Search | Punch and Jurists

U.S. v. DeFries, No. 96-3015 (D.C. Cir.) (129 F.3d 1293) (December 2, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Mandates and the Mandate Rule

U.S. v. DeFries, No. 96-3015 (D.C. Cir.) (129 F.3d 1293) (December 2, 1997) (Per Curiam) by Court reversed a RICO conviction because district court violated the Mandate Rule and took jurisdiction of a case while on appeal. It is little wonder that RICO charges have become the Holy Grail of …

U.S. v. Doyle, No. 96-1542, No. 1352 (2nd Cir.) (130 F.3d 523) (December 4, 1997) (Judge James L. Oakes)

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Filed under: Punch And Jurists, Self-Authentication

U.S. v. Doyle, No. 96-1542, No. 1352 (2nd Cir.) (130 F.3d 523) (December 4, 1997) (Judge James L. Oakes) by Case held that evidence authenticated under Rule 902(3) must still be admissible under other rules of evidence including those governing hearsay.

Howard v. Moore, No. 95-4017 (4th Cir.) (131 F.3d 399) (December 9, 1997) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Batson Claims

Howard v. Moore, No. 95-4017 (4th Cir.) (131 F.3d 399) (December 9, 1997) (Judge Karen J. Williams) by The district court held, and the Court of Appeals ageed, that the striking of of six out of seven black venirepersons constituted a prima facie case of discrimination; but that case was …

U.S. v. Johnson, No. 96-6393 (10th Cir.) (130 F.3d 1420) (December 16, 1997) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Johnson, No. 96-6393 (10th Cir.) (130 F.3d 1420) (December 16, 1997) (Judge Mary Beck Briscoe) by Here the Court held that an indictment which charged possession of a gun by a felon in violation of 18 USC § 922(g)(1) and possession of the same gun by an unlawful …

U.S. v. Dierling, No. 97-1021 (8th Cir.) (131 F.3d 722) (December 9, 1997) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Dierling, No. 97-1021 (8th Cir.) (131 F.3d 722) (December 9, 1997) (Judge Diana E. Murphy) by

U.S. v. DeFries, No. 96-3015 (D.C. Cir.) (129 F.3d 1293) (December 2, 1997) (Per Curiam)

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

Filed under: RICO, Punch And Jurists

U.S. v. DeFries, No. 96-3015 (D.C. Cir.) (129 F.3d 1293) (December 2, 1997) (Per Curiam) by QUOTE OF THE WEEK - The careful thought that went into the enactment of the RICO forfeiture laws! "The Comprehensive Crime Control Act of 1984, which included the Comprehensive Forfeiture Act of 1984, amending …

U.S. v. Valenzuela-Escalante, No. 96-4147 (10th Cir.) (130 F.3d 944) (December 5, 1997) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Valenzuela-Escalante, No. 96-4147 (10th Cir.) (130 F.3d 944) (December 5, 1997) (Judge William J. Jr. Holloway) by United States v. Hinojosa-Lopez, 130 F.3d 691 (5th Cir. 1997) (Judge King) United States v. Valenzuela-Escalante, 130 F.3d 944 (10th Cir. 1997) (Judge Holloway) It is hard to deny that alien …

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi) by This case raises two significant issues - neither of which can really be gleaned from a reading of the bland and dulcet tones of the Court's decision. For that reason, we …

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi) by This case raises two significant issues - neither of which can really be gleaned from a reading of the bland and dulcet tones of the Court's decision. For that reason, we …

U.S. v. Trapilo, No. 97-1011 (2nd Cir.) (130 F.3d 547) (December 5, 1997) (Judge Thomas J. Meskill)

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

Filed under: Punch And Jurists

U.S. v. Trapilo, No. 97-1011 (2nd Cir.) (130 F.3d 547) (December 5, 1997) (Judge Thomas J. Meskill) by This case held that a scheme to defraud a foreign government of tax revenues was cognizable under the wire fraud statutes. "The statute reaches any scheme to defraud involving money or property, …

U.S. v. Doyle, No. 96-1542, No. 1352 (2nd Cir.) (130 F.3d 523) (December 4, 1997) (Judge James L. Oakes)

