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Article • October 1, 1998 • from P&J October, 1998
Fraternal Order of Police v. U.S., No. 97-5304 (D.C. Cir.) (152 F.3d 998) (August 28, 1998) (Judge Stephen F. Williams) by QUOTE OF THE WEEK - The dangers of discriminatory and unreasonable laws. "I regard it as a salutary doctrine that cities, states and the Federal Government must exercise their …
Article • October 1, 1998 • from P&J October, 1998
Filed under: Punch And Jurists
U.S. v. Huguenin, No. 97-5152 (6th Cir.) (154 F.3d 547) (October 19, 1997) (Judge Leroy J. Jr. Contie) by QUOTE OF THE WEEK - The dangers of allowing our precious heritage to be ripped apart by "the sound and fury of our time." "Lincoln said this Nation was 'conceived in …
Article • October 1, 1998 • from P&J October, 1998
U.S. v. Comstock, No. 97-4399 (8th Cir.) (154 F.3d 845) (September 3, 1998) (Judge David R. Hansen) by Case held that the sentencing court's use of a subsequent version of the Guidelines, rather than the version in effect when the defendant committed his crime, violated the Ex Post Facto Clause …
Article • September 15, 1998
Shotwell Mfgr. Co. v. U.S., No. 16 (U.S. Supreme Court) (371 U.S. 341; 83 S.Ct. 448) (January 14, 2063) (Justice Harlan) by Although the Court held that, under the Fifth Amendment, evidence of guilt induced by a government promise of immunity is coerced evidence and may not be used against …
Article • September 1, 1998 • from P&J September, 1998
Filed under: Punch And Jurists, Contempt
U.S. v. Marquardo, No. 97-1486 (1st Cir.) (149 F.3d 36) (July 17, 1998) (Judge Juan R. Torruella) by This case is noted for its discussion of the Government's power to incarcerate a witness for civil contempt for refusing to testify before a grand jury, and then later prosecuting the same …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Snell, No. 97-41147 (5th Cir.) (152 F.3d 345) (August 19, 1998) (Judge E. Grady Jolly) by In support of its decision, the Court cited 18 USC § 201(a)(1) which defines a "public official" to include a "juror.". Case held that a juror was a "government official holding a …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Mound, No. 97-4162 (8th Cir.) (149 F.3d 799) (July 9, 1998) (Judge Richard S. Arnold) by Here the 8th Circuit rejected a broad constitutional challenge to Rule 413 which permits the admission into evidence of details pf a defendant's past sex offenses.
Article • September 1, 1998 • from P&J September, 1998
Filed under: Punch And Jurists, Seizure
U.S. v. Washington, No. 97-2146 (11th Cir.) (151 F.3d 1354) (August 28, 1998) (Judge Paul H. Roney) by Case held that the circumstances of a bus search, conducted in cramped quarters, was consciously designed to take full advantage of a coercive environment, and violated the 4th Amendment's prohibitions against unreasonable …
Article • September 1, 1998 • from P&J September, 1998
Schneider v. California Dept. of Corrections, No. 97-15820 (9th Cir.) (151 F.3d 1194) (September 4, 1998) (Judge Diarmuid F. O'Scannlain) by Case held that prisoners held a constitutionally cognizable propert interest to interest earned on funds deposited in unmate trust accounts to trigger a violation of the Fifth Amendment's taking …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Bloom, No. 98-1361 (7th Cir.) (149 F.3d 649) (July 13, 1998) (Judge Frank H. Easterbrook) by United States v. Woodward, 149 F.3d 46 (1st Cir. 1998) (Judge Bownes) United States v. Bloom, 149 F.3d 649 (7th Cir. 1998) (Judge Easterbrook) It is sometimes almost amusing to watch the …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Truesdale, No. 97-10773 (5th Cir.) (152 F.3d 443) (August 24, 1998) (Judge Will L. Garwood) by Court reversed gambling convictions due to lack of evidence that defendants engaged in illegal bookmaking in Texas, where facts showed that bookmaking portion of their business occurred in Jamaica and the Dominican …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Meyer, No. 96-4230 (7th Cir.) (149 F.3d 535) (June 23, 1998) (Judge Harlington Jr. Wood) by Court held that the district court erred in failing to give a requested buyer-seller instruction to the jury in the case of one defendant which required reversal of his conviction. Here the …
Article • September 1, 1998 • from P&J September, 1998
Glover v. Johnson, No. 77-CV-71229 (E.D.Mich.) (9 F.Supp.2d 799) (July 23, 1998) (Judge John Feikens) by For more detailed summaries of this case, see prior decisions reported at 957 F.Supp. 110 and 138 F.3d 229; and subsequent decision reported at 35 F.Supp.2d 1010. In a follow-up to its prior rulings, …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Thomas, No. 97-1738 (7th Cir.) (150 F.3d 743) (July 23, 1998) (Per Curiam) by United States v. Flores, 149 F.3d 1272 (10th Cir. 1998) (Judge Ebel) United States v. Thomas, 150 F.3d 743 (7th Cir. 1998) (Per Curiam) Both of these cases deal with the so-called "buyer-seller rule", …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Hall, No. 96-10178 (5th Cir.) (152 F.3d 381) (August 21, 1998) (Judge Carolyn Dineen King) by In this case the Court examined, at length, the common-law right of allocution. Among the many issues decided in this case, the Court held that a defendant does not have a right …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Doe, No. 97-10307 (9th Cir.) (149 F.3d 945) (July 7, 1998) (Judge Stephen S. Trott) by Case held that conditional release to a halfway house was not "detention" within meaning of speedy trial provision of Federal Juvenile Deliquency Act requiring Government to bring him to trial within 30 …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Davis, No. 97-6188 (10th Cir.) (151 F.3d 1304) (August 12, 1998) (Judge Paul J. Jr. Kelly) by This case is noted because it is the first Court of Appeals decision that we have seen to discuss whether the Probation Office's practice of initiating revocation proceedings is without statutory …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Flores, No. 96-1152 (10th Cir.) (149 F.3d 1272) (August 4, 1998) (Judge David M. Ebel) by United States v. Flores, 149 F.3d 1272 (10th Cir. 1998) (Judge Ebel) United States v. Thomas, 150 F.3d 743 (7th Cir. 1998) (Per Curiam) Both of these cases deal with the so-called …
Article • September 1, 1998 • from P&J September, 1998
Filed under: Punch And Jurists
U.S. v. Garrett, No. 96-50609 (9th Cir.) (149 F.3d 1018) (July 16, 1998) (Judge Stephen Reinhardt) by Case held that district court abused its discretion by denying defendant a one-month continuance so his newly retained counsel could adequately prepare for trial. In this case, the district court(Judge Huff) granted the …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Bennett, No. Crim. A. 96-503 (E.D.Pa.) (9 F.Supp.2d 513) (May 27, 1998) (Judge Edmund V. Ludwig) by In this case, Judge Bennett granted a 91 month downward departure (from a Guidelines sentencing range of 235 months to 144 months) based on a combination of (a) the defendant's exceptional …
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