Search | Punch and Jurists

U.S. v. Redmon, No. 96-3361 (7th Cir.) (117 F.3d 1036) (June 27, 1997) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Redmon, No. 96-3361 (7th Cir.) (117 F.3d 1036) (June 27, 1997) (Judge Harlington Jr. Wood) by In its ruling, the Court relied on on its prior holding in U.S. v. Hernandez, 79 F.3d 584 (7th Cir. 1996) and the Supreme Court's ruling in U.S. v. LaBonte. Case held …

U.S. v. Lasky, No. CR 97-127 (ADS) (E.D.N.Y.) (967 F.Supp. 749) (June 10, 1997) (Judge Arthur D. Spatt)

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

Filed under: Punch And Jurists

U.S. v. Lasky, No. CR 97-127 (ADS) (E.D.N.Y.) (967 F.Supp. 749) (June 10, 1997) (Judge Arthur D. Spatt) by QUOTE OF THE WEEK - Indictments: Are they a sword or a shield? "The grand jury plays a unique role in the federal criminal process. But just what that role is …

U.S. v. Killingsworth, No. 96-6021 (10th Cir.) (117 F.3d 1159) (June 30, 1997) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Necessity

U.S. v. Killingsworth, No. 96-6021 (10th Cir.) (117 F.3d 1159) (June 30, 1997) (Judge David M. Ebel) by Case rejected claims that the Government had failed to meet the necessity and minizimations requirements of its application for a wiretap order and its procedures after the wiretap was in place.

U.S. v. Sanchez, No. 96-4215 (4th Cir.) (118 F.3d 192) (June 30, 1997) (Judge James Dickson Jr. Phillips)

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

Filed under: Punch And Jurists, Polygraph Evidence/Testing

U.S. v. Sanchez, No. 96-4215 (4th Cir.) (118 F.3d 192) (June 30, 1997) (Judge James Dickson Jr. Phillips) by In this case the defendant was denied permission to cross-examine a cooperating co-conspirator about a polygraph test she had failed in the course of her cooperation, and he argued that he …

U.S. v. Smith, No. 2:93CR162 (E.D.Va.) (966 F.Supp. 408) (June 5, 1997) (Judge Robert G. Doumar)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Smith, No. 2:93CR162 (E.D.Va.) (966 F.Supp. 408) (June 5, 1997) (Judge Robert G. Doumar) by This is a revealing decision dealing with the new one year limitation on the filing of petitions under 18 U.S.C. § 2255, that became operative with the adoption of the Antiterrorism and Effective …

U.S. v. Griffith, No. 96-30655 (5th Cir.) (118 F.3d 318) (July 17, 1997) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Griffith, No. 96-30655 (5th Cir.) (118 F.3d 318) (July 17, 1997) (Judge Fortunato P. Benavides) by Here the Court held that it was proper for a DEA agent to testify about the meaning of various wiretapped conversations, even though she had not been qualified as an expert. Citing …

U.S. v. Pankhurst, No. 96-20563 (5th Cir.) (118 F.3d 345) (July 18, 1997) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists

U.S. v. Pankhurst, No. 96-20563 (5th Cir.) (118 F.3d 345) (July 18, 1997) (Judge Rhesa Hawkins Barksdale) by Government is entitled to advance notice of downward departures.

U.S. v. Grant, No. 96-10981 (5th Cir.) (117 F.3d 788) (August 8, 1997) (Judge W. Eugene Davis)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Grant, No. 96-10981 (5th Cir.) (117 F.3d 788) (August 8, 1997) (Judge W. Eugene Davis) by

U.S. v. Lasky, No. CR 97-127 (ADS) (E.D.N.Y.) (967 F.Supp. 749) (June 10, 1997) (Judge Arthur D. Spatt)

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

Filed under: Punch And Jurists, Bill of Particulars

U.S. v. Lasky, No. CR 97-127 (ADS) (E.D.N.Y.) (967 F.Supp. 749) (June 10, 1997) (Judge Arthur D. Spatt) by United States v. Murgas, 967 F.Supp. 695 (N.D.N.Y. 1997) United States v. Lasky, 967 F.Supp. 749 (E.D.N.Y. 1997) Among the many issues reviewed in these two cases are questions about when, …

U.S. v. O'Neil, No. 96-1623, No. 1531 (2nd Cir.) (118 F.3d 65) (June 18, 1997) (Judge Roger J. Miner)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. O'Neil, No. 96-1623, No. 1531 (2nd Cir.) (118 F.3d 65) (June 18, 1997) (Judge Roger J. Miner) by In rendering its decision, the Court observed that although a "defendant's failure to pay fees may cause some divisiveness between attorney and client", courts generally presume that counsel will subordinate …

