Search | Punch and Jurists

U.S. v. Haynes, No. 98-30221 (9th Cir.) (216 F.3d 789) (June 16, 2000) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Haynes, No. 98-30221 (9th Cir.) (216 F.3d 789) (June 16, 2000) (Judge M. Margaret McKeown) by Both this case and the Seventh Circuit's decision in U.S. v. Brimah, 214 F.3d 854 (7th Cir. 2000) give a detailed review of some of the issues related to the application of …

Michigan v. Lucas, No. 90-149 (U.S. Supreme Court) (500 U.S. 145; 111 S.Ct. 1743) (May 20, 1991) (Justice O'Connor)

Article • June 23, 2000

Filed under: Punch And Jurists, Rape Shield Rule

Michigan v. Lucas, No. 90-149 (U.S. Supreme Court) (500 U.S. 145; 111 S.Ct. 1743) (May 20, 1991) (Justice O'Connor) by Here the Supreme Court reversed Michigan's per se rule that the notice requirement in its rape shield law violated the Sixth Amendment in all cases, thus upholding such laws as …

Dawson v. Delaware, No. 90-6704 (U.S. Supreme Court) (503 U.S. 159; 112 S.Ct. 1093) (March 9, 1992) (Justice Rehnquist)

Article • June 22, 2000

Filed under: Punch And Jurists, Gang Membership

Dawson v. Delaware, No. 90-6704 (U.S. Supreme Court) (503 U.S. 159; 112 S.Ct. 1093) (March 9, 1992) (Justice Rehnquist) by Case held that both the 1st and 14th Amendments prohibit the introduction in a capital sentencing hearing of the fact that the defendant was a member of an arganization called …

Donnelly v. De Christoforo, No. 72-1570 (U.S. Supreme Court) (416 U.S. 637; 94 S.Ct. 1868) (May 13, 1974) (Justice Rehnquist)

Article • June 21, 2000

Filed under: Punch And Jurists, Summation

Donnelly v. De Christoforo, No. 72-1570 (U.S. Supreme Court) (416 U.S. 637; 94 S.Ct. 1868) (May 13, 1974) (Justice Rehnquist) by Here the Court reversed a lower court decision that had held that a prosecutor's comments during summation were improper and prejudicial, based on its examination of the entire proceedings …

Massachusetts v. Sheppard, No. 82-963 (U.S. Supreme Court) (468 U.S. 981; 104 S.Ct. 3424) (July 5, 1984) (Justice White)

Article • June 11, 2000

Filed under: Punch And Jurists, Exclusionary Rule

Massachusetts v. Sheppard, No. 82-963 (U.S. Supreme Court) (468 U.S. 981; 104 S.Ct. 3424) (July 5, 1984) (Justice White) by This case involved the application of the rules articulated by the Supreme Court in United States v Leon, 486 U.S. 897 (1984) (which was decided the same day) and dealt …

U.S. v. Saada, No. 99-5126 (3rd Cir.) (212 F.3d 210) (May 15, 2000) (Judge Stanley S. Harris)

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

Filed under: Punch And Jurists, Impeachment

U.S. v. Saada, No. 99-5126 (3rd Cir.) (212 F.3d 210) (May 15, 2000) (Judge Stanley S. Harris) by In this case, the defendants were charged with a number of crimes arising out of an alleged staged flooding at a warehouse, caused by a broken sprinkler head, which led to damages …

U.S. v. Carroll, No. 99-2940 (8th Cir.) (207 F.3d 465) (March 15, 2000) (Judge Pasco M. II Bowman)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Carroll, No. 99-2940 (8th Cir.) (207 F.3d 465) (March 15, 2000) (Judge Pasco M. II Bowman) by As this case shows, one of the most conceptually confusing topics in criminal law is the use of “prior bad acts” evidence during a criminal trial. That issue is extremely important, …

U.S. v. Abel, No. 83-935 (U.S. Supreme Court) (469 U.S. 45; 105 S.Ct. 465) (December 10, 1984) (Justice Rehnquist)

Article • April 14, 2000

Filed under: Punch And Jurists, Gang Membership

U.S. v. Abel, No. 83-935 (U.S. Supreme Court) (469 U.S. 45; 105 S.Ct. 465) (December 10, 1984) (Justice Rehnquist) by In this case, the Supreme Court held that gang affiliation evidence was admissible at trial when relevant to a material issue. The Court concluded that the evidence at issue here …

U.S. v. Gaudin, No. 95-514 (U.S. Supreme Court) (515 U.S. 506; 115 S.Ct. 2310) (June 19, 1995) (Justice Scalia)

Article • April 2, 2000

Filed under: Punch And Jurists, Materiality

U.S. v. Gaudin, No. 95-514 (U.S. Supreme Court) (515 U.S. 506; 115 S.Ct. 2310) (June 19, 1995) (Justice Scalia) by The Court held that a trial court's refusal to submit the issue of the materiality of a defendant's false statements to the jury infringed on the defendant's right to have …

