Search | Punch and Jurists

Neal v. Shimoda, No. 95-16564 (9th Cir.) (131 F.3d 818) (December 11, 1997) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Megan's Laws

Neal v. Shimoda, No. 95-16564 (9th Cir.) (131 F.3d 818) (December 11, 1997) (Judge Thomas G. Nelson) by The plaintiff alleged sex offenders appealed the judgment of the District of Hawaii, which granted summary judgment to defendant prison administrators on plaintiffs' claims brought under 42 U.S.C. § 1983, alleging that …

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, Drug Mixtures/Purity

U.S. v. Dierling, No. 97-1021 (8th Cir.) (131 F.3d 722) (December 9, 1997) (Judge Diana E. Murphy) by Court rejected a claim that the district court erred by attributing to the defendant the full weight of the drugs involved on the grounds that only 0.5% of the mixture was drugs …

Museitef v. U.S., No. 96-3195 (8th Cir.) (131 F.3d 714) (November 10, 1997) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Reimbursement of Costs

Museitef v. U.S., No. 96-3195 (8th Cir.) (131 F.3d 714) (November 10, 1997) (Judge Diana E. Murphy) by This case shows another of the many vindictive sides of Big Brother. Here, after the Government failed in its efforts to convict the defendant, it promptly moved to bankrupt him. Here’s what …

U.S. v. Hunter, No. Cr. No. 97-37-N (M.D.Ala.) (980 F.Supp. 1439) (October 28, 1997) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Hunter, No. Cr. No. 97-37-N (M.D.Ala.) (980 F.Supp. 1439) (October 28, 1997) (Judge Myron H. Thompson) by The Court noted that "the Sentencing Commission has made it clear that possession of the weapon at the site of the offense conduct is not a strict requirement for a sentence …

U.S. v. Underwood, No. 95-2155 (7th Cir.) (130 F.3d 1225) (November 21, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Underwood, No. 95-2155 (7th Cir.) (130 F.3d 1225) (November 21, 1997) (Per Curiam) by At first blush, this decision appears to be nothing more than a routine denial of an en banc rehearing of a previously reported case. In U.S. v. Underwood, 122 F.3d 389 (7th Cir. 1997) …

U.S. v. Gaines, No. 96-6159-CR (S.D.Fla.) (979 F.Supp. 1429) (October 3, 1997) (Judge Alan S. Gold)

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

Filed under: Punch And Jurists, Scientific Testimony or Evidence

U.S. v. Gaines, No. 96-6159-CR (S.D.Fla.) (979 F.Supp. 1429) (October 3, 1997) (Judge Alan S. Gold) by United States v. Call, 129 F.3d 1402 (10th Cir. 1997) (Judge Baldock) United States v. Gaines, 979 F.Supp. 1429 (S.D.Fla. 1997) (Judge Gold) The impact of the Supreme Court's decision in Daubert v. …

Fraternal Order of Police v. U.S., No. 97-0145 (JR) (D.D.C.) (981 F.Supp. 1) (October 2, 1997) (Judge James Robertson)

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

Filed under: Punch And Jurists, Equal Protection Clause/Claims

Fraternal Order of Police v. U.S., No. 97-0145 (JR) (D.D.C.) (981 F.Supp. 1) (October 2, 1997) (Judge James Robertson) by

Dougan v. Singletary, No. 93-2008 (11th Cir.) (129 F.3d 1424) (December 1, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Dougan v. Singletary, No. 93-2008 (11th Cir.) (129 F.3d 1424) (December 1, 1997) (Per Curiam) by Specifically the court held that the immediate termination provisions of the PLRA were constitutional. Court rejected a series of challenges to the prospective relief provisions of the PLRA, including arguments based on Separation of …

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, Rule of Completeness

Howard v. Moore, No. 95-4017 (4th Cir.) (131 F.3d 399) (December 9, 1997) (Judge Karen J. Williams) by Here the Court rejected a claim that the district court had erred by failing to admit his entire confession because the only portions excluded were portions that inculpated another person and dၩd …

U.S. v. Hebert, No. 96-41240 (5th Cir.) (131 F.3d 514) (December 15, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Hebert, No. 96-41240 (5th Cir.) (131 F.3d 514) (December 15, 1997) (Per Curiam) by Here the Court held that the Hobbs Act justified Federal action (and a sentence of 215 years in prion) in a case where the defenant was convicted of 7 bank robberies where he netted …

