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U.S. v. Whitehead, No. 99-50200 (9th Cir.) (200 F.3d 634) (January 11, 2000) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Whitehead, No. 99-50200 (9th Cir.) (200 F.3d 634) (January 11, 2000) (Judge Kim McLane Wardlaw) by Combs v. Coyle, 205 F.3d 269 (6th Cir. 2/23/00) (Judge Moore) United States v. Whitehead, 200 F.3d 634 (9th Cir. 2000) (Judge Wardlaw) Both of these cases deal with the ever-encroaching danger …

Combs v. Coyle, No. 97-4369 (6th Cir.) (205 F.3d 269) (February 23, 2000) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

Combs v. Coyle, No. 97-4369 (6th Cir.) (205 F.3d 269) (February 23, 2000) (Judge Karen Nelson Moore) by Here the Sixth Circuit held that prosecutorial comment on a defendant’s pre-arrest silence violates his rights under the Self-Incrimination Clause, an issue on which the Circuits are radically divided. Combs v. Coyle, …

U.S. v. Tuitt, No. CR. 98-30048 (D.Mass.) (68 F.Supp.2d 4) (September 10, 1999) (Judge Magistrate)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Tuitt, No. CR. 98-30048 (D.Mass.) (68 F.Supp.2d 4) (September 10, 1999) (Judge Magistrate) by Shortly after the advent of the crack-cocaine laws, the courts began to become deluged with claims that the Government was targeting minority groups through selective prosecution tactics. Then, in 1996, the Supreme Court set …

Lakeside v. Oregon, No. 76-6942 (U.S. Supreme Court) (435 U.S. 333; 98 S.Ct. 1091) (March 22, 1978) (Justice Stewart)

Article • October 16, 1999

Filed under: Punch And Jurists, Comments on Defendant's Silence

Lakeside v. Oregon, No. 76-6942 (U.S. Supreme Court) (435 U.S. 333; 98 S.Ct. 1091) (March 22, 1978) (Justice Stewart) by The Court ruled that the instruction does not improperly "comment" on the defendant's invocation of his constitutional rights. The Court reasoned that the very purpose of the instruction was "to …

U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones) by This case was first noted in the 5/11/98 issue of P&J, when we discussed the court's earlier noteworthy ruling in U.S. v. Coleman, 138 F.3d 616 (6th Cir. 1998) (Coleman I). In …

U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones) by This case was first noted in the 5/11/98 issue of P&J, when we discussed the court's earlier noteworthy ruling in U.S. v. Coleman, 138 F.3d 616 (6th Cir. 1998) (Coleman I). In …

Osborn v. U.S., No. 29 (U.S. Supreme Court) (385 U.S. 323; 87 S.Ct. 429) (December 12, 2066) (Justice Stewart)

Article • July 8, 1999

Filed under: Punch And Jurists, Prosecutorial Misconduct

Osborn v. U.S., No. 29 (U.S. Supreme Court) (385 U.S. 323; 87 S.Ct. 429) (December 12, 2066) (Justice Stewart) by This case is particularly noted for Justice Douglas' dissent, which covered the decision in this case, as well as the Court's decisions in Lewis v. U.S., 385 U.S. 206, and …

U.S. v. Padilla, No. 98-1411 (2nd Cir.) (186 F.3d 136) (July 14, 1999) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Padilla, No. 98-1411 (2nd Cir.) (186 F.3d 136) (July 14, 1999) (Judge John R. Gibson) by Here the Court held that the district court erred in allowing the Government to withdraw its § 5K1.1 motion after the defendant was convicted of a new crime, because it had not …

U.S. v. Sanchez, No. 97-30002 (9th Cir.) (176 F.3d 1214) (June 1, 1999) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Improper Comments

U.S. v. Sanchez, No. 97-30002 (9th Cir.) (176 F.3d 1214) (June 1, 1999) (Judge Arthur L. Alarcon) by Here the Court reversed a conviction because it found that the prosecutor had committed at least six different types of prosecutorial misconduct "in an effort to destroy the defendant's credibility and in …

U.S. v. Marshall, No. 97-2699 (11th Cir.) (173 F.3d 1312) (April 26, 1999) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Marshall, No. 97-2699 (11th Cir.) (173 F.3d 1312) (April 26, 1999) (Judge Gerald B. Tjoflat) by United States v. Sanchez, 176 F.3d 1214 (9th Cir. 1999) (Judge Alarcon) United States v. Marshall, 173 F.3d 1312 (11th Cir. 1999) (Judge Tjoflat) These two cases present a rare doubleheader: In …

U.S. v. Gross, No. CR 97-1178 ABC (C.D.Cal.) (41 F.Supp.2d 1096) (April 12, 1999) (Judge Audrey B. Collins)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Gross, No. CR 97-1178 ABC (C.D.Cal.) (41 F.Supp.2d 1096) (April 12, 1999) (Judge Audrey B. Collins) by Here the Court held that a prosecutor's knowing violation of a specific provision of the U.S. Attorney's Manual which requires disclosure of substantial exculpatory materials to the grand jury does not …

