Search | Punch and Jurists

U.S. v. Delagarza-Villarreal, No. 97-40172 (5th Cir.) (141 F.3d 133) (May 8, 1998) (Judge E. Grady Jolly)

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

Filed under: Punch And Jurists

U.S. v. Delagarza-Villarreal, No. 97-40172 (5th Cir.) (141 F.3d 133) (May 8, 1998) (Judge E. Grady Jolly) by While not labeled as such, this case raises a prime example of the extremes to which the Government will go to increase the number of convictions against a defendant. The defendant Delagarza …

U.S. v. Acevedo, No. 95-4729 (11th Cir.) (141 F.3d 1421) (May 22, 1998) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Jurors - Alternates

U.S. v. Acevedo, No. 95-4729 (11th Cir.) (141 F.3d 1421) (May 22, 1998) (Judge Gerald B. Tjoflat) by Case held that violation of rule requiring court to discharge alternate jurors prior to deliberations does not require automatic mistrial.

U.S. v. Garcia Abrego, No. 97-20130 (5th Cir.) (141 F.3d 142) (May 6, 1998) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Garcia Abrego, No. 97-20130 (5th Cir.) (141 F.3d 142) (May 6, 1998) (Judge Carolyn Dineen King) by QUOTE OF THE WEEK - The Garcia-Abrego case calls to mind another notorious case which shows the judicial reluctance to airing in public claims that exorbitant payments to Government witnesses make …

U.S. v. Garcia Abrego, No. 97-20130 (5th Cir.) (141 F.3d 142) (May 6, 1998) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists

U.S. v. Garcia Abrego, No. 97-20130 (5th Cir.) (141 F.3d 142) (May 6, 1998) (Judge Carolyn Dineen King) by The principal (and disturbing) issue raised in this major drug prosecution case was the defendant's claim that the Government's payment of witnesses, grants of immunity, and plea bargaining so distorted the …

U.S. v. Anderson, No. 97-30028 (C.D.Ill.) (995 F.Supp. 944) (March 11, 1998) (Judge Richard Mills)

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

Filed under: Punch And Jurists

U.S. v. Anderson, No. 97-30028 (C.D.Ill.) (995 F.Supp. 944) (March 11, 1998) (Judge Richard Mills) by Case held that transactions occuring within the statute of limitations period were separate "executions" that brought entire scheme within the 10 year statute of limitations. United States v. Midgley, 142 F.3d 174 (3rd Cir. …

U.S. v. Qualls, No. 95-50378 (9th Cir.) (140 F.3d 824) (April 2, 1998) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Civil Disabilities

U.S. v. Qualls, No. 95-50378 (9th Cir.) (140 F.3d 824) (April 2, 1998) (Judge Michael Daly Hawkins) by Caron v. United States, No. 97-6270 (U.S. Sup. Ct. June 22 , 1998) (Justice Kennedy) United States v. Qualls, 140 F.3d 824 (9th Cir. 1998) (En Banc) (Judge Hawkins) It is noteworthy …

Whelchel v. Wood, No. CS-95-500-RHW (E.D.Wash.) (996 F.Supp. 1019) (November 19, 1997) (Judge Robert H. Whaley)

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

Filed under: Punch And Jurists, Confrontation Clause/Rights

Whelchel v. Wood, No. CS-95-500-RHW (E.D.Wash.) (996 F.Supp. 1019) (November 19, 1997) (Judge Robert H. Whaley) by Case held that violations of Confrontation Clause had a substantial and injurious influence on the jury and required vacation of the conviction. Judge Shadur once observed that "Any efforts of the lower courts …

Kimberlin v. Department of Justice, No. 96-5250 (D.C. Cir.) (139 F.3d 944) (April 7, 1998) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Exemptions

Kimberlin v. Department of Justice, No. 96-5250 (D.C. Cir.) (139 F.3d 944) (April 7, 1998) (Judge Douglas Ginsburg) by Plaintiff, who blew the whistle of Don Quayle for smoking pot, brought suit under the FOIA; and this case gives a relatively detailed summary of the law dealing with the exemption …

Gonzales v. Johnson, No. 3-96-CV-3326-X (N.D.Tex.) (994 F.Supp. 759) (November 21, 1997) (Judge Joe Kendall)

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

Filed under: Sentencing, Punch And Jurists

Gonzales v. Johnson, No. 3-96-CV-3326-X (N.D.Tex.) (994 F.Supp. 759) (November 21, 1997) (Judge Joe Kendall) by Case grants a writ of habeas corpus to a defendant after it determines that the sentencing judge improperly imposed a predetermined sentence. This is an appalling tale about one of those mythical hanging judges …

U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Disclosure - Improper or Wrongful

U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson) by Court affirmed that statements made during the course of plea discussions with the Government are not admissible against the defendant who participated in such discussions.

