Search | Punch and Jurists

U.S. v. Gecas, No. 93-3291 (11th Cir.) (120 F.3d 1419) (August 26, 1997) (Judge Gerald B. Tjoflat)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists

U.S. v. Gecas, No. 93-3291 (11th Cir.) (120 F.3d 1419) (August 26, 1997) (Judge Gerald B. Tjoflat) by The series of majority and dissenting opinions that evolved in this 65-page long decision contain one of the most exhaustive studies we have seen concerning the historical bases for, and the underlying …

U.S. v. Phillips, No. 95-8550 (11th Cir.) (120 F.3d 227) (August 22, 1997) (Judge Edward E. Carnes)

Article • September 1, 1997 • from P&J September, 1997

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

U.S. v. Phillips, No. 95-8550 (11th Cir.) (120 F.3d 227) (August 22, 1997) (Judge Edward E. Carnes) by As explained by the Court, "this is one of those cases in which the district court struggles against the constraints of the guidelines in order to impose what he feels is a …

U.S. v. Martinez, No. 96-30178 (9th Cir.) (122 F.3d 1161) (September 4, 1997) (Judge A. Wallace Tashima)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Martinez, No. 96-30178 (9th Cir.) (122 F.3d 1161) (September 4, 1997) (Judge A. Wallace Tashima) by The Ninth Circuit has issued another strong entrapment decision in which it affirmed Judge Panner’s decision to grant a judgment of acquittal on the grounds that the defendant had been unlawfully entrapped …

U.S. v. Zizzo, No. 95-1643 (7th Cir.) (120 F.3d 1338) (July 29, 1997) (Judge Terrence T. Evans)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Zizzo, No. 95-1643 (7th Cir.) (120 F.3d 1338) (July 29, 1997) (Judge Terrence T. Evans) by This is one of those classic appeals arising from the conviction of many members of a "crime syndicate" - and from the opening paragraph Judge Evans had great difficulty restraining the urge …

U.S. v. Wisniewski, No. 96-1348, No. 1051 (2nd Cir.) (121 F.3d 54) (July 30, 1997) (Per Curiam)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Wisniewski, No. 96-1348, No. 1051 (2nd Cir.) (121 F.3d 54) (July 30, 1997) (Per Curiam) by Court reversed district court finding that a person was not a leader because a co-defendant played a larger role in the conspiracy.

U.S. v. Valenti, No. 96-2517, 96-2726 (7th Cir.) (121 F.3d 327) (August 14, 1997) (Judge Harlington Jr. Wood)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists

U.S. v. Valenti, No. 96-2517, 96-2726 (7th Cir.) (121 F.3d 327) (August 14, 1997) (Judge Harlington Jr. Wood) by Here the Seventh Circuit joined a majority of the Circuits in holding that the statute of limitations does not limit what actions a court may consider as relevant conduct when sentencing …

Alexander v. U.S., No. 97-9087 (7th Cir.) (121 F.3d 312) (August 8, 1997) (Judge Frank H. Easterbrook)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists

Alexander v. U.S., No. 97-9087 (7th Cir.) (121 F.3d 312) (August 8, 1997) (Judge Frank H. Easterbrook) by In this case, the Seventh Circuit took a slightly different tack than many of the other Circuits in deciding whether a prisoner made a valid claim that the new provisions of the …

U.S. v. Monem, No. 97-1220 (7th Cir.) (120 F.3d 645) (July 24, 1997) (Judge Joel L. Flaum)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Monem, No. 97-1220 (7th Cir.) (120 F.3d 645) (July 24, 1997) (Judge Joel L. Flaum) by Court held that district court was not required to identify specific assets from which defendant could pay fine because of defendant's use of a false social security card and a demonstrated willingness …

U.S. v. Pitner, No. CR96-500C (W.D.Wash.) (969 F.Supp. 1246) (June 23, 1997) (Judge John C. Coughenour)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Polygraph Evidence/Testing

U.S. v. Pitner, No. CR96-500C (W.D.Wash.) (969 F.Supp. 1246) (June 23, 1997) (Judge John C. Coughenour) by This is another of the growing number of cases that are addressing the issue of the use of polygraph evidence in criminal trials. Citing the Supreme Court's decision in Daubert v. Merrell Dow …

Clarke v. Stalder, No. 96-30313 (5th Cir.) (121 F.3d 222) (September 9, 1997) (Judge Reynaldo G. Garza)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Retaliation, Punch And Jurists

Clarke v. Stalder, No. 96-30313 (5th Cir.) (121 F.3d 222) (September 9, 1997) (Judge Reynaldo G. Garza) by In its decision, the Court emphasized that "the First Amendment protects a significant amount of verbal criticism and challenge directed at police officers". (Id., at 228). Here, it also emphasized that it …