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

Filed under: Punch And Jurists

U.S. v. Doyle, No. 96-1542, No. 1352 (2nd Cir.) (130 F.3d 523) (December 4, 1997) (Judge James L. Oakes) by This is an important, albeit highly technical, case dealing with the presumption of innocence, jury instructions, reasonable doubt and harmless error review - all rolled into a single case; and …

Groseclose v. Bell, No. 95-6262 (6th Cir.) (130 F.3d 1161) (December 2, 1997) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Strickland Standard

Groseclose v. Bell, No. 95-6262 (6th Cir.) (130 F.3d 1161) (December 2, 1997) (Judge James L. Ryan) by The petitioner in this case was convicted of a murder that took place more than 20 years ago, in 1977. He was convicted and sentenced to death - and now, after all …

Rowe v. Lamb, No. 96-1879 (8th Cir.) (130 F.3d 812) (November 28, 1997) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Search and Seizure

Rowe v. Lamb, No. 96-1879 (8th Cir.) (130 F.3d 812) (November 28, 1997) (Judge C. Arlen Beam) by The Court stated: "Because the terms of his probation order provided that he was subject to a warrantless search of his home at any time by any law enforcement officer, and because …

U.S. v. Catton, No. 96-3984 (7th Cir.) (130 F.3d 805) (December 9, 1997) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists

U.S. v. Catton, No. 96-3984 (7th Cir.) (130 F.3d 805) (December 9, 1997) (Judge Richard A. Posner) by Here, principally because the defendant had failed to request an evidentiary hearing on the issue in the district court, the Court held that the defendant was not entitled to use the "goading …

Mackall v. Angelone, No. 95-4018 (4th Cir.) (131 F.3d 442) (December 18, 1997) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Mackall v. Angelone, No. 95-4018 (4th Cir.) (131 F.3d 442) (December 18, 1997) (Judge William W. Jr. Wilkins) by In his dissent, Judge Butzner framed the issue in this case as follows: "Did Mackall have a right to the assistance of competent counsel to pursue the issue of allegedly incompetent …

Ayala v. Speckard, No. 95-2463, No. 1304 (2nd Cir.) (131 F.3d 62) (December 3, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Closure of Courtroom

Ayala v. Speckard, No. 95-2463, No. 1304 (2nd Cir.) (131 F.3d 62) (December 3, 1997) (Judge Jon O. Newman) by This disturbing en banc decision consolidates and re-addresses appeals in three separate, previous decisions - namely, Ayala v. Speckard, 89 F.3d 91 (2nd Cir. 1996) ("Ayala I"); Okonkwo v. Lacy, …

Groseclose v. Bell, No. 95-6262 (6th Cir.) (130 F.3d 1161) (December 2, 1997) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Strickland Standard

Groseclose v. Bell, No. 95-6262 (6th Cir.) (130 F.3d 1161) (December 2, 1997) (Judge James L. Ryan) by The petitioner in this case was convicted of a murder that took place more than 20 years ago, in 1977. He was convicted and sentenced to death - and now, after all …

Britton v. Maloney, No. Civ. No. 93-11430-NG (D.Mass.) (981 F.Supp. 25) (September 26, 1997) (Judge Nancy Gertner)

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

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

Britton v. Maloney, No. Civ. No. 93-11430-NG (D.Mass.) (981 F.Supp. 25) (September 26, 1997) (Judge Nancy Gertner) by In sharp contrast to the callousness and circumvention that sometimes emanates from the prairie plains of Texas, comes this legal gem from one of the most intellectually honest judges in America - …

U.S. v. Barakat, No. 96-5013 (11th Cir.) (130 F.3d 1448) (December 15, 1997) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists

U.S. v. Barakat, No. 96-5013 (11th Cir.) (130 F.3d 1448) (December 15, 1997) (Judge Edward E. Carnes) by Case was remanded for a determination of whether the court took into account only conduct directly related to the offense of conviction. Here the Court held that "unless the use of sophisticated …

U.S. v. Kuku, No. 95-9552 (11th Cir.) (129 F.3d 1435) (December 2, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Statutory Index

U.S. v. Kuku, No. 95-9552 (11th Cir.) (129 F.3d 1435) (December 2, 1997) (Per Curiam) by In a case involving counterfeit identification cards, the Court ruled that the district court erred by using § 2F1.1 rather than § 2L2.1 to calculate the defendant's sentence.