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U.S. v. Bray, No. 96-2261 (6th Cir.) (139 F.3d 1104) (April 6, 1998) (Judge James L. Ryan)
Article • June 1, 1998 • from P&J June, 1998
Filed under: Punch And Jurists, Summaries
U.S. v. Bray, No. 96-2261 (6th Cir.) (139 F.3d 1104) (April 6, 1998) (Judge James L. Ryan) by Case explores the use of "summaries" under Rule 1006 in great detail, explaining the five preconditions to using a summary chart and describing the three different kinds of summaries.
U.S. v. Green, No. 97-4711 (4th Cir.) (139 F.3d 1002) (April 6, 1998) (Judge John D. Jr. Butzner)
Article • June 1, 1998 • from P&J June, 1998
Filed under: Punch And Jurists
U.S. v. Green, No. 97-4711 (4th Cir.) (139 F.3d 1002) (April 6, 1998) (Judge John D. Jr. Butzner) by Case held that reindictment after a successful Bailey appeal on charges which the Government originally dismissed did not violate defendant's double jeopardy rights.
Cody v. Hillard, No. 97-2020 (8th Cir.) (139 F.3d 1197) (March 27, 1998) (Judge John R. Gibson)
Article • June 1, 1998 • from P&J June, 1998
Filed under: Punch And Jurists, Consent Decrees - Termination of
Cody v. Hillard, No. 97-2020 (8th Cir.) (139 F.3d 1197) (March 27, 1998) (Judge John R. Gibson) by In reversing the action of the district court, the Court relied heavily on the six factors it had outlined in McDonald v. Carnahan, 109 F.3d 1319 (8th Cir. 1997), as elements that …
U.S. v. Halper, No. 87-1383 (U.S. Supreme Court) (490 U.S. 435; 109 S.Ct. 1892) (May 15, 1989) (Justice Blackmun)
Article • May 22, 1998
Filed under: Forfeiture, Punch And Jurists
U.S. v. Halper, No. 87-1383 (U.S. Supreme Court) (490 U.S. 435; 109 S.Ct. 1892) (May 15, 1989) (Justice Blackmun) by In this case the Court held that civil penalties constitute punishment within the meaning of the Double Jeopardy Clause if they are "overwhelmingly disproportionate" to the harm suffered by the …
Ball v. U.S., No. 84-5004 (U.S. Supreme Court) (470 U.S. 856; 105 S.Ct. 1668) (March 26, 1985) (Justice Burger)
Article • May 13, 1998
Filed under: Punch And Jurists
Ball v. U.S., No. 84-5004 (U.S. Supreme Court) (470 U.S. 856; 105 S.Ct. 1668) (March 26, 1985) (Justice Burger) by Court held that while the Government may seek a multiple count indictment for multiple violations involving the same weapon, the defendant may not be double sentenced for the same offense. …
U.S. v. Carter, No. 94-5753 (4th Cir.) (139 F.3d 424) (March 24, 1998) (Judge H. Emory Jr. Widener)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Return/Retention of Property
U.S. v. Carter, No. 94-5753 (4th Cir.) (139 F.3d 424) (March 24, 1998) (Judge H. Emory Jr. Widener) by In his dissent, Judge Ervin wrote: "I believe that the prolonged detention of the suitcase, coupled with the authorities' lack of diligence in pursuing their investigation, violated the defendant's Fourth Amendment …
Wright v. U.S., No. 97-3452 (7th Cir.) (139 F.3d 551) (March 13, 1998) (Judge Jesse E. Eschbach)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists
Wright v. U.S., No. 97-3452 (7th Cir.) (139 F.3d 551) (March 13, 1998) (Judge Jesse E. Eschbach) by Case rejected the defendant's argument that, after Bailey, an aidor and abettor must knowingly and intentionally aid tha abet the "use" of the gun.
U.S. v. Wainuskis, No. 96-60742 (5th Cir.) (138 F.3d 183) (April 9, 1998) (Judge John M. Jr. Duhé)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists
U.S. v. Wainuskis, No. 96-60742 (5th Cir.) (138 F.3d 183) (April 9, 1998) (Judge John M. Jr. Duhé) by Case held that even though the Bailey case made it clear that the defendant had not "used" a gun, there was sufficient evidence to support the conviction under the "carry" prong …
U.S. v. Wilkins, No. 97-2075EA (8th Cir.) (139 F.3d 603) (March 18, 1998) (Judge Richard S. Arnold)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Prejudicial Spillover
U.S. v. Wilkins, No. 97-2075EA (8th Cir.) (139 F.3d 603) (March 18, 1998) (Judge Richard S. Arnold) by Court refused to find that disctrict court abused discretion by ordering a new trial in view of the potential spill-over effects from evidence relating to charges dismissed during trial due to lack …
U.S. v. Mills, No. 96-8594 (11th Cir.) (138 F.3d 928) (April 10, 1998) (Judge Emmett Ripley Cox)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Abuse of Position of Trust
U.S. v. Mills, No. 96-8594 (11th Cir.) (138 F.3d 928) (April 10, 1998) (Judge Emmett Ripley Cox) by Court agreed that the United States was not a proper victim in a Medicare fraud case to support an abuse of trust enhancement, since the defendants owed only a contractual - not …
U.S. v. Mills, No. 96-8594 (11th Cir.) (138 F.3d 928) (April 10, 1998) (Judge Emmett Ripley Cox)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists
U.S. v. Mills, No. 96-8594 (11th Cir.) (138 F.3d 928) (April 10, 1998) (Judge Emmett Ripley Cox) by Case held that denying defense the opportunity to cross examine Government witnesses because of alleged "tag-team" cross examinantion by various lawyers violated the defendant's Sixth Amendment rights, but was only harmless error.
