Search | Punch and Jurists

Love v. Menifee, No. 01-2192 (2nd Cir.) (333 F.3d 69) (June 13, 2003) (Judge Robert D. Sack)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Retroactivity, Punch And Jurists

Love v. Menifee, No. 01-2192 (2nd Cir.) (333 F.3d 69) (June 13, 2003) (Judge Robert D. Sack) by Here, joining ten other Circuits, the Second Circuit held that Apprendi does not apply retroactively to cases on collateral appeal. The other ten Circuits (and the decisions that so held) are: United …

Buchanan v. Angelone, No. 96-8400 (U.S. Supreme Court) (522 U.S. 269; 118 S.Ct. 757) (January 21, 1998) (Justice Rehnquist)

Article • June 7, 2003

Filed under: Jury Instructions, Punch And Jurists

Buchanan v. Angelone, No. 96-8400 (U.S. Supreme Court) (522 U.S. 269; 118 S.Ct. 757) (January 21, 1998) (Justice Rehnquist) by In this case, the Supreme Court upheld the constitutionality of the Virginia pattern capital sentencing instruction against a challenge on Eighth and Fourteenth Amendment grounds. As Justice Rehnquist explained: "This …

Andrade v. Chojnacki, No. 01-50154 (5th Cir.) (338 F.3d 448) (July 14, 2003) (Judge Edith H. Jones)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Recusal, Punch And Jurists

Andrade v. Chojnacki, No. 01-50154 (5th Cir.) (338 F.3d 448) (July 14, 2003) (Judge Edith H. Jones) by Few episodes in the history of American law enforcement have raised a greater furor than the FBI’s 51-day stakeout and subsequent siege of the Branch Davidian compound near Waco, TX. The siege …

Roell v. Withrow, No. 02-69 (U.S. Supreme Court) (538 U.S. 580; 123 S.Ct. 1696) (April 29, 2003) (Justice Souter)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Magistrates, Punch And Jurists

Roell v. Withrow, No. 02-69 (U.S. Supreme Court) (538 U.S. 580; 123 S.Ct. 1696) (April 29, 2003) (Justice Souter) by Pursuant to the Federal Magistrate Act of 1979, 28 U.S.C. § 636, federal magistrate judges may conduct “any or all proceedings in a jury or nonjury civil matter and order …

Wilson v. Terhune, No. 01-17448 (9th Cir.) (319 F.3d 477) (February 6, 2003) (Judge A. Wallace Tashima)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Mootness, Punch And Jurists

Wilson v. Terhune, No. 01-17448 (9th Cir.) (319 F.3d 477) (February 6, 2003) (Judge A. Wallace Tashima) by A state prisoner’s habeas petition seeking relief from disciplinary punishment was held properly dismissed on the grounds of mootness because by the time the inmate had exhausted his administrative remedies, the punishment …

Horn v. Banks, No. 01-1385 (U.S. Supreme Court) (536 U.S. 266; 122 S.Ct. 2147) (June 17, 2002) (Per Curiam)

Article • January 18, 2003 • from P&J May, 2002

Filed under: Retroactivity, Punch And Jurists

Horn v. Banks, No. 01-1385 (U.S. Supreme Court) (536 U.S. 266; 122 S.Ct. 2147) (June 17, 2002) (Per Curiam) by This is one of those remarkably recondite habeas corpus decisions that requires a wall map to keep up with the proper pecking order and priorities of a series of past …

Mills v. Maryland, No. 87-5367 (U.S. Supreme Court) (486 U.S. 367; 108 S.Ct. 1860) (June 6, 1988) (Justice Blackmun)

Article • January 18, 2003

Filed under: Jury Instructions, Punch And Jurists

Mills v. Maryland, No. 87-5367 (U.S. Supreme Court) (486 U.S. 367; 108 S.Ct. 1860) (June 6, 1988) (Justice Blackmun) by In this capital case, petitioner, a Maryland prison inmate, was tried by a state-court jury and convicted of the first-degree murder of his cellmate. In the trial's sentencing phase, the …

U.S. v. Ristovski, No. 01-1747 (6th Cir.) (312 F.3d 206) (December 4, 2002) (Judge Robert Holmes Bell)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Retroactivity, Punch And Jurists

U.S. v. Ristovski, No. 01-1747 (6th Cir.) (312 F.3d 206) (December 4, 2002) (Judge Robert Holmes Bell) by Here the defendant was convicted by a jury of subscribing false corporate tax returns and submitting false documents to the Internal Revenue Service. His conviction and sentence were affirmed in a decision …

Moran v. Clarke, No. 4:98-CV-556 CAS (E.D.Mo.) (213 F.Supp.2d 1067) (August 2, 2002) (Judge Charles A. Shaw)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Recusal, Punch And Jurists

Moran v. Clarke, No. 4:98-CV-556 CAS (E.D.Mo.) (213 F.Supp.2d 1067) (August 2, 2002) (Judge Charles A. Shaw) by This was a civil action for damages by the plaintiff police officer against various defendants, officers and attorneys, alleging violation of his substantive due process rights and malicious prosecution. In a previous …

Moran v. Clarke, No. 00-1015 (8th Cir.) (309 F.3d 516) (November 4, 2002) (Per Curiam)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Recusal, Punch And Jurists

Moran v. Clarke, No. 00-1015 (8th Cir.) (309 F.3d 516) (November 4, 2002) (Per Curiam) by This case is an extremely rare case of judicial racism and pique. This decision followed District Judge Charles Shaw's earlier decision, reported at 213 F.Supp.2d 1067 (E.D.Mo. 2002), where Judge Shaw - a Black …

