Search | Punch and Jurists

U.S. v. Bacallao, No. 98-1443 (7th Cir.) (149 F.3d 717) (July 24, 1998) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Bacallao, No. 98-1443 (7th Cir.) (149 F.3d 717) (July 24, 1998) (Judge Daniel A. Manion) by This case is a good reminder of another important limitation on the use of uncharged relevant conduct to enhance a defendant's sentence - namely the so-called "aggregation rule" which permits a sentencing …

U.S. v. Askari, No. 95-1662 (3rd Cir.) (151 F.3d 131) (August 7, 1998) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Non-violent offenses

U.S. v. Askari, No. 95-1662 (3rd Cir.) (151 F.3d 131) (August 7, 1998) (Judge Edward R. Becker) by The most significant aspect of this case is its reference to proposed Guideline Amendment 583 which is designed to refine and clarify the standard for determining "non-violent" offenses in order to resolve …

U.S. v. Doe, No. 97-2916 (7th Cir.) (149 F.3d 634) (July 13, 1998) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Drug Dealer/Courier Profile

U.S. v. Doe, No. 97-2916 (7th Cir.) (149 F.3d 634) (July 13, 1998) (Judge Joel L. Flaum) by Case rejected claim that the admission into evidence of drug dealer profile evidence was so prejudicial that it warranted exclusion, despite acknowledging the inherent prejudicial nature of such evidence and testimony. This …

Camilo-Robles v. Hoyos, No. 97-2260 (1st Cir.) (151 F.3d 1) (June 29, 1998) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Camilo-Robles v. Hoyos, No. 97-2260 (1st Cir.) (151 F.3d 1) (June 29, 1998) (Judge Bruce M. Selya) by This decision contains a detailed look at the legal landscape of qualified immunity and supervisory liability in civil rights cases; but its opening paragraph suggests that the reader is about to embark …

U.S. v. Vavages, No. 97-10394 (9th Cir.) (151 F.3d 1185) (August 3, 1998) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists

U.S. v. Vavages, No. 97-10394 (9th Cir.) (151 F.3d 1185) (August 3, 1998) (Judge Cynthia Holcomb Hall) by We all know it happens - far too often. The trouble is that when a prosecutor intimidates a prospective defense witness into not testifying, there is usually little that can be done. …

Armstrong v. Squadrito, No. 97-2569 (7th Cir.) (152 F.3d 564) (July 24, 1998) (Judge Terrence T. Evans)

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

Filed under: Due Process, Punch And Jurists

Armstrong v. Squadrito, No. 97-2569 (7th Cir.) (152 F.3d 564) (July 24, 1998) (Judge Terrence T. Evans) by In this case the Court concluded that a plaintiff's Fourth Amendment claim "drops ourt of the case" when his arrest is pursuant to a valid warrant because the Fourth Amendment "governs the …

U.S. v. Gabourel, No. 98-CR-29-B (D.Colo.) (9 F.Supp.2d 1246) (August 17, 1998) (Judge Lewis T. Babcock)

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

Filed under: Punch And Jurists

U.S. v. Gabourel, No. 98-CR-29-B (D.Colo.) (9 F.Supp.2d 1246) (August 17, 1998) (Judge Lewis T. Babcock) by Here the Court wholly agreed with Judge Matsch's decision in U.S. v. Dunlap, 17 F.Supp.2d 1183, in which he held that the Singleton ruling was "wholly inconsistent with the congressionally authorized practice of …

U.S. v. Harris, No. 96-10416 (9th Cir.) (154 F.3d 1082) (September 9, 1998) (Judge Charles E. Wiggins)

Article • September 1, 1998 • from P&J October, 1998

Filed under: Punch And Jurists, Cruel and Unusual Punishment

U.S. v. Harris, No. 96-10416 (9th Cir.) (154 F.3d 1082) (September 9, 1998) (Judge Charles E. Wiggins) by Although the Court held that it was bound by precedent to affirm a sentence of 95 years, it issued a strong call to Congress to amend the mandatory minimum laws to give …

Kronisch v. U.S., No. 97-6116 (2nd Cir.) (150 F.3d 112) (July 9, 1998) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists

Kronisch v. U.S., No. 97-6116 (2nd Cir.) (150 F.3d 112) (July 9, 1998) (Judge Jose A. Cabranes) by Shocking case in which a Federal Tort Claim was dismissed as untimely because the plaintiff failed to commence lawsuit until after the court, without a hearing, concluded that he must have known …

U.S. v. Doe, No. 97-2916 (7th Cir.) (149 F.3d 634) (July 13, 1998) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. Doe, No. 97-2916 (7th Cir.) (149 F.3d 634) (July 13, 1998) (Judge Joel L. Flaum) by In this case the Court expressed strong reservations about using "group character evidence" from which the jury could conclude that the defendant is guilty based on his membership in some nefarious group …

