Search | Punch and Jurists

U.S. v. Wright, No. 96-4559 (4th Cir.) (131 F.3d 1111) (December 19, 1997) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Wright, No. 96-4559 (4th Cir.) (131 F.3d 1111) (December 19, 1997) (Judge J. Michael Luttig) by United States v. Wright, 131 F.3d 1111 (4th Cir. 1997) (Judge Luttig) The defendant in this case was arrested while in possession of a 3.25 gram rock (or 1/10th of an ounce) …

Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young)

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

Filed under: Punch And Jurists, Unpublished/Withdrawn/Redacted Decisions

Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young) by United States v. Ortega-Mendoza, 981 F.Supp. 694 (D.D.C. 1997) (Judge Oberdorfer) Pimental v. United States, 981 F.Supp. 697 (D.Mass. 1997) (Judge Young) These two cases, related by a common issue, are …

Hill v. Butterworth, No. 97-2192 (11th Cir.) (133 F.3d 783) (December 15, 1997) (Judge Joseph Woodrow Hatchett)

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

Filed under: Punch And Jurists, Opt-In Requirements for Truncated Judicial Review

Hill v. Butterworth, No. 97-2192 (11th Cir.) (133 F.3d 783) (December 15, 1997) (Judge Joseph Woodrow Hatchett) by Case explored the six requirements that must exist before a state is eligible to qualify for the truncated review provisions of the "op-in" provisions of the AEDPA.

U.S. v. Queen, No. 96-4085 (4th Cir.) (132 F.3d 991) (December 29, 1997) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists

U.S. v. Queen, No. 96-4085 (4th Cir.) (132 F.3d 991) (December 29, 1997) (Judge Paul V. Niemeyer) by QUOTE OF THE WEEK - The completely spurious and apocryphal doctrines that often lie behind the Federal Rules of Evidence. "Beyond the fringe of the rules of evidence lies a dim region …

McDuffie v. Hopper, No. Civ. A. 96-A-1300-N (M.D.Ala.) (982 F.Supp. 817) (October 23, 1997) (Judge William H. III Albritton)

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

Filed under: Punch And Jurists, Prison Conditions

McDuffie v. Hopper, No. Civ. A. 96-A-1300-N (M.D.Ala.) (982 F.Supp. 817) (October 23, 1997) (Judge William H. III Albritton) by Famous quote from Justice Brennan in which he vividly described the "netherworld" of prison life where people live in conditions totally controlled by governmental power. QUOTE OF THE WEEK - …

U.S. v. Johnson, No. 96-10575 (9th Cir.) (132 F.3d 1279) (December 29, 1997) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Johnson, No. 96-10575 (9th Cir.) (132 F.3d 1279) (December 29, 1997) (Judge Cynthia Holcomb Hall) by United States v. Queen, 132 F.3d 991 (4th Cir. 1997) (Judge Niemeyer) United States v. Johnson, 132 F.3d 1279 (9th Cir. 1997) (Judge Hall) One of the most persistent and confusing conflicts …

U.S. v. Bolden, No. 96-3274 (10th Cir.) (132 F.3d 1353) (December 30, 1997) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Attempts/Incomplete Acts

U.S. v. Bolden, No. 96-3274 (10th Cir.) (132 F.3d 1353) (December 30, 1997) (Judge Michael R. Murphy) by As this case shows, Section 2X1.1 of the Guidelines is one of the most misunderstood provisions of the Guidelines. That section covers attempts, solicitation and conspiracy; and it provides that the base …

U.S. v. Agostino, No. 97-2105 (7th Cir.) (132 F.3d 1183) (December 22, 1997) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists

U.S. v. Agostino, No. 97-2105 (7th Cir.) (132 F.3d 1183) (December 22, 1997) (Judge Michael S. Kanne) by Citing a number of cases, including U.S. v. Daddino, 5 F.3d 262, 266 (7th Cir. 1993), the Court affirmed that "when a discrepancy exists between an oral and written sentence, the oral …

Carriger v. Stewart, No. 95-99025 (9th Cir.) (132 F.3d 463) (December 17, 1997) (Judge Mary M. Schroeder)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

Carriger v. Stewart, No. 95-99025 (9th Cir.) (132 F.3d 463) (December 17, 1997) (Judge Mary M. Schroeder) by Here the Court found that the Government's Brady rule violations entitled the defendant to habeas relief and emphasized the special considerations that apply when the Government uses witnessess who have been granted …

Westcott v. Crinklaw, No. 96-3700 (8th Cir.) (133 F.3d 658) (January 9, 1998) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Damages - Compensatory

