Search | Punch and Jurists

Calderon v. Thompson, No. 97-215 (U.S. Supreme Court) (523 U.S. 538; 118 S.Ct. 1489) (April 29, 1998) (Justice Kennedy)

Article • June 23, 2000

Filed under: Punch And Jurists, Appealable Issues/Orders

Calderon v. Thompson, No. 97-215 (U.S. Supreme Court) (523 U.S. 538; 118 S.Ct. 1489) (April 29, 1998) (Justice Kennedy) by Case held that the Ninth Circuit abused its discretion when, 2 days before the scheduled execution of the accused, it recalled its earlier mandate that had denied all habeas corpus …

Estelle v. Justice, No. 75-928 (U.S. Supreme Court) (426 U.S. 925; 96 S.Ct. 2637) (June 7, 1976) (Per Curiam)

Article • June 22, 2000

Filed under: Punch And Jurists, Mandamus, Writ of

Estelle v. Justice, No. 75-928 (U.S. Supreme Court) (426 U.S. 925; 96 S.Ct. 2637) (June 7, 1976) (Per Curiam) by Here the Court denied a petition for a writ of certiorari in this case, where a prison warden sought a writ of mandamus against Judge William Wayne Justice of Texas.

Stewart v. LaGrand, No. 98-1412 (U.S. Supreme Court) (526 U.S. 115; 119 S.Ct. 1018) (March 3, 1999) (Per Curiam)

Article • June 19, 2000

Filed under: Punch And Jurists, Procedural Default/Error

Stewart v. LaGrand, No. 98-1412 (U.S. Supreme Court) (526 U.S. 115; 119 S.Ct. 1018) (March 3, 1999) (Per Curiam) by Here Walter LaGrand was convicted of first-degree murder and sentenced to be executed by lethal gas. His conviction was affirmed on appeal in Arizona in 1987. At the time of …

Peguero v. U.S., No. 97-9217 (U.S. Supreme Court) (526 U.S. 23; 119 S.Ct. 961) (March 2, 1999) (Justice Kennedy)

Article • June 1, 2000 • from P&J February, 1999

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

Peguero v. U.S., No. 97-9217 (U.S. Supreme Court) (526 U.S. 23; 119 S.Ct. 961) (March 2, 1999) (Justice Kennedy) by At his sentencing on a drug conviction, the district court failed to advise the petitioner in this case of his right to file an appeal, as required by Fed.R.Crim.P. 32(a)(2). …

U.S. v. Black, No. 98-8056 (10th Cir.) (201 F.3d 1296) (January 27, 2000) (Judge Robert H. Henry)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Black, No. 98-8056 (10th Cir.) (201 F.3d 1296) (January 27, 2000) (Judge Robert H. Henry) by in this case, the defendant first argued that the waiver of appellate review set forth in his plea agreement was invalid because the district court itself did not address the waiver provision …

U.S. v. Lester, No. 98-4153 (8th Cir.) (200 F.3d 1179) (January 31, 2000) (Judge Morris Sheppard Arnold)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Lester, No. 98-4153 (8th Cir.) (200 F.3d 1179) (January 31, 2000) (Judge Morris Sheppard Arnold) by In this case the defendant signed a plea agreement in which he specifically undertook "to pay any restitution ordered by the District Court." He was then ordered to pay $138,941.40 in restitution, …

U.S. v. Thomas, No. 99-2612 (8th Cir.) (198 F.3d 1063) (December 30, 1999) (Judge Roger L. Wollman)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Appealable Issues/Orders

U.S. v. Thomas, No. 99-2612 (8th Cir.) (198 F.3d 1063) (December 30, 1999) (Judge Roger L. Wollman) by In this case the defendant was sentenced to 121 months in prison for his participation in a drug conspiracy. As part of his sentence he was ordered to refrain from associating with …

Chambers v. Bowersox, No. 97-3067 (8th Cir.) (197 F.3d 308) (November 5, 1999) (Per Curiam)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Stays

Chambers v. Bowersox, No. 97-3067 (8th Cir.) (197 F.3d 308) (November 5, 1999) (Per Curiam) by Here the Court acknowledged that in deciding its previous ruling it followed its rule that a certificate of appealability, specifying issues, is required in cases in which the notice of appeal is filed after …

Hollins v. Department of Corrections, No. 98-5777 (11th Cir.) (191 F.3d 1324) (October 5, 1999) (Judge Edward E. Carnes)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Electronic Filings/PACER System issues

Hollins v. Department of Corrections, No. 98-5777 (11th Cir.) (191 F.3d 1324) (October 5, 1999) (Judge Edward E. Carnes) by Here the Court held that the petitioner's failure to file a timely appeal, after his counsel relied on the district court's electonic records system containing a docket sheet which failed …