U.S. v. Wilson, No. 97-2122 (11th Cir.) (149 F.3d 1298) (August 13, 1998) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Improper Comments

U.S. v. Wilson, No. 97-2122 (11th Cir.) (149 F.3d 1298) (August 13, 1998) (Judge James Larry Edmondson) by This case addresses an all-too familiar problem: what can, or should, the courts do to deal with prosecutorial misconduct in the form of persistent improper comments in cases where there is overwhelming …

U.S. v. Bacallao, No. 98-1443 (7th Cir.) (149 F.3d 717) (July 24, 1998) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Bacallao, No. 98-1443 (7th Cir.) (149 F.3d 717) (July 24, 1998) (Judge Daniel A. Manion) by This case is a good reminder of another important limitation on the use of uncharged relevant conduct to enhance a defendant's sentence - namely the so-called "aggregation rule" which permits a sentencing …

Taylor v. Singletary, No. 94-4931 (11th Cir.) (148 F.3d 1276) (August 5, 1998) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists

Taylor v. Singletary, No. 94-4931 (11th Cir.) (148 F.3d 1276) (August 5, 1998) (Judge Gerald B. Tjoflat) by Case held that the State was not bound by an informal immunity agreement between the defendant and federal officials, and ruled that such testimony cannot be considered "compelled".

Royce v. Hahn, No. 97-3266 (3rd Cir.) (151 F.3d 116) (August 5, 1998) (Judge Joseph F. Jr. Weis)

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

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

Royce v. Hahn, No. 97-3266 (3rd Cir.) (151 F.3d 116) (August 5, 1998) (Judge Joseph F. Jr. Weis) by Case held that a conviction for possession of firearms by a convicted felon is not a "crime of violence" within the scope of the statute requiring prison officials to notify local …

Madrid v. Gomez, No. 96-17277 (9th Cir.) (150 F.3d 1030) (July 2, 1998) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists

Madrid v. Gomez, No. 96-17277 (9th Cir.) (150 F.3d 1030) (July 2, 1998) (Judge Diarmuid F. O'Scannlain) by Quote from Judge Henderson's astonishing and disturbing decision reported at 889 F.Supp. 1146 about prison conditions at California's newest prison, Pelican Bay. QUOTE OF THE WEEK - Life at Pelican Bay - …

U.S. v. Bouyea, No. 97-1169 (2nd Cir.) (152 F.3d 192) (August 10, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Affecting a Financial Institution

U.S. v. Bouyea, No. 97-1169 (2nd Cir.) (152 F.3d 192) (August 10, 1998) (Per Curiam) by Case held that the defendant's defrauding of a financial institution's wholly-owned subsidiary "affected a financial institution within the meaning of the 10-year statute of limitations even though subsidiary was not itself a financial institution.

Cohen v. U.S., No. 97-8737 (11th Cir.) (151 F.3d 1338) (August 26, 1998) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Federal Tort Claims Act (FTCA)

Cohen v. U.S., No. 97-8737 (11th Cir.) (151 F.3d 1338) (August 26, 1998) (Judge Edward E. Carnes) by While incarcerated at a minimum security federal prison, plaintiff William Cohen was injured when he was attacked by another inmate. (Cohen was watching television in a common area of his prison, when …

Thompson v. Calderon, No. 97-99018 (9th Cir.) (151 F.3d 918) (July 11, 1998) (Judge Proctor Jr. Hug)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

Thompson v. Calderon, No. 97-99018 (9th Cir.) (151 F.3d 918) (July 11, 1998) (Judge Proctor Jr. Hug) by Case is noted for Judge Reinhardt's dissent in which he complained that the Supreme Court's intervening decision would result in the execution of a man who was convicted and sentenced in a …

Underwood v. Wilson, No. 97-40536 (5th Cir.) (151 F.3d 292) (August 14, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Underwood v. Wilson, No. 97-40536 (5th Cir.) (151 F.3d 292) (August 14, 1998) (Per Curiam) by Here, the Fifth Circuit held that the administrative exhaustion provision of 42 U.S.S. § 1997e(a) does not impose exhaustion of administrative remedies as a prerequisite to jurisdiction - a position also adopted by the …

Camilo-Robles v. Hoyos, No. 97-2260 (1st Cir.) (151 F.3d 1) (June 29, 1998) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Camilo-Robles v. Hoyos, No. 97-2260 (1st Cir.) (151 F.3d 1) (June 29, 1998) (Judge Bruce M. Selya) by This decision contains a detailed look at the legal landscape of qualified immunity and supervisory liability in civil rights cases; but its opening paragraph suggests that the reader is about to embark …