U.S. v. Yoakam, No. 96-3207 (10th Cir.) (116 F.3d 1346) (June 27, 1997) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists

U.S. v. Yoakam, No. 96-3207 (10th Cir.) (116 F.3d 1346) (June 27, 1997) (Judge Paul J. Jr. Kelly) by Here the Court vacated an arson conviction on the grounds that the Government had failed to prove its case. In this case, the Tenth Circuit reversed an arson conviction on the …

McBride v. Johnson, No. 96-10270 (5th Cir.) (118 F.3d 432) (August 1, 1997) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Hearsay Evidence/Exceptions

McBride v. Johnson, No. 96-10270 (5th Cir.) (118 F.3d 432) (August 1, 1997) (Judge Carl E. Stewart) by This is an important decision that holds that the Texas Board of Corrections violated the petitioner's constitutional rights to procedural due process when it revoked the petitioner's parole on the basis of …

U.S. v. Redmon, No. 96-3361 (7th Cir.) (117 F.3d 1036) (June 27, 1997) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Searches - Home/Curtilage

U.S. v. Redmon, No. 96-3361 (7th Cir.) (117 F.3d 1036) (June 27, 1997) (Judge Harlington Jr. Wood) by Case held that defendant did not have objectively reasonable expectation of privacy in garbage cans located close to house.

U.S. v. Saborit, No. CR 96-4043-MWB (N.D.Iowa) (967 F.Supp. 1136) (June 23, 1997) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, New Trial - Motions for

U.S. v. Saborit, No. CR 96-4043-MWB (N.D.Iowa) (967 F.Supp. 1136) (June 23, 1997) (Judge Mark W. Bennett) by Case reviewed differences between motion for judgment of acquittal and motion for new trial. This is another important and well-argued case in which Judge Bennett, with his usual methodical care and precision, …

U.S. v. Rostoff, No. 96-10558-WGY (D.Mass.) (966 F.Supp. 1275) (June 3, 1997) (Judge William G. Young)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Rostoff, No. 96-10558-WGY (D.Mass.) (966 F.Supp. 1275) (June 3, 1997) (Judge William G. Young) by At first reading, this case presented Judge Young with the opportunity to present some rather intemperate views about how the Federal Debt Collection Act (18 U.S.C. § 3001 et seq.) should be utilized …

U.S. v. Griffith, No. 96-30655 (5th Cir.) (118 F.3d 318) (July 17, 1997) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Griffith, No. 96-30655 (5th Cir.) (118 F.3d 318) (July 17, 1997) (Judge Fortunato P. Benavides) by Here the Court held that defense counsel's question to his client "Would you like to take the stand and testify?" was improper, but in view of instructions to the jury, the comment …

Marts v. Hines, No. 94-30513 (5th Cir.) (117 F.3d 1504) (July 18, 1997) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists, Dismissal

Marts v. Hines, No. 94-30513 (5th Cir.) (117 F.3d 1504) (July 18, 1997) (Judge Henry A. Politz) by At first glance it is surprising that this case generated sufficient interest to warrant an en banc hearing. After all it "only" involved an appeal by a prisoner from a district court's …

U.S. v. Rosario, No. 96-5286 (3rd Cir.) (118 F.3d 160) (July 10, 1997) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists, Counterfeiting and Forgery

U.S. v. Rosario, No. 96-5286 (3rd Cir.) (118 F.3d 160) (July 10, 1997) (Judge Timothy K. Lewis) by This case is noted for Judge Nygaard's dissent in which he stated: "The government argues that the combination of wholly ambiguous tertimony from a handwriting expert and equivical testimony from a witness …

U.S. v. Bridges, No. 96-30963 (5th Cir.) (116 F.3d 1110) (June 27, 1997) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Bridges, No. 96-30963 (5th Cir.) (116 F.3d 1110) (June 27, 1997) (Judge Carl E. Stewart) by Here the Court held that the district court lacked jurisdiction to modify the original sentence imposed, even though the district court granted the defendant's motion to stay entry of the judgment and …

U.S. v. O'Neil, No. 96-1623, No. 1531 (2nd Cir.) (118 F.3d 65) (June 18, 1997) (Judge Roger J. Miner)

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

Filed under: Punch And Jurists

U.S. v. O'Neil, No. 96-1623, No. 1531 (2nd Cir.) (118 F.3d 65) (June 18, 1997) (Judge Roger J. Miner) by One of the issues raised in this huge telemarketing fraud case was whether the district court had properly applied a sentencing enhancement under § 3A1.1 on elderly victims. The Court …