U.S. v. Carrasco, No. S1-97-CR-89(SAS) (S.D.N.Y.) (968 F.Supp. 948) (July 7, 1997) (Judge Shira A. Scheindlin)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Forum/Judge Shopping

U.S. v. Carrasco, No. S1-97-CR-89(SAS) (S.D.N.Y.) (968 F.Supp. 948) (July 7, 1997) (Judge Shira A. Scheindlin) by Once again Judge Scheindlin has shown her mettle. In this case she courageously exposed and condemned a nasty game of judicial forum shopping by the prosecutors. After the State failed to convict the …

U.S. v. Taylor, No. 96-2613 (8th Cir.) (119 F.3d 625) (July 10, 1997) (Judge Theodore McMillian)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Taylor, No. 96-2613 (8th Cir.) (119 F.3d 625) (July 10, 1997) (Judge Theodore McMillian) by

Humphrey v. Cain, No. 95-31101 (5th Cir.) (120 F.3d 526) (August 14, 1997) (Judge Patrick E. Higginbotham)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists

Humphrey v. Cain, No. 95-31101 (5th Cir.) (120 F.3d 526) (August 14, 1997) (Judge Patrick E. Higginbotham) by Case contains a detailed analysis of the Supreme Court's current jurisprudence concerning jury instructions that improperly define the meaning of "reasonable doubt.". Once again a Court of Appeals has attempted to make …

Perez v. Marshall, No. 96-16950 (9th Cir.) (119 F.3d 1422) (July 22, 1997) (Judge Stephen S. Trott)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Jurors - Removal/Excusing

Perez v. Marshall, No. 96-16950 (9th Cir.) (119 F.3d 1422) (July 22, 1997) (Judge Stephen S. Trott) by The issue in this case was whether a trial judge violated a defendant's Sixth Amendment rights to a fair trial by dismissing a juror when it knew that the juror in question …

Beverati v. Smith, No. 96-7520 (4th Cir.) (120 F.3d 500) (August 11, 1997) (Judge William W. Jr. Wilkins)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Civil Rights Violations

Beverati v. Smith, No. 96-7520 (4th Cir.) (120 F.3d 500) (August 11, 1997) (Judge William W. Jr. Wilkins) by Not too long ago, Chief Judge Posner wrote: "We should have a realistic conception of the composition of the prison and jail population before deciding that they are scum entitled to …

U.S. v. Pitner, No. CR96-500C (W.D.Wash.) (969 F.Supp. 1246) (June 23, 1997) (Judge John C. Coughenour)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Polygraph Evidence/Testing

U.S. v. Pitner, No. CR96-500C (W.D.Wash.) (969 F.Supp. 1246) (June 23, 1997) (Judge John C. Coughenour) by This is another of the growing number of cases that are addressing the issue of the use of polygraph evidence in criminal trials. Citing the Supreme Court's decision in Daubert v. Merrell Dow …

U.S. v. Tham, No. 95-9533 (11th Cir.) (118 F.3d 1501) (August 11, 1997) (Judge Susan H. Black)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists

U.S. v. Tham, No. 95-9533 (11th Cir.) (118 F.3d 1501) (August 11, 1997) (Judge Susan H. Black) by In this case the Court rejected the defendant's contention should not have employed the arson level for homicide because the death that occurred was to a participant in the offense. The defendant …

U.S. v. Kemmish, No. 96-50241 (9th Cir.) (120 F.3d 937) (July 15, 1997) (Judge Edward Leavy)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation

U.S. v. Kemmish, No. 96-50241 (9th Cir.) (120 F.3d 937) (July 15, 1997) (Judge Edward Leavy) by Case held that defendant's activities as a "trafficker" in child pornography did not constitute a pattern of sexual exploitation that would support a sentence enhancement under § 2G2.2(b)(4).

Martin v. Bissonette, No. 96-1856 (1st Cir.) (118 F.3d 871) (May 29, 1997) (Judge Bruce M. Selya)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Filing Fees, Punch And Jurists

Martin v. Bissonette, No. 96-1856 (1st Cir.) (118 F.3d 871) (May 29, 1997) (Judge Bruce M. Selya) by Martin v. Bissonette, 118 F.3d 871 (1st Cir. 1997) (Judge Selya) In Re Stone, 118 F.3d 1032 (5th Cir. 1997) (Judge Little) The courts continue to attempt to decipher the intent of …

U.S. v. Muhammad, No. 96-2434 (7th Cir.) (120 F.3d 688) (July 21, 1997) (Judge John L. Jr. Kane)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Benefits received

U.S. v. Muhammad, No. 96-2434 (7th Cir.) (120 F.3d 688) (July 21, 1997) (Judge John L. Jr. Kane) by Case suggests that a defendant need not receive any benefits directly in order to have his sentence adjusted under § 2C1.1(b)(2)(A) - but see U.S. v. Agostino, 132 F.3d 1183, 1196-98 …