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U.S. v. Barrios-Gutierrez, No. 99-10148 (9th Cir.) (218 F.3d 1118) (July 14, 2000) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Collateral and Direct Consequences

U.S. v. Barrios-Gutierrez, No. 99-10148 (9th Cir.) (218 F.3d 1118) (July 14, 2000) (Judge Betty Binns Fletcher) by United States v. Barrios-Gutierrez, 218 F.3d 1118 (9th Cir. 2000) (Judge Fletcher) United States v. Littlejohn, 224 F.3d 960 (9th Cir. 2000) (Judge Trott) Both of these cases raise some surprisingly rare …

U.S. v. Vonn, No. 98-50385 (9th Cir.) (224 F.3d 1152) (September 14, 2000) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Vonn, No. 98-50385 (9th Cir.) (224 F.3d 1152) (September 14, 2000) (Judge Alex Kozinski) by The issue addressed by the Court in this case was whether the defendant's conviction should be set aside because the district court failed to advise the defendant, at his plea allocution, of his …

Schell v. Witek, No. 97-56197 (9th Cir.) (218 F.3d 1017) (July 11, 2000) (Judge Stephen S. Trott)

Article • August 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Conflict of Interest

Schell v. Witek, No. 97-56197 (9th Cir.) (218 F.3d 1017) (July 11, 2000) (Judge Stephen S. Trott) by Here, amending in minor respects a panel's decision, the Court held that the existence of a “toxic” conflict between a public defender and her client required a hearing to determine whether the …

Godinez v. Moran, No. 92-715 (U.S. Supreme Court) (509 U.S. 389; 113 S.Ct. 2680) (June 24, 1993) (Justice Thomas)

Article • July 2, 2000

Filed under: Punch And Jurists, Pro Se Issues

Godinez v. Moran, No. 92-715 (U.S. Supreme Court) (509 U.S. 389; 113 S.Ct. 2680) (June 24, 1993) (Justice Thomas) by Here the Court rejected the notion that a defendant who represents himself must have greater powers of comprehension, judgment, and reason than would be necessary to stand trial with the …

Marshall v. Jerrico, Inc., No. 79-253 (U.S. Supreme Court) (446 U.S. 238; 100 S.Ct. 1610) (April 28, 1980) (Justice Marshall)

Article • July 1, 2000

Filed under: Punch And Jurists, Conflict of Interest

Marshall v. Jerrico, Inc., No. 79-253 (U.S. Supreme Court) (446 U.S. 238; 100 S.Ct. 1610) (April 28, 1980) (Justice Marshall) by Here the Court rejected a claim that a provision of the Fair Labor Standards Act violated the Due Process Clause because it provided that civil penalties collected should be …

U.S. v. Gomez-Perez, No. 00-1036 (2nd Cir.) (215 F.3d 315) (June 15, 2000) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Anders Brief

U.S. v. Gomez-Perez, No. 00-1036 (2nd Cir.) (215 F.3d 315) (June 15, 2000) (Judge Fred I. Parker) by In this case the Second Circuit addressed a problem that has been spawned by the “relatively recent phenomenon” of appeal-waiver provisions in plea agreements: what does appointed counsel do for a client …

Wheat v. U.S., No. 87-4 (U.S. Supreme Court) (486 U.S. 153; 108 S.Ct. 1692) (May 23, 1988) (Justice Rehnquist)

Article • June 22, 2000

Filed under: Punch And Jurists, Conflict of Interest

Wheat v. U.S., No. 87-4 (U.S. Supreme Court) (486 U.S. 153; 108 S.Ct. 1692) (May 23, 1988) (Justice Rehnquist) by In this case the Court emphasized that "while the right to select and be represented by one's preferred attorney is comprehended by the Sixth Amendment, the essential aim of the …

Estelle v. McGuire, No. 90-1074 (U.S. Supreme Court) (502 U.S. 62; 112 S.Ct. 475) (December 4, 1991) (Justice Rehnquist)

Article • June 17, 2000

Filed under: Punch And Jurists, Battered Child/Spouse Evidence

Estelle v. McGuire, No. 90-1074 (U.S. Supreme Court) (502 U.S. 62; 112 S.Ct. 475) (December 4, 1991) (Justice Rehnquist) by In this case the Ninth Circuit granted a writ of habeas corpus and reversed a conviction, holding that evidence of a prior injury was erroneously admitted to establish battered child …

Penson v. Ohio, No. 87-6116 (U.S. Supreme Court) (488 U.S. 75; 109 S.Ct. 346) (November 29, 1988) (Justice Stevens)

Article • June 17, 2000

Filed under: Punch And Jurists, Anders Brief

Penson v. Ohio, No. 87-6116 (U.S. Supreme Court) (488 U.S. 75; 109 S.Ct. 346) (November 29, 1988) (Justice Stevens) by Case held that when counsel fails to raise arguable issues in an appellate brief, the petitioner need not show prejudice under Strickland, because such failure creates a presumption of prejudice. …