Westcott v. Crinklaw, No. 96-3700 (8th Cir.) (133 F.3d 658) (January 9, 1998) (Judge John R. Gibson) by Case held that a finding of excessive force does not entitle the victim to compensatory damages as a matter of law. Considering that the number of cases involving claims for damages under …

Bloom v. Calderon, No. 95-99005 (9th Cir.) (132 F.3d 1267) (December 24, 1997) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Strickland Standard

Bloom v. Calderon, No. 95-99005 (9th Cir.) (132 F.3d 1267) (December 24, 1997) (Judge David R. Thompson) by Case held that trial counsel was constitutionally ineffective due to his failure to obtain and prepare psychiatric witness; and that such ineffective assistance of counsel seriously prejudiced the defendant to the degree …

Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young)

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

Filed under: Punch And Jurists, Status as an Alien

Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young) by Despite citing nine unpublished decisions that have approved the practice, the Court relied on U.S. v. Clase-Espinal, 115 F.3d 1054 (1st Cir. 1997) to hold that a waiver related to alienage …

U.S. v. Latouf, No. 95-4095 (6th Cir.) (132 F.3d 320) (December 18, 1997) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists

U.S. v. Latouf, No. 95-4095 (6th Cir.) (132 F.3d 320) (December 18, 1997) (Judge Nathaniel R. Jones) by Case held that a restaurant had a "substantial effect on interstate commerce" for purposes of the Federal arson statute.

U.S. v. Wilson, No. 96-4498 (4th Cir.) (133 F.3d 251) (December 23, 1997) (Judge Paul V. Niemeyer)

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

Filed under: Clean Water Act, Punch And Jurists

U.S. v. Wilson, No. 96-4498 (4th Cir.) (133 F.3d 251) (December 23, 1997) (Judge Paul V. Niemeyer) by If the Hobbs Act doesn’t raise any concerns about the inexorable expansion of Federal intervention into our daily lives, perhaps this case will. The defendant was a land developer with more than …

U.S. v. Westmoreland, No. CRIM.A. 3:97-00034 (S.D.W.Va.) (982 F.Supp. 376) (October 9, 1997) (Judge Joseph R. Goodwin)

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

Filed under: Excessive Force, Punch And Jurists

U.S. v. Westmoreland, No. CRIM.A. 3:97-00034 (S.D.W.Va.) (982 F.Supp. 376) (October 9, 1997) (Judge Joseph R. Goodwin) by This case gives a new dimension to the DEA’s interpretation of a proper “seizure” under the Fourth Amendment. To it, the permissible scope of seizures includes “heart seizures.” A doctor was charged …

U.S. v. Queen, No. 96-4085 (4th Cir.) (132 F.3d 991) (December 29, 1997) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Queen, No. 96-4085 (4th Cir.) (132 F.3d 991) (December 29, 1997) (Judge Paul V. Niemeyer) by Here the Court held that evidence that the defendant had, some 10 years previously, engaged in two acts of witness tampering was admissible to show the defendant's intent in the instant case. …

U.S. v. Agostino, No. 97-2105 (7th Cir.) (132 F.3d 1183) (December 22, 1997) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists

U.S. v. Agostino, No. 97-2105 (7th Cir.) (132 F.3d 1183) (December 22, 1997) (Judge Michael S. Kanne) by This case brings back the Government’s second most-favorite statute (conspiracy will always be No. 1) - 18 U.S.C. § 666 - which covers theft or bribery “concerning programs receiving Federal funds.” As …

Petta v. Rivera, No. 95-40157 (5th Cir.) (133 F.3d 330) (January 16, 1998) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Petta v. Rivera, No. 95-40157 (5th Cir.) (133 F.3d 330) (January 16, 1998) (Judge John M. Jr. Duhé) by Over a strong dissent from Judge Dennis, the Court held that a police officer who knowingly and wantonly fired his .357 magnum at a family van containing two innocent children was …

U.S. v. Smith, No. 96-1245 (10th Cir.) (133 F.3d 737) (December 31, 1997) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Senior Citizens Against Marketing Scams Act

U.S. v. Smith, No. 96-1245 (10th Cir.) (133 F.3d 737) (December 31, 1997) (Judge Wade Brorby) by Although the Court held that the vulnerable victim enhancement cannot be based solely on a victim's membership in a certain class, the enhancement does not require a finding that the defendant targeted his …

DeLisle v. Rivers, No. 96-1198 (6th Cir.) (132 F.3d 298) (December 8, 1997) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Publicity - Prejudicial

DeLisle v. Rivers, No. 96-1198 (6th Cir.) (132 F.3d 298) (December 8, 1997) (Judge James L. Ryan) by This habeas case involved a highly publicized murder case in which a father was accused of drowning his four children by driving them into the Detroit River. His defense was that it …