Search | Punch and Jurists

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: 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 the Court rejected the defendant's contention that the district court erred in failing to give his theory of defense instruction. It wrote: "A defendant is entitled to an instruction …

U.S. v. Edwards, No. 98-1055 (3rd Cir.) (162 F.3d 87) (November 27, 1998) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Punishment

U.S. v. Edwards, No. 98-1055 (3rd Cir.) (162 F.3d 87) (November 27, 1998) (Judge Marjorie O. Rendell) by Case held that the application of the MVRA to the defendant violated the ex post facto prohibitions of the Constitution since it was not enacted until after the defendant's crimes were committed …

U.S. v. Baum, No. 98 Cr. 841 (DC) (S.D.N.Y.) (32 F.Supp.2d 642) (January 11, 1999) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Baum, No. 98 Cr. 841 (DC) (S.D.N.Y.) (32 F.Supp.2d 642) (January 11, 1999) (Judge Denny Chin) by This is a case that is filled with intrigue. Defendant Harvey Baum, a criminal defense attorney, was charged with obstruction of justice under 18 U.S.C. § 1503, for attempting to set …

U.S. v. Edwards, No. 98-1055 (3rd Cir.) (162 F.3d 87) (November 27, 1998) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)

U.S. v. Edwards, No. 98-1055 (3rd Cir.) (162 F.3d 87) (November 27, 1998) (Judge Marjorie O. Rendell) by The Court observed: "Most of the Courts of Appeals that have considered this question have found that the retrospective application of the MVRA violates the Ex Post Facto Clause because restitution imposed …

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, Racial/Ethnic Bias/Profiling

U.S. v. Leviner, No. 97-10260 (D.Mass.) (31 F.Supp.2d 23) (December 22, 1998) (Judge Nancy Gertner) by This case is noted because it has been called the first decision in the country to grant a downward departure because the defendant's criminal history may have been improperly inflated by racial disparities. In …

U.S. v. Jasin, No. Crim No. 91-602-08 (E.D.Pa.) (25 F.Supp.2d 551) (August 12, 1998) (Judge Jan E. Dubois)

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

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

U.S. v. Jasin, No. Crim No. 91-602-08 (E.D.Pa.) (25 F.Supp.2d 551) (August 12, 1998) (Judge Jan E. Dubois) by The defendant in this case was a manager at International Signal Corporation (ISC), a company that was working on a project to identify and correct certain problems relating to the launching …

U.S. v. Sanders, No. 97-6095 (6th Cir.) (162 F.3d 396) (December 7, 1998) (Judge Paul D. Borman)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Sanders, No. 97-6095 (6th Cir.) (162 F.3d 396) (December 7, 1998) (Judge Paul D. Borman) by In this case the defendant burglarized a pawn shop during which he seized some firearms. There was no allegation that he possessed any firearms when he entered the pawnshop; but his theft …

Lambright v. Stewart, No. 96-99020 (9th Cir.) (191 F.3d 1181) (October 8, 1999) (Judge Ferdinand F. Fernandez)

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

Filed under: Punch And Jurists, Juries - Dual

Lambright v. Stewart, No. 96-99020 (9th Cir.) (191 F.3d 1181) (October 8, 1999) (Judge Ferdinand F. Fernandez) by

U.S. v. Santopietro, No. 97-1373L (2nd Cir.) (166 F.3d 88) (January 22, 1999) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Santopietro, No. 97-1373L (2nd Cir.) (166 F.3d 88) (January 22, 1999) (Judge Jon O. Newman) by Here, based on the Supreme Court's ruling in Salinas, the 2nd Circuit sharply retreated from its prior precedent and held that the Government is not required to prove that "Federal funds" were …

U.S. v. Lynch, No. 97-1092, No. 18 (2nd Cir.) (162 F.3d 732) (December 14, 1998) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists

U.S. v. Lynch, No. 97-1092, No. 18 (2nd Cir.) (162 F.3d 732) (December 14, 1998) (Judge Dennis G. Jacobs) by This case, which attracted a large collection of amici curiae briefs, involved the dismissal of criminal contempt charges against two Roman Catholic clergymen for violating an injunction issued in connection …

U.S. v. Benitez-Meraz, No. 98-1530 (8th Cir.) (161 F.3d 1163) (December 7, 1998) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Benitez-Meraz, No. 98-1530 (8th Cir.) (161 F.3d 1163) (December 7, 1998) (Judge Donald P. Lay) by United States v. Benitez-Meraz, 161 F.3d 1163 (8th Cir. 1998) (Judge Lay) United States v. Neill, 161 F.3d 1219 (9th Cir. 1999) (Judge Trott) Both of these cases also deal with limiting …

Morris v. Slappy, No. 81-1095 (U.S. Supreme Court) (461 U.S. 1; 103 S.Ct. 1610) (April 20, 1983) (Justice Burger)

