Search | Punch and Jurists

U.S. v. Duran, No. 96-4108 (10th Cir.) (133 F.3d 1324) (January 9, 1998) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Communications with Jurors

U.S. v. Duran, No. 96-4108 (10th Cir.) (133 F.3d 1324) (January 9, 1998) (Judge David M. Ebel) by United States v. Barragan-Devis, 133 F.3d 1287 (9th Cir. 1287) (Judge Trott) United States v. Duran, 133 F.3d 1324 (10th Cir. 1998) (Judge Ebel) It really should not surprise anyone that there …

U.S. v. McClain, No. 97-15128 (9th Cir.) (133 F.3d 1191) (January 13, 1998) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists

U.S. v. McClain, No. 97-15128 (9th Cir.) (133 F.3d 1191) (January 13, 1998) (Judge Betty Binns Fletcher) by In a case of first impression in the Ninth Circuit, the Court held that resentencing a defendant on an underlying drug trafficking offense to reflect a possession of a weapon enhancement, following …

U.S. v. Enjady, No. 96-2285 (10th Cir.) (134 F.3d 1427) (January 20, 1998) (Judge James K. Logan)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Enjady, No. 96-2285 (10th Cir.) (134 F.3d 1427) (January 20, 1998) (Judge James K. Logan) by Aroused by the growing surge of sex crimes in America, in 1995 Congress enacted a series of new amendments to the Federal Rules of Evidence designed to make it easier to obtain …

U.S. v. Thomas, No. 96-50110 (9th Cir.) (134 F.3d 975) (January 22, 1998) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Thomas, No. 96-50110 (9th Cir.) (134 F.3d 975) (January 22, 1998) (Judge Stephen Reinhardt) by It is beyond denial that entrapment has become an indispensable and frequently used tactic in an enormous number of Government prosecutions; and perhaps because it is deemed so critical to the administration of …

U.S. v. Mihm, No. 97-1535 (8th Cir.) (134 F.3d 1353) (January 27, 1998) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Safety Valve

U.S. v. Mihm, No. 97-1535 (8th Cir.) (134 F.3d 1353) (January 27, 1998) (Judge James B. Loken) by

U.S. v. McClinton, No. 96-3143 (7th Cir.) (135 F.3d 1178) (February 6, 1998) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Juror Misconduct Issues

U.S. v. McClinton, No. 96-3143 (7th Cir.) (135 F.3d 1178) (February 6, 1998) (Judge Michael S. Kanne) by One of the issues raised in this case was a charge of juror misconduct; and, while that claim was rejected by the court, the decision contains a detailed discussion of the prevailing …

U.S. v. Hines, No. 96-3134 (10th Cir.) (133 F.3d 1360) (January 16, 1998) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Prior Convictions - Expungement or Reversal of

U.S. v. Hines, No. 96-3134 (10th Cir.) (133 F.3d 1360) (January 16, 1998) (Judge Michael R. Murphy) by

U.S. v. Sprague, No. 96-10348 (9th Cir.) (135 F.3d 1301) (February 4, 1998) (Judge Barry Ted Moskowitz)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Sprague, No. 96-10348 (9th Cir.) (135 F.3d 1301) (February 4, 1998) (Judge Barry Ted Moskowitz) by In this case the Court adressed the issue of calculating the weight of drugs by using waste mixtures and materials to increase the defendant's sentence. In the early days of the Guidelines, …

U.S. v. Adkinson, No. 92-2872 (11th Cir.) (135 F.3d 1363) (February 23, 1998) (Judge James C. Hill)

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

Filed under: Punch And Jurists, Overreaching

U.S. v. Adkinson, No. 92-2872 (11th Cir.) (135 F.3d 1363) (February 23, 1998) (Judge James C. Hill) by This is an intriguing case in which the Eleventh Circuit dismissed a series of convictions following a five month trial, during which 115 witnesses generated more than 85 volumes and 17,500 pages …

U.S. v. Adkinson, No. 92-2872 (11th Cir.) (135 F.3d 1363) (February 23, 1998) (Judge James C. Hill)

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

Filed under: Punch And Jurists, Overreaching

U.S. v. Adkinson, No. 92-2872 (11th Cir.) (135 F.3d 1363) (February 23, 1998) (Judge James C. Hill) by United States v. Adkinson, 135 F.3d 1363 (11th Cir. 1998) (Judge Hill) ("Adkinson I") United States v. Adkinson, 158 F.3d 1147 (11th Cir. 1998) (Judge Hill) ("Adkinson II") These two rather extraordinary …

LaFontant v. I.N.S., No. 96-1310 (D.C. Cir.) (135 F.3d 158) (February 10, 1998) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Fee Provisions