Taylor v. Illinois, No. 86-5963 (U.S. Supreme Court) (484 U.S. 400; 108 S.Ct. 646) (January 25, 1988) (Justice Stevens)

Article • August 29, 2002

Filed under: Sanctions, Punch And Jurists

Taylor v. Illinois, No. 86-5963 (U.S. Supreme Court) (484 U.S. 400; 108 S.Ct. 646) (January 25, 1988) (Justice Stevens) by Here the Court upheld the trial court's exclusion of a witness pursuant to Rule 16(b)(1)(C) where the defendant deliberately failed to identify a witness prior to trial - although it …

Whitmore v. Arkansas, No. 88-7146 (U.S. Supreme Court) (495 U.S. 149; 110 S.Ct. 1717) (April 24, 1990) (Justice Rehnquist)

Article • July 2, 2002

Filed under: Standing, Punch And Jurists

Whitmore v. Arkansas, No. 88-7146 (U.S. Supreme Court) (495 U.S. 149; 110 S.Ct. 1717) (April 24, 1990) (Justice Rehnquist) by In this case the Supreme Court set forth the parameters under which a "next friend" achieves "standing" to bring suit in a Federal court. As an initial matter, the Court …

U.S. v. Bunnell, No. Crim. 02-13-B-S (D.Me.) (201 F.Supp.2d 169) (April 22, 2002) (Judge Magistrate)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Depositions, Punch And Jurists

U.S. v. Bunnell, No. Crim. 02-13-B-S (D.Me.) (201 F.Supp.2d 169) (April 22, 2002) (Judge Magistrate) by The defendant in this case was charged with possession of child pornography. As part of his defense, the defendant claimed that he possessed the pornography in connection with a course he took at a …

U.S. v. Golyansky, No. 01-1499 (10th Cir.) (291 F.3d 1245) (May 31, 2002) (Judge Bobby R. Baldock)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Sanctions, Punch And Jurists

U.S. v. Golyansky, No. 01-1499 (10th Cir.) (291 F.3d 1245) (May 31, 2002) (Judge Bobby R. Baldock) by The great Judge Jerome Frank once wrote: "If we continue to do nothing practical to prevent [prosecutorial misconduct], we should cease to disapprove it. For otherwise it will be as if we …

Hamdi v. Rumsfeld, No. 02-6827 (4th Cir.) (294 F.3d 598) (June 26, 2002) (Judge J. Harvie III Wilkinson)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Standing, Punch And Jurists

Hamdi v. Rumsfeld, No. 02-6827 (4th Cir.) (294 F.3d 598) (June 26, 2002) (Judge J. Harvie III Wilkinson) by Here the Court held that the Federal Public Defender did not have a sufficiently significant relationship with a detainee, captured as an alleged enemy combatant during military operations in Afghanistan, to …

Mathews v. U.S., No. 86-6109 (U.S. Supreme Court) (485 U.S. 58; 108 S.Ct. 883) (February 24, 1988) (Justice Rehnquist)

Article • May 19, 2002

Filed under: Standing, Punch And Jurists

Mathews v. U.S., No. 86-6109 (U.S. Supreme Court) (485 U.S. 58; 108 S.Ct. 883) (February 24, 1988) (Justice Rehnquist) by Here the Court held that a defendant may be entitled to a jury instruction on the affirmative defense of entrapment even if he denies one or more of the elements …

U.S. v. Golyansky, No. 01-1499 (10th Cir.) (281 F.3d 1330) (March 5, 2002) (Judge Bobby R. Baldock)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Sanctions, Punch And Jurists

U.S. v. Golyansky, No. 01-1499 (10th Cir.) (281 F.3d 1330) (March 5, 2002) (Judge Bobby R. Baldock) by The great Judge Jerome Frank once wrote: "If we continue to do nothing practical to prevent [prosecutorial misconduct], we should cease to disapprove it. For otherwise it will be as if we …

Pryor v. U.S., No. 00-5303 (6th Cir.) (278 F.3d 612) (January 25, 2002) (Judge Eric L. Clay)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Retroactivity, Punch And Jurists

Pryor v. U.S., No. 00-5303 (6th Cir.) (278 F.3d 612) (January 25, 2002) (Judge Eric L. Clay) by The specific issue addressed by the Court in this case was whether a habeas motion filed pursuant to 28 U.S.C. § 2255, to set aside a gun conviction under 18 U.S.C. § …

Calderon v. Ashmus, No. 97-391 (U.S. Supreme Court) (523 U.S. 740; 118 S.Ct. 1694) (May 26, 1998) (Justice Rehnquist)

Article • January 11, 2002

Filed under: Standing, Punch And Jurists

Calderon v. Ashmus, No. 97-391 (U.S. Supreme Court) (523 U.S. 740; 118 S.Ct. 1694) (May 26, 1998) (Justice Rehnquist) by Here the Court held that the defendant's action for declaratory judgment and injunctive relief was not a justiciable case within the meaning of Article III since no habeas proceeding had …

Simmons v. South Carolina, No. 92-9059 (U.S. Supreme Court) (512 U.S. 154; 114 S.Ct. 2187) (June 17, 1994) (Justice Blackmun)

Article • January 11, 2002

Filed under: Jury Instructions, Punch And Jurists

Simmons v. South Carolina, No. 92-9059 (U.S. Supreme Court) (512 U.S. 154; 114 S.Ct. 2187) (June 17, 1994) (Justice Blackmun) by In this case, the defendant was tried and convicted of capital murder. Under South Carolina law, the defendant was ineligible for parole because he had previously pleaded guilty to …