Article • December 29, 1998

Filed under: Punch And Jurists

Morris v. Slappy, No. 81-1095 (U.S. Supreme Court) (461 U.S. 1; 103 S.Ct. 1610) (April 20, 1983) (Justice Burger) by The case is particularly noted for its holding that the Sixth Amendment does not guarantee a "meaningful relationship" between an accused and his counsel. The Court observed that no court …

Reves v. Ernst & Young, No. 91-886 (U.S. Supreme Court) (507 U.S. 170; 113 S.Ct. 1163) (March 3, 1993) (Justice Blackmun)

Article • December 27, 1998

Filed under: Punch And Jurists, Burden of Proof

Reves v. Ernst & Young, No. 91-886 (U.S. Supreme Court) (507 U.S. 170; 113 S.Ct. 1163) (March 3, 1993) (Justice Blackmun) by The Court held that "the word 'participate' makes clear that RICO liability is not limited to those with primary responsibility for the enterprise's affairs, just as the phrase …

Mitchum v. Foster, No. 70-27 (U.S. Supreme Court) (407 U.S. 225; 92 S.Ct. 2151) (June 19, 1972) (Justice Stewart)

Article • December 23, 1998

Filed under: Punch And Jurists

Mitchum v. Foster, No. 70-27 (U.S. Supreme Court) (407 U.S. 225; 92 S.Ct. 2151) (June 19, 1972) (Justice Stewart) by At page 242 the Court stated: "Congress clearly conceived that it was altering the relationship between the States and the Nation with respect to the protection of federally created rights; …

Ratzlaf v. U.S., No. 92-1196 (U.S. Supreme Court) (510 U.S. 135; 114 S.Ct. 655) (January 11, 1994) (Justice Ginsburg)

Article • December 22, 1998

Filed under: Punch And Jurists, Knowledge of Illegality

Ratzlaf v. U.S., No. 92-1196 (U.S. Supreme Court) (510 U.S. 135; 114 S.Ct. 655) (January 11, 1994) (Justice Ginsburg) by As in the case of Cheek v. United States, 498 U.S. 192 (1991), the court carved out an exception to the general rule that every person is presumed to know …

Pennslyvania v. Mimms, No. 76-1830 (U.S. Supreme Court) (434 U.S. 106; 98 S.Ct. 330) (December 5, 1977) (Per Curiam)

Article • December 15, 1998

Filed under: Punch And Jurists, Searches - Automobile

Pennslyvania v. Mimms, No. 76-1830 (U.S. Supreme Court) (434 U.S. 106; 98 S.Ct. 330) (December 5, 1977) (Per Curiam) by The rule in this case was extended to the passengers of the car as well, in Maryland v. Wilson, 519 U.S. 408 (1997). In this case the Court held that …

Krulewitch v. U.S., No. 143 (U.S. Supreme Court) (336 U.S. 440; 69 S.Ct. 716) (March 28, 2049) (Justice Black)

Article • December 14, 1998

Filed under: Punch And Jurists

Krulewitch v. U.S., No. 143 (U.S. Supreme Court) (336 U.S. 440; 69 S.Ct. 716) (March 28, 2049) (Justice Black) by While the Court reversed a prostitution/conspiracy conviction due to improper admission of hearsay evidence by a co-conspirator, the case is noted for Justice Jackson's brilliant discussion of the evils of …

Richardson v. Morris, No. 76-603 (U.S. Supreme Court) (409 U.S. 464; 93 S.Ct. 629) (January 15, 1973) (Per Curiam)

Article • December 13, 1998

Filed under: Punch And Jurists, Tucker Act

Richardson v. Morris, No. 76-603 (U.S. Supreme Court) (409 U.S. 464; 93 S.Ct. 629) (January 15, 1973) (Per Curiam) by Case held that the Tucker Act plainly gives district courts jurisdiction over claims against the United States for money damages of less than $10,000 that are "founded . . . …

Federal Deposit Ins. Corp. v. Meyer, No. 92-741 (U.S. Supreme Court) (510 U.S. 471; 114 S.Ct. 996) (February 23, 1994) (Justice Thomas)

Article • December 13, 1998

Filed under: Punch And Jurists, Bivens Actions

Federal Deposit Ins. Corp. v. Meyer, No. 92-741 (U.S. Supreme Court) (510 U.S. 471; 114 S.Ct. 996) (February 23, 1994) (Justice Thomas) by In this case the Court reasoned that it had implied a cause of action against the officials in Bivens v. Six Unknown Named Agents of the Fed. …

U.S. v. Krilich, No. 97-2721 (7th Cir.) (159 F.3d 1020) (October 27, 1998) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Krilich, No. 97-2721 (7th Cir.) (159 F.3d 1020) (October 27, 1998) (Judge Frank H. Easterbrook) by [Editor's Note: For another case in accord with this decision, see U.S. v. Burch, 156 F.3d 1315, 1320-22 (D.C. Cir. 1998). But see also U.S. v. Duffy, 133 F.Supp.2d 213, 216 (E.D.N.Y. …