LaFontant v. I.N.S., No. 96-1310 (D.C. Cir.) (135 F.3d 158) (February 10, 1998) (Judge Patricia M. Wald) by Among the issues considered in this case, the Court agreed with the petitioner that as an alien detainee he was not a "prisoner" for purposes of the filing fee requirements of the …

Ceja v. Stewart, No. 98-99000 (9th Cir.) (134 F.3d 1368) (January 20, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Ceja v. Stewart, No. 98-99000 (9th Cir.) (134 F.3d 1368) (January 20, 1998) (Per Curiam) by This case is another eye-opener about the purposes and goals of capital punishment in America. In this case, the petitioner had been incarcerated on death row since December 19, 1974 - a total of …

U.S. v. Kaye, No. 94-1381 (2nd Cir.) (140 F.3d 86) (March 16, 1998) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Cooperation with Local Authorities

U.S. v. Kaye, No. 94-1381 (2nd Cir.) (140 F.3d 86) (March 16, 1998) (Judge Ralph K. Jr. Winter) by United States v. Campo, 140 F.3d 415 (2nd. Cir. 1998) (Per Curiam) United States v. Kaye, 140 F.3d 86 (2nd Cir. 1998) (Judge Winter) Both of these cases are significant because …

U.S. v. Campbell, No. CR. 92-0234-04 (JHG) (D.D.C.) (985 F.Supp. 158) (November 25, 1997) (Judge Joyce Hens Green)

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

Filed under: Punch And Jurists

U.S. v. Campbell, No. CR. 92-0234-04 (JHG) (D.D.C.) (985 F.Supp. 158) (November 25, 1997) (Judge Joyce Hens Green) by It is rare that we feature, as our lead case, a decision that contains relatively nondescript and perfunctory recitations judicial platitudes; but we do so this week because there is far …

U.S. v. Damblu, No. 95-1206, No. 710 (2nd Cir.) (134 F.3d 490) (January 22, 1998) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Hypothetical Questions

U.S. v. Damblu, No. 95-1206, No. 710 (2nd Cir.) (134 F.3d 490) (January 22, 1998) (Judge Richard J. Cardamone) by This case is noted, briefly, because it explores, equally briefly, the all-too-frequent practice of asking hypothetical “guilt assuming” questions of the defendant’s character witnesses. In this case the defendant was …

U.S. v. Williams, No. 97-2576 (7th Cir.) (133 F.3d 1048) (January 16, 1998) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Hearsay Evidence/Exceptions

U.S. v. Williams, No. 97-2576 (7th Cir.) (133 F.3d 1048) (January 16, 1998) (Judge William J. Bauer) by The defendant in this case was convicted of armed bank robbery in violation of 18 U.S.C. § 2113(a) - despite the fact that both the district court and the Court of Appeals …

U.S. v. Thomas, No. 96-1660, No. 38 (2nd Cir.) (135 F.3d 873) (February 10, 1998) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Community Confinement/Home Detention

U.S. v. Thomas, No. 96-1660, No. 38 (2nd Cir.) (135 F.3d 873) (February 10, 1998) (Judge Guido Calabresi) by Case held that home detention is generally not permitted as an independent sentence in its own right. This case is noted primarily because it may help explain why the courts are …

Lambert v. Blackwell, No. 97-1281 (3rd Cir.) (134 F.3d 506) (December 29, 1997) (Judge Carol Los Mansmann)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Lambert v. Blackwell, No. 97-1281 (3rd Cir.) (134 F.3d 506) (December 29, 1997) (Judge Carol Los Mansmann) by Here the Third Circuit reversed Judge Dalzell's courageous decision in which he granted habeas relief due to gross prosecutorial misconduct on the technical grounds that the defendant had failed to exhaust her …

U.S. v. Trammell, No. 97-3045 (10th Cir.) (133 F.3d 1343) (January 12, 1998) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists

U.S. v. Trammell, No. 97-3045 (10th Cir.) (133 F.3d 1343) (January 12, 1998) (Judge Mary Beck Briscoe) by In 1991 Michael Trammell was indicted by the Sate of Kansas on three counts of failing to pay insurance premiums by an insurance agent, in violation of Kansas law. The case was …

U.S. v. Paniagua-Ramos, No. 97-1385 (1st Cir.) (135 F.3d 193) (February 3, 1998) (Judge Joseph A. Jr. DiClerico)

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

Filed under: Punch And Jurists

U.S. v. Paniagua-Ramos, No. 97-1385 (1st Cir.) (135 F.3d 193) (February 3, 1998) (Judge Joseph A. Jr. DiClerico) by This case is significant because it helps to clarify some of the legal principles that apply to jury instructions that are given when a jury appears deadlocked. Such instructions are commonly …