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In Re Wilkinson, No. 96-4133 (6th Cir.) (137 F.3d 911) (March 5, 1998) (Judge Allen E. Norris)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Right to be Present
In Re Wilkinson, No. 96-4133 (6th Cir.) (137 F.3d 911) (March 5, 1998) (Judge Allen E. Norris) by The governing rationale for this decision was probably given away in the very beginning when the majority observed: "Plaintiff is no stranger to the litigation process. In the past four years alone, …
In Re Wilkinson, No. 96-4133 (6th Cir.) (137 F.3d 911) (March 5, 1998) (Judge Allen E. Norris)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Confrontation Clause/Rights
In Re Wilkinson, No. 96-4133 (6th Cir.) (137 F.3d 911) (March 5, 1998) (Judge Allen E. Norris) by QUOTE OF THE WEEK - The Confrontation Clause: its goals and purposes. The Supreme Court has observed that the foundation of the Confrontation Clause guarantee is "the perception that confrontation is essential …
In Re Wilkinson, No. 96-4133 (6th Cir.) (137 F.3d 911) (March 5, 1998) (Judge Allen E. Norris)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Right to be Present
In Re Wilkinson, No. 96-4133 (6th Cir.) (137 F.3d 911) (March 5, 1998) (Judge Allen E. Norris) by The governing rationale for this decision was probably given away in the very beginning when the majority observed: "Plaintiff is no stranger to the litigation process. In the past four years alone, …
U.S. v. Dyer, No. 96-30545 (5th Cir.) (136 F.3d 417) (February 27, 1998) (Judge Will L. Garwood)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists
U.S. v. Dyer, No. 96-30545 (5th Cir.) (136 F.3d 417) (February 27, 1998) (Judge Will L. Garwood) by Case is noted for its discussion of the history and purposes of the Writ of Coram Nobis.
U.S. v. Jacobs, No. 97-1211 (8th Cir.) (136 F.3d 1187) (February 18, 1998) (Judge Morris Sheppard Arnold)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Methamphetamine
U.S. v. Jacobs, No. 97-1211 (8th Cir.) (136 F.3d 1187) (February 18, 1998) (Judge Morris Sheppard Arnold) by Differences between d-type and l-type methamphetamine. After the defendant failed to file any objection to the classification of his drugs at his original sentencing, in his direct appeal, on his first § …
U.S. v. Gigante, No. CR 93-368 (E.D.N.Y.) (987 F.Supp. 143) (August 28, 1996) (Judge Eugene H. Nickerson)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists
U.S. v. Gigante, No. CR 93-368 (E.D.N.Y.) (987 F.Supp. 143) (August 28, 1996) (Judge Eugene H. Nickerson) by In this case the Court denied a motion for a hearing to determine the defendant's mental and physical competency to stand trial, concluding in large part that due to the "magnitude and …
U.S. v. Franco, No. 95-50615 (9th Cir.) (136 F.3d 622) (February 11, 1998) (Judge Jr. William C. Canby)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Predisposition/Inducement
U.S. v. Franco, No. 95-50615 (9th Cir.) (136 F.3d 622) (February 11, 1998) (Judge Jr. William C. Canby) by One of the issues raised in this case was a claim of entrapment - which the court rejected, holding that "A factual dispute concerning inducement and predisposition precludes a finding that …
U.S. v. Harris, No. 97-1812 (8th Cir.) (130 F.3d 829) (March 3, 1998) (Judge C. Arlen Beam)
Article • April 1, 1998 • from P&J January, 1998
Filed under: Punch And Jurists, Stipulations
U.S. v. Harris, No. 97-1812 (8th Cir.) (130 F.3d 829) (March 3, 1998) (Judge C. Arlen Beam) by Case rejected spirit of U.S. v. Old Chief and held that any error in rejecting defendant's offer to stipulate to felon status was harmless. This case is noted for strong dissent of …
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
U.S. v. Robinson, No. 97-1523 (1st Cir.) (137 F.3d 652) (March 2, 1998) (Judge Juan R. Torruella) by Case rejected claim that the Child Pornography statutes violated the Commerce Clause.
