Search | Punch and Jurists

U.S. v. Moreno-Chaparro, No. 97-50641 (5th Cir.) (157 F.3d 298) (September 30, 1998) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Moreno-Chaparro, No. 97-50641 (5th Cir.) (157 F.3d 298) (September 30, 1998) (Judge Henry A. Politz) by Court reversed conviction on the grounds that the Border Patrol did not have reasonable grounds to believe that the defendant had crossed the border, and thus the stop of defendant's vehicle violated …

U.S. v. Martinez-Martinez, No. 97-50340 (9th Cir.) (156 F.3d 936) (September 14, 1998) (Judge Stephen Reinhardt)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Martinez-Martinez, No. 97-50340 (9th Cir.) (156 F.3d 936) (September 14, 1998) (Judge Stephen Reinhardt) by In this case the Court analyzed the meaning of the phrase "about to complete" all acts necessary for the commission of a crime under USSG § 2X1.1(b)(2), and held that the district court …

U.S. v. Casey, No. 97-4222 (8th Cir.) (158 F.3d 993) (October 21, 1998) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Casey, No. 97-4222 (8th Cir.) (158 F.3d 993) (October 21, 1998) (Judge C. Arlen Beam) by In this case the Court explored the meaning of "atypical case" as used in USSG § 1B1.2(a) and, while it held that this was not an "atypical case", it also held that …

U.S. v. Casey, No. 97-4222 (8th Cir.) (158 F.3d 993) (October 21, 1998) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Atypical conduct

U.S. v. Casey, No. 97-4222 (8th Cir.) (158 F.3d 993) (October 21, 1998) (Judge C. Arlen Beam) by The defendant in this case was charged with bank theft, counterfeiting and access device fraud. He ultimately pled guilty, although there was no written plea agreement. He was sentenced under the Guideline …

U.S. v. Askari, No. 95-1662 (3rd Cir.) (159 F.3d 774) (November 5, 1998) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Askari, No. 95-1662 (3rd Cir.) (159 F.3d 774) (November 5, 1998) (Judge Edward R. Becker) by Based on Guideline Amendment 583, the Court reversed its prior en banc decision and held that a defendant who held his finger under his shirt to resemble a gun during a bank …

U.S. v. Stockheimer, No. 97-1939 (7th Cir.) (157 F.3d 1082) (September 28, 1998) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Stockheimer, No. 97-1939 (7th Cir.) (157 F.3d 1082) (September 28, 1998) (Judge Richard D. Cudahy) by The Court acknowledged that some Circuits have taken the position that an intended loss is not the appropriate criterion in cases "in which the total economic loss bore no relation to 'ecomomic …

U.S. v. Meyer, No. 96-4230 (7th Cir.) (157 F.3d 1067) (September 10, 1998) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Meyer, No. 96-4230 (7th Cir.) (157 F.3d 1067) (September 10, 1998) (Judge Harlington Jr. Wood) by Here the Court held that sentencing a defendant for first degree murder, even though the jury only convicted him of conspiring to distribute narcotics, did not violate his rights to due process. …

Alexander v. Hawk, No. 96-3752 (11th Cir.) (159 F.3d 1321) (November 5, 1998) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Alexander v. Hawk, No. 96-3752 (11th Cir.) (159 F.3d 1321) (November 5, 1998) (Judge Frank May Hull) by Departing from the precedents in most of the other Circuits, the Eleventh Circuit held, in this case, that the Prison Litigation Reform Act (the PLRA) requires prisoners to exhaust all administrative remedies …

Stump v. Sparkman, No. 76-1750 (U.S. Supreme Court) (435 U.S. 349; 98 S.Ct. 1099) (February 28, 1978) (Justice White)

Article • October 31, 1998

Filed under: Punch And Jurists, Immunity - Judicial

Stump v. Sparkman, No. 76-1750 (U.S. Supreme Court) (435 U.S. 349; 98 S.Ct. 1099) (February 28, 1978) (Justice White) by Here the Court held that State law vested in the Circuit Judge the power to entertain and act upon a petition for sterilization, and he was, therefore, immune from damages …

Estes v. Texas, No. 256 (U.S. Supreme Court) (381 U.S. 532; 85 S.Ct. 1628) (June 7, 2065) (Justice Clark)

Article • October 26, 1998

Filed under: Punch And Jurists, Publicity - Prejudicial

Estes v. Texas, No. 256 (U.S. Supreme Court) (381 U.S. 532; 85 S.Ct. 1628) (June 7, 2065) (Justice Clark) by A plurality of judges held that the televising over petitioner's objections of the courtroom proceedings of his criminal trial, in which there was widespread public interest, was inherently invalid as …

Mu'Min v. Virginia, No. 90-5193 (U.S. Supreme Court) (500 U.S. 415; 111 S.Ct. 1899) (May 20, 1991) (Justice Rehnquist)

Article • October 26, 1998

Filed under: Punch And Jurists, Publicity - Prejudicial

Mu'Min v. Virginia, No. 90-5193 (U.S. Supreme Court) (500 U.S. 415; 111 S.Ct. 1899) (May 20, 1991) (Justice Rehnquist) by In this case, the defendant challenged the trial court's refusal to question prospective jurors about the specific contents of publications about the defendant to which they had been exposed. The …

Barefoot v. Estelle, No. 82-6080 (U.S. Supreme Court) (463 U.S. 880; 103 S.Ct. 3383) (July 6, 1983) (Justice White)

Article • October 11, 1998

Filed under: Punch And Jurists

Barefoot v. Estelle, No. 82-6080 (U.S. Supreme Court) (463 U.S. 880; 103 S.Ct. 3383) (July 6, 1983) (Justice White) by Case established procedural guidelines for handling requests for stays of execution pursuant to a certificate of probable cause. Case established procedural guidelines for handling applications for stays of execution on …

Lozada v. Deeds, No. 90-5393 (U.S. Supreme Court) (498 U.S. 430; 111 S.Ct. 860) (February 19, 1991) (Per Curiam)

Article • October 11, 1998

Filed under: Punch And Jurists

Lozada v. Deeds, No. 90-5393 (U.S. Supreme Court) (498 U.S. 430; 111 S.Ct. 860) (February 19, 1991) (Per Curiam) by In this case the Supreme Court held that the Court of Appeals had erred in denying petitioner's request for a certificate of probable cause because, under the standards set forth …

U.S. v. Williams, No. 97-4296 (6th Cir.) (154 F.3d 655) (September 10, 1998) (Judge Eugene E. Jr. Siler)