Search | Punch and Jurists

U.S. v. Bailey, No. 95-5727 (4th Cir.) (112 F.3d 758) (May 2, 1997) (Judge H. Emory Jr. Widener)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Publicity - Prejudicial

U.S. v. Bailey, No. 95-5727 (4th Cir.) (112 F.3d 758) (May 2, 1997) (Judge H. Emory Jr. Widener) by Case affirmed district court's refusal to grant motion for change of venue based on claim of excessive pretrial publicity, holding that trial court had conducted appropriate two-step analysis.

U.S. v. Lewis, No. 96-2972 (7th Cir.) (110 F.3d 417) (March 24, 1997) (Judge Thomas E. Fairchild)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Lewis, No. 96-2972 (7th Cir.) (110 F.3d 417) (March 24, 1997) (Judge Thomas E. Fairchild) by Case is noted for its statement that the practice of informing juries about the sentencing consequences of their verdicts is "strongly disfavored" - although the Court pretended not to comment on the …

U.S. v. Maisonneuve, No. 2:96cr17-02 (D.Vt.) (954 F.Supp. 114) (January 30, 1997) (Judge William K. III Sessions)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Maisonneuve, No. 2:96cr17-02 (D.Vt.) (954 F.Supp. 114) (January 30, 1997) (Judge William K. III Sessions) by As gingerly and quickly as possible, Judge Sessions approached the delicate, but explosive, issue of jury nullification by stating that "it is well settled that juries are not to consider penalties in …

U.S. v. Brown, No. 96-1414 (8th Cir.) (108 F.3d 863) (March 11, 1997) (Judge David R. Hansen)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Juror Competency/Inquiry Issues

U.S. v. Brown, No. 96-1414 (8th Cir.) (108 F.3d 863) (March 11, 1997) (Judge David R. Hansen) by Court affirmed granting of new trial based on jury's improper consideration of intrinsic evidence and held that trial judge's examination of jurors did not violate mandates of Rule 606(b) of the Fed.R.Evid.

U.S. v. Gonzalez-Soberal, No. 95-2013 (1st Cir.) (109 F.3d 64) (March 26, 1997) (Judge Juan R. Torruella)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Gonzalez-Soberal, No. 95-2013 (1st Cir.) (109 F.3d 64) (March 26, 1997) (Judge Juan R. Torruella) by After his conviction on a number of drug-related charges, the defendant in this case appealed, arguing principally that the district court had committed several reversible errors during the jury selection process. Among …

Watson v. Block, No. 94-56346 (9th Cir.) (102 F.3d 433) (December 13, 1996) (Judge William A. Norris)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Jury Nullification

Watson v. Block, No. 94-56346 (9th Cir.) (102 F.3d 433) (December 13, 1996) (Judge William A. Norris) by Case showed courts fear of jury nullification by holding attorney in contempt for raising issue of length of possible sentences.

U.S. v. Donato, No. 95-3195 (D.C. Cir.) (99 F.3d 426) (November 8, 1996) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Jurors - Alternates

U.S. v. Donato, No. 95-3195 (D.C. Cir.) (99 F.3d 426) (November 8, 1996) (Judge David B. Sentelle) by Here the Courtt held that the district court erred when it excused a juror, after the jury had been given its instructions but before it left to begin deliberations, without making the …

Gonzales v. Thomas, No. 95-2279 (10th Cir.) (99 F.3d 978) (November 5, 1996) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Bias/Discrimination

Gonzales v. Thomas, No. 95-2279 (10th Cir.) (99 F.3d 978) (November 5, 1996) (Judge Wade Brorby) by Here, after a detailed explanation of the differences between "actual" and "implied" juror bias, the Court held that rape victims are not incapable as a matter of law of being impartial jurors in …

U.S. v. Royal, No. 95-2176 (1st Cir.) (100 F.3d 1019) (November 12, 1996) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Royal, No. 95-2176 (1st Cir.) (100 F.3d 1019) (November 12, 1996) (Judge Juan R. Torruella) by This is an interesting case about an important statute that controls the right of a defendant to obtain access to jury selection records in connection with his claim that he was denied …

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, Jurors - Alternates

U.S. v. Houlihan, No. 95-1614 (1st Cir.) (92 F.3d 1271) (August 22, 1996) (Judge Bruce M. Selya) by Case held that district court's failure to dismiss alternate jurors once deliberations began was not reversible error.

U.S. v. Williams-Davis, No. 93-3100 (D.C. Cir.) (90 F.3d 490) (July 26, 1996) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Juror Competency/Inquiry Issues

U.S. v. Williams-Davis, No. 93-3100 (D.C. Cir.) (90 F.3d 490) (July 26, 1996) (Judge Stephen F. Williams) by Among the many issues raised in this drug conspiracy appeal were a series of challenges based on a number of jury misconduct issues. Four jurors gave affidavits after trial saying that the …

U.S. v. Hall, No. 96-1386 (8th Cir.) (85 F.3d 367) (June 4, 1996) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists, Juror Competency/Inquiry Issues

U.S. v. Hall, No. 96-1386 (8th Cir.) (85 F.3d 367) (June 4, 1996) (Judge Gerald W. Heaney) by This case explores Rule 606(b), which governs jurors’ competency to testify with respect to their deliberations. After the defendants were convicted at trial, the filed a motion for a new trial on …

U.S. v. Chesney, No. 95-5203 (6th Cir.) (86 F.3d 564) (June 14, 1996) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Chesney, No. 95-5203 (6th Cir.) (86 F.3d 564) (June 14, 1996) (Judge Karen Nelson Moore) by One of the issues raised in this case was a claim that the trial court had violated the defendant's Fifth Amendment rights to a fair trial by refusing to permit him to …

U.S. v. