Search | Punch and Jurists

U.S. v. Espy, No. 97-0335 (D.D.C.) (989 F.Supp. 17) (December 23, 1997) (Judge Ricardo M. Urbina)

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

Filed under: Punch And Jurists

U.S. v. Espy, No. 97-0335 (D.D.C.) (989 F.Supp. 17) (December 23, 1997) (Judge Ricardo M. Urbina) by United States v. McDougal, 137 F.3d 547 (8th Cir. 1998) (Judge Gibson) United States v. Espy, 989 F.Supp. 17 (D.D.C. 17 1997) (Judge Urbina) For those interested in following the political machinations and …

U.S. v. Ovalle, No. 94-1566 (6th Cir.) (136 F.3d 1092) (February 23, 1998) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Ovalle, No. 94-1566 (6th Cir.) (136 F.3d 1092) (February 23, 1998) (Judge Karen Nelson Moore) by Here the Court invalidated as racially discriminatory a jury selection plan designed to increase the number of Black jurors which it determined was in violation of the Jury Selection and Service Act, …

U.S. v. Robinson, No. 97-1523 (1st Cir.) (137 F.3d 652) (March 2, 1998) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. Robinson, No. 97-1523 (1st Cir.) (137 F.3d 652) (March 2, 1998) (Judge Juan R. Torruella) by Case rejected challenge that conviction was invalid because defendant did not have fair notice that the possession of pornographic materials had become illegal.

U.S. v. Tucker, No. 96-3231 (8th Cir.) (137 F.3d 1016) (February 23, 1998) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Juror Competency/Inquiry Issues

U.S. v. Tucker, No. 96-3231 (8th Cir.) (137 F.3d 1016) (February 23, 1998) (Judge John R. Gibson) by Here the Court held that a claim that a juror concealed bias during voir dire warranted a "McDonough" evidentiary hearing as established in McDonough Power v. Greenwood, 464 U.S. 548 (1984).

U.S. v. Ortiz, No. 96-3123 (D.C. Cir.) (136 F.3d 161) (February 24, 1998) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists

U.S. v. Ortiz, No. 96-3123 (D.C. Cir.) (136 F.3d 161) (February 24, 1998) (Judge Judith W. Rogers) by Second or successive petitions. United States v. Ortiz, 136 F.3d 161 (D.C. Cir. 1998) (Judge Rogers) Thomas v. Superintendent/Woodbourne Corr. Facility, 136 F.3d 227 (2nd Cir. 1997) (Per Curiam) Both of these …

U.S. v. Crowder, No. 92-3133 (D.C. Cir.) (141 F.3d 1202) (May 1, 1998) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Crowder, No. 92-3133 (D.C. Cir.) (141 F.3d 1202) (May 1, 1998) (Judge A. Raymond Randolph) by En banc decision holding that a defendant's offer to stipulate his status as a prior felon does not block introduction of other crimes evidence.

Small v. U.S., No. 97-5008 (D.C. Cir.) (136 F.3d 1334) (February 20, 1998) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Notice - Adequacy of

Small v. U.S., No. 97-5008 (D.C. Cir.) (136 F.3d 1334) (February 20, 1998) (Judge Patricia M. Wald) by Case held that publication of notice in USA Today is not adequate notice of forfeiture proceeding. This forfeiture case is a rarity because it reversed an administrative forfeiture due to the failure …

U.S. v. Gigante, No. CR 93-368 (JBW) (E.D.N.Y.) (989 F.Supp. 436) (January 5, 1998) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Age

U.S. v. Gigante, No. CR 93-368 (JBW) (E.D.N.Y.) (989 F.Supp. 436) (January 5, 1998) (Judge Jack B. Weinstein) by Here Judge Weinstein granted a granted a downward departure based on the defendant's age and infirm physical condition. This well publicized case shows another aspect of unpublished decisions. The case involved …

Gulliford v. Pierce County, No. 96-35614 (9th Cir.) (136 F.3d 1345) (February 27, 1998) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Fighting Words Doctrine

Gulliford v. Pierce County, No. 96-35614 (9th Cir.) (136 F.3d 1345) (February 27, 1998) (Judge Betty Binns Fletcher) by This civil rights suit for damages under 42 U.S.C. § 1983 is noted because of its discussion of a citizen's First Amendment rights to resist arrest. The appellant in this case …

Small v. U.S., No. 97-5008 (D.C. Cir.) (136 F.3d 1334) (February 20, 1998) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Notice - Adequacy of

Small v. U.S., No. 97-5008 (D.C. Cir.) (136 F.3d 1334) (February 20, 1998) (Judge Patricia M. Wald) by Case held that publication of notice in USA Today is not adequate notice of forfeiture proceeding.

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (136 F.3d 952) (February 18, 1998) (Judge Jane R. Roth)

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Filed under: Punch And Jurists, Victims - Generally

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (136 F.3d 952) (February 18, 1998) (Judge Jane R. Roth) by Court not authorizied to order restitution to the FBI as a condition of supervised release.

U.S. v. Brito, No. 96-50757 (5th Cir.) (136 F.3d 397) (February 27, 1998) (Judge Will L. Garwood)

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

Filed under: Punch And Jurists, Juror Competency/Inquiry Issues

U.S. v. Brito, No. 96-50757 (5th Cir.) (136 F.3d 397) (February 27, 1998) (Judge Will L. Garwood) by Here the Court rejected a claim that one of the jurors had been "coerced" into a guilty verdict by threats from the other jurors, essentially on the grounds that once the jurors …

U.S. v. Gray, No. 96-4617 (4th Cir.) (137 F.3d 765) (February 25, 1998) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Gray, No. 96-4617 (4th Cir.) (137 F.3d 765) (February 25, 1998) (Judge Paul V. Niemeyer) by Case is noted for Judge Murnaghan's strong dissent in which he said that the majority was "forced to spin and exaggerate the underlying facts" in its "valiant" efforts to find probable cause. …

U.S. v. Beckwith, No. 97-CR-176 K (D.Utah) (987 F.Supp. 1345) (December 23, 1997) (Judge Magistrate)

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

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Beckwith, No. 97-CR-176 K (D.Utah) (987 F.Supp. 1345) (December 23, 1997) (Judge Magistrate) by Relying on an unpublished decision, the magistrate judge warned that if prisoners abuse their right to represent themselves, they may face a sentence increase for obstruction. This is one of those indigent pro se …

U.S. v. DeLuca, No. 96-1173 (1st Cir.) (137 F.3d 24) (February 27, 1998) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Closure of Courtroom

U.S. v. DeLuca, No. 96-1173 (1st Cir.) (137 F.3d 24) (February 27, 1998) (Judge Conrad K. Cyr) by The principal issue raised on this appeal was a claim that the defendants' rights under the Sixth Amendment had been violated through the implementation of spectator screening procedures that "chilled" their right …

U.S. v. Barron, No. 96-36058 (9th Cir.) (136 F.3d 675) (March 6, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Barron, No. 96-36058 (9th Cir.) (136 F.3d 675) (March 6, 1998) (Per Curiam) by On this rehearing, the court divided; but Judge Noonan wrote that when a § 2255 motion is brought to vacate a sentence that is illegal by virtue of a later Supreme Court ruling, the …

U.S. v. Barresse, No. 97-3511 (8th Cir.) (142 F.3d 1091) (April 24, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Barresse, No. 97-3511 (8th Cir.) (142 F.3d 1091) (April 24, 1998) (Per Curiam) by Case held that defendant did not provide "complete cooperation" where he ignored Government's request that he stay out of county in which there was an outstanding warrant for his arrest, which prevented him from …

Ramirez v. Hatcher, No. 96-16209 (9th Cir.) (136 F.3d 1209) (January 27, 1998) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists

Ramirez v. Hatcher, No. 96-16209 (9th Cir.) (136 F.3d 1209) (January 27, 1998) (Judge Cynthia Holcomb Hall) by Never underestimate the power of the courts to obfuscate the obvious. In their perpetual quest for linguistic perfection in what jurors should and should not be told about their duties and responsibilities, …

U.S. v. Moses, No. 95-1827 (6th Cir.) (137 F.3d 894) (February 26, 1998) (Judge Richard F. Suhrheinrich)

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

Filed under: Punch And Jurists, Video/Closed Circuit TV Testimony

U.S. v. Moses, No. 95-1827 (6th Cir.) (137 F.3d 894) (February 26, 1998) (Judge Richard F. Suhrheinrich) by Case reversed conviction because district court failed to follow procedures specified in statute and refused to allow defendant to cross-examine child witness whose testimony was given by closed circuit TV.

U.S. v. Rivas-Lopez, No. 2:97-CR-104 (D.Utah) (988 F.Supp. 1424) (December 31, 1997) (Judge J. Thomas Greene)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Rivas-Lopez, No. 2:97-CR-104 (D.Utah) (988 F.Supp. 1424) (December 31, 1997) (Judge J. Thomas Greene) by Here the Court held that the provisions of 18 U.S.C. § 3051 (entitled Admissibility of Confessions), rather than the standards laid down in Miranda v. Arizona, 384 U.S. 436 (1996), govern the admissibility …