U.S. v. Awon, No. 96-1916 (1st Cir.) (135 F.3d 96) (February 2, 1998) (Judge Frank M. Coffin)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Fragmentary Statements/Summaries
U.S. v. Awon, No. 96-1916 (1st Cir.) (135 F.3d 96) (February 2, 1998) (Judge Frank M. Coffin) by Here the Court delved into the "Doctrine of Completeness", stressing that it is a remedy to prevent misunderstandings, not a tool to be used to permit the admission of otherwise inadmissible evidence. …
U.S. v. Andrade, No. 96-2309 (1st Cir.) (135 F.3d 104) (February 3, 1998) (Judge Michael Boudin)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Miranda
U.S. v. Andrade, No. 96-2309 (1st Cir.) (135 F.3d 104) (February 3, 1998) (Judge Michael Boudin) by Just as the New York Times has completed a series of front-page articles entitled "Police Tactics Chipping Away at Suspects' Rights", comes this case from the First Circuit which gives credence to the …
U.S. v. Barajas-Chavez, No. 97-2033 (10th Cir.) (134 F.3d 1444) (January 28, 1998) (Judge John C. Porfilio)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Sufficiency of Evidence
U.S. v. Barajas-Chavez, No. 97-2033 (10th Cir.) (134 F.3d 1444) (January 28, 1998) (Judge John C. Porfilio) by For a more detailed discussion of the facts of this case, see summary of lower court decision reported at 991 F.Supp. 1289 (D.N.M. 1996). Court affirmed vacation of a conviction under 8 …
Zadvydas v. Caplinger, No. Civ. No. 96-0810 (E.D.La.) (986 F.Supp. 1011) (October 30, 1997) (Judge Eldon E. Fallon)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Limitations on Period of Detention
Zadvydas v. Caplinger, No. Civ. No. 96-0810 (E.D.La.) (986 F.Supp. 1011) (October 30, 1997) (Judge Eldon E. Fallon) by Here the Court held that petitioner's detention of nearly four years with no end in sight, and the probablility of permanent confinement, is an excessive means of accomplishing the goals of …
U.S. v. Benson, No. 96-5325 (6th Cir.) (134 F.3d 787) (January 21, 1998) (Judge Eugene E. Jr. Siler)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Commission of Offenses While on Release
U.S. v. Benson, No. 96-5325 (6th Cir.) (134 F.3d 787) (January 21, 1998) (Judge Eugene E. Jr. Siler) by The defendant in this case was originally arrested on a mail theft charge. He was released on bond; and after he subsequently failed to appear, he was subsequently indicted for failure …
U.S. v. Keys, No. 93-50281 (9th Cir.) (133 F.3d 1282) (January 20, 1998) (Judge Stephen S. Trott)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Plain Error
U.S. v. Keys, No. 93-50281 (9th Cir.) (133 F.3d 1282) (January 20, 1998) (Judge Stephen S. Trott) by In this case, although the Court had previously reversed the defendant's conciction on the grounds that plain error in the jury instructions had occurred, now, on an en banc review, the court …
U.S. v. Webb, No. 97-3059 (D.C. Cir.) (134 F.3d 403) (February 3, 1998) (Judge Douglas Ginsburg)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Drug or Alcohol Dependence
U.S. v. Webb, No. 97-3059 (D.C. Cir.) (134 F.3d 403) (February 3, 1998) (Judge Douglas Ginsburg) by No matter how hard they try, the Appellate Courts can’t seem to get away from the steady chorus of judges who continue to protest that the Guidelines in general, and the crack-cocaine sentencing …
LoFranco v. U.S. Parole Commission, No. 95 CIV 8303 (JES)(EJP) (S.D.N.Y.) (986 F.Supp. 796) (November 26, 1997) (Judge John E. Sprizzo)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Association - Right of
LoFranco v. U.S. Parole Commission, No. 95 CIV 8303 (JES)(EJP) (S.D.N.Y.) (986 F.Supp. 796) (November 26, 1997) (Judge John E. Sprizzo) by This case is noted because it contains a detailed review of cases upholding - or limiting - the rights of the Parole Commission to impose limitations on the …
Hayden v. Grayson, No. 97-1623 (1st Cir.) (134 F.3d 449) (January 22, 1998) (Judge Conrad K. Cyr)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Failure to Train
Hayden v. Grayson, No. 97-1623 (1st Cir.) (134 F.3d 449) (January 22, 1998) (Judge Conrad K. Cyr) by This case it noted for its detailed discussion of the "failure to train" rules that govern municipal liability in a civil rights action under § 1983, as set forth in Monell v. …
U.S. v. Lowery, No. 97-60213 (5th Cir.) (135 F.3d 957) (February 19, 1998) (Per Curiam)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Affirmative Defenses
U.S. v. Lowery, No. 97-60213 (5th Cir.) (135 F.3d 957) (February 19, 1998) (Per Curiam) by This is an interesting case that deals with a little-noticed, statutorily created affirmative defense to the ever expanding charge of obstruction of justice - namely the provisions of 18 U.S.C. § 1512(d). That section …
U.S. v. Brennick, No. 96-1969 (1st Cir.) (134 F.3d 10) (January 20, 1998) (Judge Michael Boudin)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Loss - Calculation/Determination of
U.S. v. Brennick, No. 96-1969 (1st Cir.) (134 F.3d 10) (January 20, 1998) (Judge Michael Boudin) by This case is noted because of its instructive analysis of loss calculations under the Guidelines in tax cases. The defendant was found guilty of failing to truthfully account for and pay over withholding …
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