Scheer v. U.S Dept. of Justice, No. Civ.A. 98-1613(RMU) (D.D.C.) (35 F.Supp.2d 9) (January 28, 1999) (Judge Ricardo M. Urbina)

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

Filed under: Punch And Jurists, Office of Professional Responsibility (OPR)

Scheer v. U.S Dept. of Justice, No. Civ.A. 98-1613(RMU) (D.D.C.) (35 F.Supp.2d 9) (January 28, 1999) (Judge Ricardo M. Urbina) by QUOTE OF THE WEEK - The perpetual enigma of the Office of Professional Responsibility. In 1996, investigative writer David Burnham wrote a book entitled "Above the Law: Secret Deals, …

U.S. v. Francis, No. 97-1129 (6th Cir.) (170 F.3d 546) (February 25, 1999) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, Improper Comments

U.S. v. Francis, No. 97-1129 (6th Cir.) (170 F.3d 546) (February 25, 1999) (Judge Boyce F. Jr. Martin) by This is an extremely rare case in which the Court vacated a conviction and granted a new trial because of the cumulative effect of a series of improper comments and arguments …

New York Crim. Bar Ass'n v. Newton, No. 98 Civ. 4128(SHS) (S.D.N.Y.) (33 F.Supp.2d 289) (January 13, 1999) (Judge Sidney H. Stein)

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

Filed under: Punch And Jurists, Forum/Judge Shopping

New York Crim. Bar Ass'n v. Newton, No. 98 Civ. 4128(SHS) (S.D.N.Y.) (33 F.Supp.2d 289) (January 13, 1999) (Judge Sidney H. Stein) by Justice - KGB style? One of the most disturbing features of the criminal justice system is that, far too often, to defeat a criminal charge, a defendant …

U.S. v. Jones, No. 3:98cr221 (E.D.Va.) (36 F.Supp.2d 304) (January 26, 1999) (Judge Richard L. Williams)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Jones, No. 3:98cr221 (E.D.Va.) (36 F.Supp.2d 304) (January 26, 1999) (Judge Richard L. Williams) by Here the Court rejected a claim of racial discrimination that arose from the state prosecutor's practice of referring all criminal cases involving guns to federal authorities, where the jury-pool make-up contained significantly less …

Stern v. Massachusetts Supreme Judicial Court, No. Civ. No. 98-cv-10896-B (D.Me.) (184 F.R.D. 10) (January 20, 1999) (Judge Morton A. Brody)

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

Filed under: Punch And Jurists, Ethical Restraints

Stern v. Massachusetts Supreme Judicial Court, No. Civ. No. 98-cv-10896-B (D.Me.) (184 F.R.D. 10) (January 20, 1999) (Judge Morton A. Brody) by This is a timely and important case which gives credence to the oft-repeated claim that the Department of Justice is above the law - and that it will …

U.S. v. Leviner, No. 97-10260 (D.Mass.) (31 F.Supp.2d 23) (December 22, 1998) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Leviner, No. 97-10260 (D.Mass.) (31 F.Supp.2d 23) (December 22, 1998) (Judge Nancy Gertner) by Collection of quotes about the "unconscious racism" that permeates the American criminal justice system. QUOTE OF THE WEEK - The role of "unconscious racism" in the American criminal justice system. "It is unnecessary in …

U.S. v. Sanchez-Lima, No. 97-50146 (9th Cir.) (161 F.3d 545) (August 19, 1998) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Criticism of Government

U.S. v. Sanchez-Lima, No. 97-50146 (9th Cir.) (161 F.3d 545) (August 19, 1998) (Judge Alfred T. Goodwin) by We conclude our round-up of notable year-end cases dealing with prosecutorial misconduct by including the instant case. At its best, it is a revealing reminder of the fawning and solicitous deference too …

U.S. v. Sanchez-Lima, No. 97-50146 (9th Cir.) (161 F.3d 545) (December 11, 1998) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Criticism of Government

U.S. v. Sanchez-Lima, No. 97-50146 (9th Cir.) (161 F.3d 545) (December 11, 1998) (Judge Alfred T. Goodwin) by Case is noted for the willingness of the courts to pamper the prosecutors by deleting from the final version of its decision all reference to the name of the individual prosecutor who …

U.S. v. Jones, No. 97-2176 (8th Cir.) (160 F.3d 473) (November 17, 1998) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Jones, No. 97-2176 (8th Cir.) (160 F.3d 473) (November 17, 1998) (Judge Roger L. Wollman) by This case deals with disproportionate sentences that result from the plea bargaining process; but here the Eighth Circuit looked at the issues raised in a decidedly different manner than the First Circuit …