U.S. v. Boyd, No. 94-8074 (11th Cir.) (131 F.3d 951) (December 18, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Improper Comments

U.S. v. Boyd, No. 94-8074 (11th Cir.) (131 F.3d 951) (December 18, 1997) (Per Curiam) by Reflecting the dilemma created by the judicial rule that a defendant is not entitled to a reversal of his conviction based on improper comments by the prosecutor, the Court emphasized that such inaction "does …

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, Character/Reputation/Propensity

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 of specific acts is not admissible under fed.R.Evid. 405(b) when character is not an element of the crime charged." (id., at 542).

McDowell v. Calderon, No. 96-99000 (9th Cir.) (130 F.3d 833) (November 24, 1997) (Judge Stephen S. Trott)

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

Filed under: Jury Instructions, Punch And Jurists

McDowell v. Calderon, No. 96-99000 (9th Cir.) (130 F.3d 833) (November 24, 1997) (Judge Stephen S. Trott) by Case held that jury's confusion as to whether it could consider certain evidence as mitigating, in a capital sentencing proceeding, and judge's failure to adequately correct jury's misconception, resulted in an Eighth …

U.S. v. Bapack, No. 96-3172 (D.C. Cir.) (129 F.3d 1320) (December 5, 1997) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Bapack, No. 96-3172 (D.C. Cir.) (129 F.3d 1320) (December 5, 1997) (Judge Karen LeCraft Henderson) by Court rejected claim that restitution order of $62,000 was improper in case of a defendant who had no money, four minor children to support and who would be ordered deported upon completion …

U.S. v. Norman, No. 96-1342 (10th Cir.) (129 F.3d 1393) (November 28, 1997) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Norman, No. 96-1342 (10th Cir.) (129 F.3d 1393) (November 28, 1997) (Judge Stephen H. Anderson) by Here the Court vacated an enhancement for obstruction of justice, based on the defendant's conduct of attempting to conceal guns at the time of his arrest, due to the language of Application …

U.S. v. Chen, No. 95-5036 (4th Cir.) (131 F.3d 375) (October 31, 1997) (Judge Karen J. Williams)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Chen, No. 95-5036 (4th Cir.) (131 F.3d 375) (October 31, 1997) (Judge Karen J. Williams) by Equally divided en banc court affirmed a § 924(c) conviction, despite incorrect jury instructions on the meaning of "use" of a gun, which six judges felt was harmless error.

U.S. v. Bapack, No. 96-3172 (D.C. Cir.) (129 F.3d 1320) (December 5, 1997) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Bapack, No. 96-3172 (D.C. Cir.) (129 F.3d 1320) (December 5, 1997) (Judge Karen LeCraft Henderson) by Court held no error in applying sentencing enhancements both for managerial role under U.S.S.G. § 3B1.1(c) and for more than minimal planning under § 2F1.1(b)(2)(A).

U.S. v. Gaines, No. 96-6159-CR (S.D.Fla.) (979 F.Supp. 1429) (October 3, 1997) (Judge Alan S. Gold)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Gaines, No. 96-6159-CR (S.D.Fla.) (979 F.Supp. 1429) (October 3, 1997) (Judge Alan S. Gold) by Court held that DNA evidence based on the PCR method was admissible in criminal proceedings.

U.S. v. Seals, No. 96-3108 (D.C. Cir.) (130 F.3d 451) (December 5, 1997) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Seals, No. 96-3108 (D.C. Cir.) (130 F.3d 451) (December 5, 1997) (Judge Karen LeCraft Henderson) by Court vacated conviction as "career offender", because of its prior ruling that the pre-1995 version of § 4B1.1 did not apply to crimes not listed in 18 U.S.C. § 994(h).

Wood v. Hall, No. 96-35868 (9th Cir.) (130 F.3d 373) (November 19, 1997) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists

Wood v. Hall, No. 96-35868 (9th Cir.) (130 F.3d 373) (November 19, 1997) (Judge Alfred T. Goodwin) by Court noted that adverse collateral consequences continue to flow from an underlying conviction following release from custody and probation stating that "there is an 'irrebuttable' presumption that collateral consequences arise from any …