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: Jury Instructions, Punch And Jurists

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. Coenen, No. 97-30101 (5th Cir.) (135 F.3d 938) (February 18, 1998) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists, Megan's Laws

U.S. v. Coenen, No. 97-30101 (5th Cir.) (135 F.3d 938) (February 18, 1998) (Judge Rhesa Hawkins Barksdale) by This case presents a dramatically graphic illustration of some of the by-products of the prevailing "Scarlet Letter" mentality that is beginning to take hold in America as we begin to accelerate our …

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 QUOTE OF THE WEEK - Some observations on the view that the principles of “federalism” require the use of successive State and Federal prosecutions whenever one sovereign is highly displeased with the …

U.S. v. Meade, No. 97-10185-EFH (D.Mass.) (986 F.Supp. 66) (December 17, 1997) (Judge Edward F. Harrington)

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

Filed under: Punch And Jurists, Domestic Violence

U.S. v. Meade, No. 97-10185-EFH (D.Mass.) (986 F.Supp. 66) (December 17, 1997) (Judge Edward F. Harrington) by Here the Court held that the Federal statute defining "misdemeanor crime of domestic violence" (18 USC § 922(g)(9)) does not require predicate offense to have a domestic relationship element - only a use …

U.S. v. Guardia, No. 97-2053 (10th Cir.) (135 F.3d 1326) (February 2, 1998) (Judge Deanell R. Tacha)

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. Guardia, No. 97-2053 (10th Cir.) (135 F.3d 1326) (February 2, 1998) (Judge Deanell R. Tacha) by In this case the Court established a three-prong inquiry for determining the admissibility of sexual assault evidence under Fed.R.Evid. 413(a). Following its decision in U.S. v. Enjady, 134 F.3d 1427 (10th Cir. …

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

U.S. v. Adkinson, No. 92-2872 (11th Cir.) (135 F.3d 1363) (February 23, 1998) (Judge James C. Hill) by QUOTE OF THE WEEK - Some observations on the elastic, sprawling, pervasive offense of conspiracy. "This case [the Krulewitch case] illustrates a present drift in the federal law of conspiracy which warrants …

U.S. v. Tilghman, No. 96-3114 (D.C. Cir.) (134 F.3d 414) (February 3, 1998) (Judge David S. Tatel)

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

Filed under: Punch And Jurists

U.S. v. Tilghman, No. 96-3114 (D.C. Cir.) (134 F.3d 414) (February 3, 1998) (Judge David S. Tatel) by QUOTE OF THE WEEK - One view of the commonly-held fallacy that curative instructions are an effective means of undoing the damage that has been wrought by inappropriate comments and the admission …

U.S. v. Kithcart, No. 97-1168 (3rd Cir.) (134 F.3d 529) (January 12, 1998) (Judge Samuel A. Jr. Alito)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Kithcart, No. 97-1168 (3rd Cir.) (134 F.3d 529) (January 12, 1998) (Judge Samuel A. Jr. Alito) by Here the Court reversed a conviction after the police stopped two black males in a car after receiving radio alerts that two black males had robbed a series of banks, holding …

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 - Multiple Loss Causation

U.S. v. Brennick, No. 96-1969 (1st Cir.) (134 F.3d 10) (January 20, 1998) (Judge Michael Boudin) by Court held that the defendant's alleged intent to eventually repay withheld taxes to the Government could take the case out of the heartland of tax evasion cases.

U.S. v. Snyder, No. 97-1233 (1st Cir.) (136 F.3d 65) (February 12, 1998) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Snyder, No. 97-1233 (1st Cir.) (136 F.3d 65) (February 12, 1998) (Judge Bruce M. Selya) by In this case the First Circuit rejected Judge Harrington's eloquent call for reasonable restraints on the prosecution's ability to selectively single out certain State defendants for prosecution under higher-penalty federal crimes. When …

U.S. v. Pardue, No. 97-1730 (7th Cir.) (134 F.3d 1316) (January 26, 1998) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Pardue, No. 97-1730 (7th Cir.) (134 F.3d 1316) (January 26, 1998) (Judge Terrence T. Evans) by It is not too difficult for the average layman to understand why the Government would wait ten years before indicting a defendant for a crime that occurred ten years before. Normal people …

U.S. v. Wilson, No. 95-5581 (4th Cir.) (135 F.3d 291) (January 29, 1998) (Judge M. Blane Michael)

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

Filed under: Punch And Jurists, Summation

U.S. v. Wilson, No. 95-5581 (4th Cir.) (135 F.3d 291) (January 29, 1998) (Judge M. Blane Michael) by This case gives one scary example of how far some prosecutors will go to achieve a conviction - even if it means fabricating crimes and deliberately withholding material exculpatory evidence. In this …

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, Pre-Indictment Delay

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. Mankins, No. 97-40265 (5th Cir.) (135 F.3d 946) (February 18, 1998) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists, Predicate Acts/Offenses

U.S. v. Mankins, No. 97-40265 (5th Cir.) (135 F.3d 946) (February 18, 1998) (Judge Henry A. Politz) by Here the Court held that 21 USC § 843(b) is a "felony drug offense" under 21 USC § 841(b)(1)(B)(viii) because it prohibits drug distribution.

U.S. v. Coenen, No. 97-30101 (5th Cir.) (135 F.3d 938) (February 18, 1998) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists, Occupational Restrictions

U.S. v. Coenen, No. 97-30101 (5th Cir.) (135 F.3d 938) (February 18, 1998) (Judge Rhesa Hawkins Barksdale) by This case presents a dramatically graphic illustration of some of the by-products of the prevailing "Scarlet Letter" mentality that is beginning to take hold in America as we begin to accelerate our …

U.S. v. Gaskell, No. 97-4216 (11th Cir.) (134 F.3d 1039) (February 2, 1998) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Gaskell, No. 97-4216 (11th Cir.) (134 F.3d 1039) (February 2, 1998) (Judge Joel F. Dubina) by In this case the principal issue was whether the district court had erred by sentencing the defendant to five years probation for her conviction under the Assimilated Crimes Act (ACA) when the …

U.S. v. DeSantis, No. 96-4289 (6th Cir.) (134 F.3d 760) (January 20, 1998) (Judge James L. Ryan)

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

Filed under: Punch And Jurists

U.S. v. DeSantis, No. 96-4289 (6th Cir.) (134 F.3d 760) (January 20, 1998) (Judge James L. Ryan) by In this mail fraud/securities fraud case, one of the issues raised on appeal pertained to the refusal of the trial court to give certain requested jury instructions. The Sixth Circuit agreed and …

U.S. v. Barragan-Devis, No. 96-30304 (9th Cir.) (133 F.3d 1287) (January 20, 1998) (Judge Stephen S. Trott)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Barragan-Devis, No. 96-30304 (9th Cir.) (133 F.3d 1287) (January 20, 1998) (Judge Stephen S. Trott) 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. Pielago, No. 95-5405 (11th Cir.) (135 F.3d 703) (February 17, 1998) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Pielago, No. 95-5405 (11th Cir.) (135 F.3d 703) (February 17, 1998) (Judge Edward E. Carnes) by

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