U.S. v. Robinson, No. 98-50271 (5th Cir.) (187 F.3d 516) (August 30, 1999) (Judge W. Eugene Davis)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Robinson, No. 98-50271 (5th Cir.) (187 F.3d 516) (August 30, 1999) (Judge W. Eugene Davis) by The Court stated: "It is clear from the plea colloquy that the district court did not ask Robinson whether he had read the written plea agreement and understood it. More importantly, the …

U.S. v. Martin, No. 98-3569 (8th Cir.) (180 F.3d 965) (June 10, 1999) (Judge C. Arlen Beam)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Martin, No. 98-3569 (8th Cir.) (180 F.3d 965) (June 10, 1999) (Judge C. Arlen Beam) by The Court firmly held that "Knoweldge of the possible location of a firearm . . . is not a showing of power and intention to exercise dominion and control over an object" …

U.S. v. Perez, No. Crim. 98-CR-10389-NG (D.Mass.) (46 F.Supp.2d 59) (April 8, 1999) (Judge Nancy Gertner)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Perez, No. Crim. 98-CR-10389-NG (D.Mass.) (46 F.Supp.2d 59) (April 8, 1999) (Judge Nancy Gertner) by In this case, Judge Gertner held that even limited appeal waiver provisions are against public policy and unenforceable; and she methodically rejected each of the five main arguments normally used to justify appeal …

Jones v. U.S., No. 97-5202 (6th Cir.) (178 F.3d 790) (May 28, 1999) (Judge R. Guy Jr. Cole)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Waiver of Appeal Rights

Jones v. U.S., No. 97-5202 (6th Cir.) (178 F.3d 790) (May 28, 1999) (Judge R. Guy Jr. Cole) by Here the Court modified its earlier opinion reported at 161 F.3d 397 by holding that the issue of the applicability of Guideline Amendment to petitioner's sentence was not properly before the …

U.S. v. Qualls, No. 95-50378 (9th Cir.) (172 F.3d 1136) (April 15, 1999) (Judge Cynthia Holcomb Hall)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Qualls, No. 95-50378 (9th Cir.) (172 F.3d 1136) (April 15, 1999) (Judge Cynthia Holcomb Hall) by On remand from the Supreme Court, the Ninth Circuit affirmed the defendant's conviction in light of Caron v. U.S., 524 U.S. 308 (1998), and held that retroactive application of the Supreme Court's …

U.S. v. Phillips, No. 98-50226 (9th Cir.) (174 F.3d 1074) (April 28, 1999) (Judge Donald P. Lay)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Phillips, No. 98-50226 (9th Cir.) (174 F.3d 1074) (April 28, 1999) (Judge Donald P. Lay) by In this case the defendant appealed a restitution order that was imposed at sentencing; and the government contended that the defendant had waived his right to appeal the restitution order as part …

U.S. v. Amlani, No. 98-50326 (9th Cir.) (169 F.3d 1189) (March 3, 1999) (Judge Cynthia Holcomb Hall)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Mandamus, Writ of

U.S. v. Amlani, No. 98-50326 (9th Cir.) (169 F.3d 1189) (March 3, 1999) (Judge Cynthia Holcomb Hall) by Citing its decision in Bauman v. United States Dist. Court, 557 F.2d 650, 654-55 (9th Cir. 1977), the Court identified the following five factors to be considered when determining whether an exercise …

U.S. v. Richardson, No. 98-30168 (5th Cir.) (168 F.3d 836) (March 1, 1999) (Per Curiam)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Richardson, No. 98-30168 (5th Cir.) (168 F.3d 836) (March 1, 1999) (Per Curiam) by The Court rejected the defendant's argument that notice of the firearm prohibition must expressly appear on the face of the pardon itself - and particularly noted that a letter he received as part of …

U.S. v. Gilliam, No. 97-3084 (D.C. Cir.) (167 F.3d 628) (February 26, 1999) (Judge Judith W. Rogers)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Gilliam, No. 97-3084 (D.C. Cir.) (167 F.3d 628) (February 26, 1999) (Judge Judith W. Rogers) by Here the Court reversed a conviction for possession of a firearm by a convicted felon because the Government failed to put into evidence a copy of the defendant's felony coၮviction which it …

U.S. v. Howle, No. 97-8165 (11th Cir.) (166 F.3d 1166) (February 5, 1999) (Judge Gerald B. Tjoflat)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Howle, No. 97-8165 (11th Cir.) (166 F.3d 1166) (February 5, 1999) (Judge Gerald B. Tjoflat) by In this case, the district judge told the defendant, who had executed a plea agreement containing a waiver of appeal provision, that it "invite[d] and welcome[d] an appeal." (Id., at 1168). In …

U.S. v. Goodman, No. 97-1513 (2nd Cir.) (165 F.3d 169) (January 20, 1999) (Judge Jon O. Newman)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Goodman, No. 97-1513 (2nd Cir.) (165 F.3d 169) (January 20, 1999) (Judge Jon O. Newman) by Here the 2nd Circuit again rejected an "unorthodox" plea agreement which required the defendant to waive the right to appeal "any sentence so long as it does not exceed the maximum term …