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Berryman v. Rieger, No. 96-2337 (6th Cir.) (150 F.3d 561) (July 6, 1998) (Judge Gilbert S. Merritt)
Article • September 1, 1998 • from P&J September, 1998
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Berryman v. Rieger, No. 96-2337 (6th Cir.) (150 F.3d 561) (July 6, 1998) (Judge Gilbert S. Merritt) by In this case the Court denied qualified immunity to a prison doctor and prison nurses who, by appealing, had unnecessarily protracted the litigation by three and a half years.
Wisconsin v. Constantineau, No. 95 (U.S. Supreme Court) (400 U.S. 433; 91 S.Ct. 507) (January 19, 1971) (Justice Douglas)
Article • August 25, 1998
Filed under: Due Process, Punch And Jurists
Wisconsin v. Constantineau, No. 95 (U.S. Supreme Court) (400 U.S. 433; 91 S.Ct. 507) (January 19, 1971) (Justice Douglas) by But see Paul v. Davis, 424 U.S. 693 (1976) where the Court established the "stigma plus" test, I.e., harm to reputation must be accompanied by some other impediment to establish …
Steagald v. U.S., No. 79-6777 (U.S. Supreme Court) (451 U.S. 204; 101 S.Ct. 1642) (April 21, 1981) (Justice Marshall)
Article • August 23, 1998
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
Steagald v. U.S., No. 79-6777 (U.S. Supreme Court) (451 U.S. 204; 101 S.Ct. 1642) (April 21, 1981) (Justice Marshall) by Here the Court firmly held that absent exigent circumstances or consent, a home may not be searched without a warrant. The narrow issue before the Court was whether an arrest …
Liljeberg v. Health Services Acquisition Corp., No. 86-957 (U.S. Supreme Court) (486 U.S. 847; 108 S.Ct. 2194) (June 17, 1988) (Justice Stevens)
Article • August 10, 1998
Filed under: Recusal, Punch And Jurists
Liljeberg v. Health Services Acquisition Corp., No. 86-957 (U.S. Supreme Court) (486 U.S. 847; 108 S.Ct. 2194) (June 17, 1988) (Justice Stevens) by Here the Court held that a party must establish, first, the risk if injustice to the parties in the particular case; second, the risk that denial of …
Abel v. U.S., No. 2 (U.S. Supreme Court) (362 U.S. 217; 80 S.Ct. 683) (March 28, 2060) (Justice Frankfurter)
Article • August 7, 1998
Filed under: Punch And Jurists, Abandoned Property
Abel v. U.S., No. 2 (U.S. Supreme Court) (362 U.S. 217; 80 S.Ct. 683) (March 28, 2060) (Justice Frankfurter) by Case held that a search, without a warrant, of articles that had been abandoned was permissible under the Fourth Amendment.
Johnson v. Avery, No. 40 (U.S. Supreme Court) (393 U.S. 483; 89 S.Ct. 747) (February 24, 1969) (Justice Fortas)
Article • August 3, 1998
Filed under: Punch And Jurists, Prison Conditions
Johnson v. Avery, No. 40 (U.S. Supreme Court) (393 U.S. 483; 89 S.Ct. 747) (February 24, 1969) (Justice Fortas) by Case held that unless the State provides some reasonable alternative to assist inmates in their legal work, it cannot validly enforce a regulation barring inmates from furnishing such assistance to …
U.S. v. Erving L., No. 97-2256 (10th Cir.) (147 F.3d 1240) (June 26, 1998) (Judge Michael R. Murphy)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Voluntary Nature/Voluntariness
U.S. v. Erving L., No. 97-2256 (10th Cir.) (147 F.3d 1240) (June 26, 1998) (Judge Michael R. Murphy) by This revealing decision is one of a number of recent rulings that have emphasized the growing evolutionary changes in the judicial view of the concept of "voluntariness" in confessions. Historically, the …
U.S. v. Porter, No. 97-1751 (7th Cir.) (145 F.3d 897) (May 14, 1998) (Judge Ilana Diamond Rovner)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Loss - Calculation/Determination of
U.S. v. Porter, No. 97-1751 (7th Cir.) (145 F.3d 897) (May 14, 1998) (Judge Ilana Diamond Rovner) by Case held that "loss", for sentencing purposes, can include amounts that the defendant stockbroker falsely told his victims their investments had earned in the stock market.
U.S. v. Knowles, No. 98-CR-10 (E.D.Wisc.) (2 F.Supp.2d 1135) (April 15, 1998) (Judge Lynn S. Adelman)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Dismissal
U.S. v. Knowles, No. 98-CR-10 (E.D.Wisc.) (2 F.Supp.2d 1135) (April 15, 1998) (Judge Lynn S. Adelman) by Court granted motion to dismiss indictment on grounds that it was too imprecise to enable defendant to adequately prepare a defense.