U.S. v. Byrd, No. 99-2480 (7th Cir.) (208 F.3d 592) (March 31, 2000) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Byrd, No. 99-2480 (7th Cir.) (208 F.3d 592) (March 31, 2000) (Judge Terrence T. Evans) by In this case, the defendant-prisoner was charged with assaulting a police officer and interfering with two law enforcement agents who were transporting him, fully shackled, to testify as a defense witness in …

U.S. v. Fernandez, No. 98-1146 (7th Cir.) (205 F.3d 1020) (March 9, 2000) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Fernandez, No. 98-1146 (7th Cir.) (205 F.3d 1020) (March 9, 2000) (Judge William J. Bauer) by Here, while acknowledging that Rule 11 does not require "literal compliance," a failure to advise the defendant that he faced a mandatory minimium sentence was error that was not harmless. In this …

Martinez v. Court of Appeals of California, Fourth Appellate Dist., No. 98-7809 (U.S. Supreme Court) (528 U.S. 152; 120 S.Ct. 684) (January 12, 2000) (Justice Stevens)

Article • March 7, 2000 • from P&J December, 1999

Filed under: Punch And Jurists, Pro Se Issues

Martinez v. Court of Appeals of California, Fourth Appellate Dist., No. 98-7809 (U.S. Supreme Court) (528 U.S. 152; 120 S.Ct. 684) (January 12, 2000) (Justice Stevens) by Here the Court held that a criminal defendant's constitutional right to represent himself at trial, that was recognized in Faretta v. California, 422 …

Hughes v. Booker, No. 98-60786 (5th Cir.) (203 F.3d 894) (February 24, 2000) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Anders Brief

Hughes v. Booker, No. 98-60786 (5th Cir.) (203 F.3d 894) (February 24, 2000) (Judge Emilio M. Garza) by In this case, a pro se prisoner incarcerated in the Parchman Penitentiary in Mississipi accomplished a rare feat - he proved that he had been denied effective assistance of counsel - warranting …

U.S. v. Matta-Timmins, No. Crim.A. 99-10116 (D.Mass.) (81 F.Supp.2d 193) (March 3, 2000) (Judge Patti B. Saris)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Matta-Timmins, No. Crim.A. 99-10116 (D.Mass.) (81 F.Supp.2d 193) (March 3, 2000) (Judge Patti B. Saris) by

U.S. v. Hernandez, No. 98-50206 (9th Cir.) (203 F.3d 614) (February 11, 2000) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Hernandez, No. 98-50206 (9th Cir.) (203 F.3d 614) (February 11, 2000) (Judge Stephen Reinhardt) by In this case, the district court denied the defendant's request to represent himself at trial because he decided that the defendant did not know enough about the legal issues in the case. After …

U.S. v. Padilla, No. 98-1360 (2nd Cir.) (203 F.3d 156) (February 7, 2000) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Padilla, No. 98-1360 (2nd Cir.) (203 F.3d 156) (February 7, 2000) (Judge John M. Jr. Walker) by Second Circuit hed that the defendants' Sixth Amendment right to counsel was not violated when a court order prevented their attorneys from telling them that they were being investigated for alleged …

Rodriquez v. U.S., No. 749 (U.S. Supreme Court) (395 U.S. 327; 89 S.Ct. 1715) (June 2, 1969) (Justice Marshall)

Article • February 29, 2000

Filed under: Punch And Jurists, Strickland Standard

Rodriquez v. U.S., No. 749 (U.S. Supreme Court) (395 U.S. 327; 89 S.Ct. 1715) (June 2, 1969) (Justice Marshall) by Case held that where counsel's failure to file an appeal within the alloted time period precluded an appeal, a habeas petitioner need not specify the grounds he would raise if …

Roe v. Flores-Ortega, No. 98-1441 (U.S. Supreme Court) (528 U.S. 470; 120 S.Ct. 1029) (February 23, 2000) (Justice O'Connor)

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

Filed under: Punch And Jurists, Strickland Standard

Roe v. Flores-Ortega, No. 98-1441 (U.S. Supreme Court) (528 U.S. 470; 120 S.Ct. 1029) (February 23, 2000) (Justice O'Connor) by Supreme Court vacated a decision by the Ninth Circuit which granted relief to a defendant whose counsel failed to file a notice of appeal based on its precedent that counsel's …

U.S. v. Farhad, No. 97-10044 (9th Cir.) (190 F.3d 1097) (September 13, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Farhad, No. 97-10044 (9th Cir.) (190 F.3d 1097) (September 13, 1999) (Per Curiam) by This is an interesting case that deals with the dangers of a defendant acting pro se. Here, the Ninth Circuit rejected a defense claim that the defendant had not knowingly, intelligently and unequivocally waived …

Atley v. Ault, No. 98-3603 (8th Cir.) (191 F.3d 865) (September 15, 1999) (Judge Richard H. Kyle)

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

Filed under: Punch And Jurists, Conflict of Interest

Atley v. Ault, No. 98-3603 (8th Cir.) (191 F.3d 865) (September 15, 1999) (Judge Richard H. Kyle) by In this case the Eighth Circuit held that a state court's pretrial inquiry into an alleged conflict of interest stemming from his appointment as an upcoming prosecutor was inadequate, and it granted …