U.S. v. Takahashi, No. 98-10219 (9th Cir.) (205 F.3d 1161) (March 6, 2000) (Judge Ellsworth A. Van Graafeiland)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Takahashi, No. 98-10219 (9th Cir.) (205 F.3d 1161) (March 6, 2000) (Judge Ellsworth A. Van Graafeiland) by United States v. Hankey, 203 F.3d 1160 (9th Cir. 2000) (Judge Jones) United States v. Takahashi, 205 F.3d 1161 (9th Cir. 2000) (Judge Van Graafeiland) In both of these cases the …

U.S. v. Cheska, No. 98-2665 (7th Cir.) (202 F.3d 947) (January 31, 2000) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Summation

U.S. v. Cheska, No. 98-2665 (7th Cir.) (202 F.3d 947) (January 31, 2000) (Judge Ilana Diamond Rovner) by In this case the defendant and a co-defendant were charged with mail fraud in a scheme to kill horses for insurance money. At the trial, Tommy Burns, “a long time friend” of …

LaJoie v. Thompson, No. 98-35919 (9th Cir.) (201 F.3d 1166) (January 31, 2000) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Rape Shield Rule

LaJoie v. Thompson, No. 98-35919 (9th Cir.) (201 F.3d 1166) (January 31, 2000) (Judge A. Wallace Tashima) by Here the Court reversed a decision precluding evidence of prior acts of sexual abuse of a minor because the defense had failed to give the requisite 15-day notice, holding that the interests …

Wray v. Johnson, No. 98-2680 (2nd Cir.) (202 F.3d 515) (February 2, 2000) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Identification Evidence and Testimony

Wray v. Johnson, No. 98-2680 (2nd Cir.) (202 F.3d 515) (February 2, 2000) (Judge Amalya Lyle Kearse) by Here the Second Circuit held that the admission of highly suspect and unreliable lineup identification evidence (that was later recanted by the victim of a robbery himself) violated the petitioner's dur process …

U.S. v. Hankey, No. 98-50359 (9th Cir.) (203 F.3d 1160) (February 18, 2000) (Judge Robert E. Jones)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Hankey, No. 98-50359 (9th Cir.) (203 F.3d 1160) (February 18, 2000) (Judge Robert E. Jones) by United States v. Hankey, 203 F.3d 1160 (9th Cir. 2000) (Judge Jones) United States v. Takahashi, No. 98-10219 (9th Cir. 3/6/00) (Judge Van Graafeiland) In both of these cases the Ninth Circuit …

U.S. v. Marion, No. 70-19 (U.S. Supreme Court) (404 U.S. 307; 92 S.Ct. 455) (December 20, 1971) (Justice White)

Article • February 20, 2000

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Marion, No. 70-19 (U.S. Supreme Court) (404 U.S. 307; 92 S.Ct. 455) (December 20, 1971) (Justice White) by Case held that any statute of limitations incorporates an "irrebutable presumption" that, beyond the period of limitation, "a defendant's right to a fair trial would be prejudiced." (Id., at 322). …

Gardner v. Barnett, No. 98-1314 (7th Cir.) (199 F.3d 915) (December 10, 1999) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Gang Membership

Gardner v. Barnett, No. 98-1314 (7th Cir.) (199 F.3d 915) (December 10, 1999) (Judge William J. Bauer) by In an earlier decision of this case (see P&J, 6/28/99), the Seventh Circuit held that the trial court’s decision to deny a continuance and refusal to ask at voir dire four out …

Boyle v. Million, No. 98-6485 (6th Cir.) (201 F.3d 711) (January 7, 2000) (Judge Martha Craig Daughtrey)

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

Filed under: Punch And Jurists, Summation

Boyle v. Million, No. 98-6485 (6th Cir.) (201 F.3d 711) (January 7, 2000) (Judge Martha Craig Daughtrey) by In this case, with unusually caustic words, the Sixth Circuit addressed a series of extraordinary and incredibly inappropriate comments by a State prosecutor throughout a trial, holding that they were so flagrant …

U.S. v. Gray, No. 99-1189 (1st Cir.) (199 F.3d 547) (December 23, 1999) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Jury Views

U.S. v. Gray, No. 99-1189 (1st Cir.) (199 F.3d 547) (December 23, 1999) (Judge Frank M. Coffin) by This case is noted for its discussion of the evidentiary value of “jury views” - the technique of allowing the jury to visit the scene of a crime. In this case, a …

Portuondo v. Agard, No. 98-1170 (U.S. Supreme Court) (529 U.S. 61; 120 S.Ct. 1119) (March 6, 2000) (Justice Scalia)

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

Filed under: Punch And Jurists, Summation

Portuondo v. Agard, No. 98-1170 (U.S. Supreme Court) (529 U.S. 61; 120 S.Ct. 1119) (March 6, 2000) (Justice Scalia) by In 1997, the Second Circuit held that a prosecutor may not, as part of her summation, use the mere fact of a defendant’s presence at his trial as the basis …

U.S. v. Neder, No. 92-2929 (11th Cir.) (197 F.3d 1122) (December 10, 1999) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Materiality

U.S. v. Neder, No. 92-2929 (11th Cir.) (197 F.3d 1122) (December 10, 1999) (Judge Frank May Hull) by On remand from the Supreme Court's decision in Neder v. U.S., 527 U.S. 1 (1999), the Court held that the district court's failure to instruct the jury on materiality as an element …