Gonzales v. Johnson, No. 3-96-CV-3326-X (N.D.Tex.) (994 F.Supp. 759) (November 21, 1997) (Judge Joe Kendall)

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

Filed under: Punch And Jurists

Gonzales v. Johnson, No. 3-96-CV-3326-X (N.D.Tex.) (994 F.Supp. 759) (November 21, 1997) (Judge Joe Kendall) by This is an appalling tale about one of those mythical hanging judges from Texas, State Judge Larry Baraka. In 1986, the petitioner, Jose Gonzales, was charged with three counts of aggravated robbery. He pled …

U.S. v. Snoddy, No. 97-3366 (8th Cir.) (139 F.3d 1224) (April 6, 1998) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Snoddy, No. 97-3366 (8th Cir.) (139 F.3d 1224) (April 6, 1998) (Judge Mark W. Bennett) by Can a "sole participant" in a drug crime receive a sentence adjustment under U.S.S.G. § 3B1.2(b) for being a minor participant? Here, the Eighth Circuit says "Yes - sometimes." The defendant was …

U.S. v. Desimone, No. 96-1023 (2nd Cir.) (140 F.3d 457) (April 13, 1998) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Authority/Subject Matter Jurisdiction

U.S. v. Desimone, No. 96-1023 (2nd Cir.) (140 F.3d 457) (April 13, 1998) (Judge Ralph K. Jr. Winter) by Case held that prior decision, issued by two judges after a third judge had passed away, was valid even though one remaining judge on the panel was not a member of …

U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson) by Some examples of the prejudicial effect on jurors on hearing evidence of past crimes. QUOTE OF THE WEEK - A medley of thoughts on the inherent dangers of letting the jury hear …

U.S. v. Kyllo, No. 96-30333 (9th Cir.) (140 F.3d 1249) (April 7, 1998) (Judge Robert R. Jr. Merhige)

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

Filed under: Punch And Jurists, Searches - Thermal Imager

U.S. v. Kyllo, No. 96-30333 (9th Cir.) (140 F.3d 1249) (April 7, 1998) (Judge Robert R. Jr. Merhige) by We often wonder how the Founders would have written the Fourth Amendment had they been aware of the intrusiveness of some of the spying techniques of modern day law enforcement. The …

U.S. v. Sampson, No. 96-4431 (4th Cir.) (140 F.3d 585) (April 2, 1998) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Sampson, No. 96-4431 (4th Cir.) (140 F.3d 585) (April 2, 1998) (Judge Diana Gribbon Motz) by Here the Court held that "flex" - a mixture of flour, wax and baking soda - was not a "controlled substance" as defined in 21 U.S.C. § 802(7). In this case, the …

U.S. v. Melgar, No. 96-4582 (4th Cir.) (139 F.3d 1005) (April 8, 1998) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Offense Specific Nature

U.S. v. Melgar, No. 96-4582 (4th Cir.) (139 F.3d 1005) (April 8, 1998) (Judge Diana Gribbon Motz) by This case deals with the general topic of the admissibility of incriminating statements made by an accused after he is in custody and when his counsel is not present. Most of the …

U.S. v. Parsons, No. 97-1522 (1st Cir.) (141 F.3d 386) (April 16, 1998) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Civil Settlement - Effect of

U.S. v. Parsons, No. 97-1522 (1st Cir.) (141 F.3d 386) (April 16, 1998) (Judge Michael Boudin) by United States v. Parsons, 141 F.3d 386 (1st Cir. 1998) (Judge Boudin) United States v. Sclafani, 996 F.Supp. 400 (D.N.J. 1998) (Judge Orlofsky) Both of these cases deal with common restitution issues. In …

U.S. v. Melgar, No. 96-4582 (4th Cir.) (139 F.3d 1005) (April 8, 1998) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Offense Specific Nature

U.S. v. Melgar, No. 96-4582 (4th Cir.) (139 F.3d 1005) (April 8, 1998) (Judge Diana Gribbon Motz) by Case explores in depth the differences between the Fifth and Sixth Amendments separate rights to counsel.

U.S. v. McKinnon, No. 91-299-CR-T-17B (M.D.Fla.) (995 F.Supp. 1404) (February 24, 1998) (Judge Elizabeth A. Kovachevich)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. McKinnon, No. 91-299-CR-T-17B (M.D.Fla.) (995 F.Supp. 1404) (February 24, 1998) (Judge Elizabeth A. Kovachevich) by This is a case that simmers with intrigue. Essentially, over the strong objections of the Government, Judge Kovachevich ordered an evidentiary hearing to determine whether the defendant had been denied effective assistance of …