Search | Punch and Jurists

U.S. v. Thomas, No. 95-3023 (D.C. Cir.) (97 F.3d 1499) (October 18, 1996) (Judge A. Raymond Randolph)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Thomas, No. 95-3023 (D.C. Cir.) (97 F.3d 1499) (October 18, 1996) (Judge A. Raymond Randolph) by

U.S. v. Houlihan, No. 95-1614 (1st Cir.) (92 F.3d 1271) (August 22, 1996) (Judge Bruce M. Selya)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Houlihan, No. 95-1614 (1st Cir.) (92 F.3d 1271) (August 22, 1996) (Judge Bruce M. Selya) by Case held that the Government does not violate the Jencks Act by instructing all but most senior prosecutors to refrain from taking notes during pretrial interviews.

U.S. v. Owens, No. 95-10397 (D.Mass.) (933 F.Supp. 76) (June 25, 1996) (Judge William G. Young)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Owens, No. 95-10397 (D.Mass.) (933 F.Supp. 76) (June 25, 1996) (Judge William G. Young) by This is a powerful and important decision about the prosecution's practice of deferring disclosure of materials about its own witnesses until after those witnesses have testified, as permitted under the Jencks Act [18 …

U.S. v. Owens, No. 95-10397 (D.Mass.) (933 F.Supp. 76) (June 25, 1996) (Judge William G. Young)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Owens, No. 95-10397 (D.Mass.) (933 F.Supp. 76) (June 25, 1996) (Judge William G. Young) by QUOTE OF THE WEEK - The uneven playing field created by the Jencks Act. "The failure to provide full disclosure of the government's case early in the proceedings limits a defendant's ability to …

U.S. v. Martinez, No. 95-20619 (5th Cir.) (87 F.3d 731) (June 28, 1996) (Judge Will L. Garwood)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Martinez, No. 95-20619 (5th Cir.) (87 F.3d 731) (June 28, 1996) (Judge Will L. Garwood) by United States v. Roseboro, 87 F.3d 642 (4th Cir. 1996) (Judge Niemeyer) United States v. Martinez, 87 F.3d 731 (5th Cir. 1996) (Judge Garwood) Both of these cases deal with the scope …

U.S. v. Aramony, No. 95-5532 (4th Cir.) (88 F.3d 1369) (July 17, 1996) (Judge Clyde H. Hamilton)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Relevance

U.S. v. Aramony, No. 95-5532 (4th Cir.) (88 F.3d 1369) (July 17, 1996) (Judge Clyde H. Hamilton) by This is one of those cases that stretches the elastic limits of the term "relevant", as used in Rule 404(b) of the Fed.R.Evid., to cover just about anything needed to obtain a …

U.S. v. Roseboro, No. 94-5902 (4th Cir.) (87 F.3d 642) (June 20, 1996) (Judge Paul V. Niemeyer)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Roseboro, No. 94-5902 (4th Cir.) (87 F.3d 642) (June 20, 1996) (Judge Paul V. Niemeyer) by United States v. Roseboro, 87 F.3d 642 (4th Cir. 1996) (Judge Niemeyer) United States v. Martinez, 87 F.3d 731 (5th Cir. 1996) (Judge Garwood) Both of these cases deal with the scope …

Hays v. State of Ala., No. 95-6378 (11th Cir.) (85 F.3d 1492) (June 6, 1996) (Judge James Larry Edmondson)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Exculpatory Evidence - Disclosure Obligations

Hays v. State of Ala., No. 95-6378 (11th Cir.) (85 F.3d 1492) (June 6, 1996) (Judge James Larry Edmondson) by Relying on the Supreme Court's decision in Kyles v. Whitley, 514 U.S. 419 (1995), the Court held that a showing of materiality does not require proving that dusclosure of the …

U.S. v. Cuffie, No. 92-3263 (D.C. Cir.) (80 F.3d 514) (April 5, 1996) (Judge Judith W. Rogers)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Cuffie, No. 92-3263 (D.C. Cir.) (80 F.3d 514) (April 5, 1996) (Judge Judith W. Rogers) by This decision is a further amplification of the D.C. Circuit's important ruling in U.S. v. Smith, 77 F.3d 511 (D.C.Cir. 1996) about the prosecutor's duty, under the Brady rule, to disclose material …

U.S. v. Smith, No. 92-3220 (D.C. Cir.) (77 F.3d 511) (March 5, 1996) (Judge Harry T. Edwards)

Article • April 1, 1996 • from P&J April, 1996

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Smith, No. 92-3220 (D.C. Cir.) (77 F.3d 511) (March 5, 1996) (Judge Harry T. Edwards) by This is a revealing case that sheds new light on the prosecutor's duty to disclose material evidence favorable to a defendant. Here, the D.C. Circuit reverses a drug conviction and orders a …

U.S. v. Lin Lyn Trading, Ltd., No. 94-CR-168G (D.Utah) (911 F.Supp. 494) (January 11, 1996) (Judge J. Thomas Greene)

Article • March 1, 1996 • from P&J March, 1996

Filed under: Punch And Jurists, Criminally Culpable Persons

U.S. v. Lin Lyn Trading, Ltd., No. 94-CR-168G (D.Utah) (911 F.Supp. 494) (January 11, 1996) (Judge J. Thomas Greene) by

U.S. v. Payne, No. 94-1613 (2nd Cir.) (63 F.3d 1200) (August 23, 1995) (Judge Amalya Lyle Kearse)

Article • October 1, 1995

Filed under: Punch And Jurists, Material to the Preparation of the Defense

U.S. v. Payne, No. 94-1613 (2nd Cir.) (63 F.3d 1200) (August 23, 1995) (Judge Amalya Lyle Kearse) by In this case, the Court agreed with the defendant that there had been a Brady rule violation because the Government had suppressed an affidavit that it knew about; but it held that …

Sanchez v. U.S., No. 93-56315 (9th Cir.) (50 F.3d 1448) (March 21, 1995) (Judge Dorothy Wright Nelson)

Article • January 1, 1995

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Sanchez v. U.S., No. 93-56315 (9th Cir.) (50 F.3d 1448) (March 21, 1995) (Judge Dorothy Wright Nelson) by Here, although the Court ultimately held there was no Brady-rule violation, it endorsed the proposition that the failure to disclose Brady material can render a plea not voluntary and intelligent, thus giving …

U.S. v. Kojayan, No. 91-50875 (9th Cir.) (8 F.3d 1315) (August 4, 1993) (Judge Alex Kozinski)

Article • January 1, 1994

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Kojayan, No. 91-50875 (9th Cir.) (8 F.3d 1315) (August 4, 1993) (Judge Alex Kozinski) by In a scathing condemnation of the Government's prosecutorial misconduct, the Court remanded the case back to the district court to determine whether the entire case should be dismissed for prosecutorial misconduct. Here the …