Rice v. Cooper, No. 97-2821 (7th Cir.) (148 F.3d 747) (June 19, 1998) (Judge Richard A. Posner)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Miranda
Rice v. Cooper, No. 97-2821 (7th Cir.) (148 F.3d 747) (June 19, 1998) (Judge Richard A. Posner) by Case held that, in assessing the vailidity of a Miranda waiver by a 16-year old mentally retarded suspect, the proper question was whether the police reasonably believed that the suspect understood their …
U.S. v. Bornfield, No. 97-2169 (10th Cir.) (145 F.3d 1123) (May 13, 1998) (Judge James E. Barrett)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Nexus between crime and property
U.S. v. Bornfield, No. 97-2169 (10th Cir.) (145 F.3d 1123) (May 13, 1998) (Judge James E. Barrett) by Court vacated special verdict and forfeiture order because finding that funds in defendant's bank account were "involved in" or "traceable to" money laundering offense was clearly erroneous.
Denike v. Fauver, No. Civ. No. 83-2737(DRD) (D.N.J.) (3 F.Supp.2d 540) (May 4, 1998) (Judge Dickinson R. Debevoise)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Consent Decrees - Termination of
Denike v. Fauver, No. Civ. No. 83-2737(DRD) (D.N.J.) (3 F.Supp.2d 540) (May 4, 1998) (Judge Dickinson R. Debevoise) by This decision contains a detailed review of recent cases on the same issue; but see Ruiz v. Johnson, 37 F.Supp.2d 855 (S.D.Tex. 1999) for the most definitive and detailed analysis of …
U.S. v. Hicks, No. 96-3288 (10th Cir.) (146 F.3d 1198) (June 9, 1998) (Judge Deanell R. Tacha)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Sentences - Authority to Modify
U.S. v. Hicks, No. 96-3288 (10th Cir.) (146 F.3d 1198) (June 9, 1998) (Judge Deanell R. Tacha) by This is another case that deals with the authority of the district courts to resentence a defendant on counts that were never challenged, after a successful appeal on some of the original …
U.S. v. Schulte, No. 97-4008 (7th Cir.) (144 F.3d 1107) (May 28, 1998) (Judge Joel L. Flaum)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Schulte, No. 97-4008 (7th Cir.) (144 F.3d 1107) (May 28, 1998) (Judge Joel L. Flaum) by The issue presented in this case was whether a district court may depart from the punishment prescribed by the Guidelines based upon a disparity between the punishment and the sanction imposed for …
U.S. v. Watkins, No. 97-2224 (11th Cir.) (147 F.3d 1294) (July 28, 1998) (Judge Joel F. Dubina)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Sentences - Authority to Modify
U.S. v. Watkins, No. 97-2224 (11th Cir.) (147 F.3d 1294) (July 28, 1998) (Judge Joel F. Dubina) by In this case the Eleventh Circuit joined a majority of Circuits in holding that the district court had the authority, following a successful Bailey appeal to resentence the defendant on the remaining …
Robles v. U.S., No. 96-56762 (9th Cir.) (146 F.3d 1098) (June 23, 1998) (Judge Jr. William C. Canby)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Special Parole
Robles v. U.S., No. 96-56762 (9th Cir.) (146 F.3d 1098) (June 23, 1998) (Judge Jr. William C. Canby) by Court joined 3rd, 4th, 5th & 7th Circuits, holding that Parole Commission had no statutory right to impose a second term of special parole; and rejected contrary positions taken by 8th …
U.S. v. Johnson, No. 97-3360 (8th Cir.) (144 F.3d 1149) (May 22, 1998) (Judge Diana E. Murphy)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Sentences - Authority to Modify
U.S. v. Johnson, No. 97-3360 (8th Cir.) (144 F.3d 1149) (May 22, 1998) (Judge Diana E. Murphy) by Citing Texas v. McCullough, 475 U.S. 134 (1986), the Court held that the imposition of a more stringent sentence upon resentencing is not improper when it is based on newly obtained information …
Rosa v. Senkowski, No. 97-2974 (2nd Cir.) (148 F.3d 134) (June 24, 1998) (Per Curiam)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists
Rosa v. Senkowski, No. 97-2974 (2nd Cir.) (148 F.3d 134) (June 24, 1998) (Per Curiam) by Case held that the one-year limitations period in the AEDPA did not bar a habeas corpus petition filed within one year if the effective date of the AEDPA even though the petition was filed …
Hadix v. Johnson, No. 96-1908 (6th Cir.) (144 F.3d 925) (May 20, 1998) (Judge Karen Nelson Moore)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Consent Decrees - Termination of
Hadix v. Johnson, No. 96-1908 (6th Cir.) (144 F.3d 925) (May 20, 1998) (Judge Karen Nelson Moore) by Court held that § 3626(e)(2), as amended, does not interfere with the traditional inherent powers of the courts and thus does not give rise to an unconstitutional incursion by Congress into the …
U.S. v. Standiford, No. 98-1195 (7th Cir.) (148 F.3d 864) (July 10, 1998) (Judge Kenneth F. Ripple)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Withdrawal
U.S. v. Standiford, No. 98-1195 (7th Cir.) (148 F.3d 864) (July 10, 1998) (Judge Kenneth F. Ripple) by This case explores the interplay between Rule 11(e) and 32(e) of the pre-2002 version of the Fed.R.Crim.P. and also discusses the Circuit split on the issue of whether formal acceptance of a …
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