2359 (1st Cir.) (233 F.3d 96) (December 1, 2000) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Pro Se Issues

Raineri v. U.S., No. 99-2359 (1st Cir.) (233 F.3d 96) (December 1, 2000) (Judge Bruce M. Selya) by This is a case that pro se litigants should study because it helps to clarify at least one of the subtle traps that face prisoners who seek habeas relief. The Court phrased …

Burdine v. Johnson, No. 99-21034 (5th Cir.) (231 F.3d 950) (October 27, 2000) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists, Strickland Standard

Burdine v. Johnson, No. 99-21034 (5th Cir.) (231 F.3d 950) (October 27, 2000) (Judge Rhesa Hawkins Barksdale) by Back in 1984, Calvin Burdine was convicted of capital murder for his participation in the stabbing death of his homosexual lover during a robbery. As is so common in America, the person …

Delgado v. Lewis, No. 97-56162 (9th Cir.) (223 F.3d 976) (August 23, 2000) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Strickland Standard

Delgado v. Lewis, No. 97-56162 (9th Cir.) (223 F.3d 976) (August 23, 2000) (Judge Sidney R. Thomas) by On remand from the Supreme Court in light of Smith v. Robbins, 120 S.Ct. 746 (2000), the Ninth Circuit altered its analysis, but not the result, of its prior opinion in this …

U.S. v. Littlejohn, No. 99-50417 (9th Cir.) (224 F.3d 960) (September 11, 2000) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Collateral and Direct Consequences

U.S. v. Littlejohn, No. 99-50417 (9th Cir.) (224 F.3d 960) (September 11, 2000) (Judge Stephen S. Trott) by United States v. Barrios-Gutierrez, 218 F.3d 1118 (9th Cir. 2000) (Judge Fletcher) United States v. Littlejohn, 224 F.3d 960 (9th Cir. 2000) (Judge Trott) Both of these cases raise some surprisingly rare …