U.S. v. Toothman, No. 97-50048 (9th Cir.) (137 F.3d 1393) (March 9, 1998) (Judge Donald P. Lay)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Withdrawal
U.S. v. Toothman, No. 97-50048 (9th Cir.) (137 F.3d 1393) (March 9, 1998) (Judge Donald P. Lay) by Court held that because he was misinformed about his Guideline sentencing range, that constituted a fair and just reason to allow him to withdraw his plea. This is a telling case in …
Glover v. Johnson, No. 95-1521 (6th Cir.) (138 F.3d 229) (March 2, 1998) (Judge James L. Ryan)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Consent Decrees - Termination of
Glover v. Johnson, No. 95-1521 (6th Cir.) (138 F.3d 229) (March 2, 1998) (Judge James L. Ryan) by Case is noted principally for its comprehensive review of this 20-year old prison litigation involving female prisoners rights and its holding that the PLRA's provisions re: attorneys fees do not apply retrocatively.
Nevers v. Killinger, No. 97-CV-75175-DT (E.D.Mich.) (990 F.Supp. 844) (December 30, 1997) (Judge Lawrence P. Zatkoff)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Publicity - Prejudicial
Nevers v. Killinger, No. 97-CV-75175-DT (E.D.Mich.) (990 F.Supp. 844) (December 30, 1997) (Judge Lawrence P. Zatkoff) by This decision contains one of the most comprehensive reviews that we have seen recently on the topic of prejudicial pretrial publicity. The outcome of this case was that the Court granted a Writ …
U.S. v. Wilkins, No. 97-2075EA (8th Cir.) (139 F.3d 603) (March 18, 1998) (Judge Richard S. Arnold)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Prejudicial Spillover
U.S. v. Wilkins, No. 97-2075EA (8th Cir.) (139 F.3d 603) (March 18, 1998) (Judge Richard S. Arnold) by Court refused to find that disctrict court abused discretion by ordering a new trial in view of the potential spill-over effects from evidence relating to charges dismissed during trial due to lack …
U.S. v. O'Hagan, No. 94-3714 (8th Cir.) (139 F.3d 641) (April 1, 1998) (Judge David R. Hansen)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Misappropriation Liability/Theory
U.S. v. O'Hagan, No. 94-3714 (8th Cir.) (139 F.3d 641) (April 1, 1998) (Judge David R. Hansen) by Case held that convistion under "misappropriation theory" requires proof that defendant obtained information that was material and non-public, that he used such information, and that he breached duty owed to source of …
U.S. v. Barajas-Chavez, No. CR 96-174-MV (D.N.M.) (991 F.Supp. 1289) (December 31, 1996) (Judge Martha Vazquez)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Sufficiency of Evidence
U.S. v. Barajas-Chavez, No. CR 96-174-MV (D.N.M.) (991 F.Supp. 1289) (December 31, 1996) (Judge Martha Vazquez) by Court vacated a conviction under 8 USC § 1324(a)(2) due to a lack of evidence that defendant's actions were "in furtherance of" a violation of the law.
U.S. v. O'Hagan, No. 94-3714 (8th Cir.) (139 F.3d 641) (April 1, 1998) (Judge David R. Hansen)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Prior Convictions - Expungement or Reversal of
U.S. v. O'Hagan, No. 94-3714 (8th Cir.) (139 F.3d 641) (April 1, 1998) (Judge David R. Hansen) by Disagreeing with U.S. v. McHan, 101 F.3d 1027, 1040 (4th Cir. 1996), the Court held that a district court has the authority under § 5K2.0 to depart downward to reflect a discharged …
U.S. v. Robinson, No. 97-0071(PLF) (D.D.C.) (991 F.Supp. 1) (December 5, 1997) (Judge Paul L. Friedman)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists
U.S. v. Robinson, No. 97-0071(PLF) (D.D.C.) (991 F.Supp. 1) (December 5, 1997) (Judge Paul L. Friedman) by This is a significant case dealing with the requirements of the law (18 U.S.C. § 3553(f)) and of the Guidelines (U.S.S.G. § 5C1.2) that, to be eligible for a "safety valve" sentence reduction, …
U.S. v. Johnson, No. 97-0305(HHG) (D.D.C.) (992 F.Supp. 437) (September 29, 1997) (Judge Harold H. Greene)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Knowingly and Voluntarily Made
U.S. v. Johnson, No. 97-0305(HHG) (D.D.C.) (992 F.Supp. 437) (September 29, 1997) (Judge Harold H. Greene) by Although the ruling in this case has pretty much been foreclosed by contrary decisions from virtually all the Circuits, this decision is noted because of the strong words with which Judge Harold Greene …
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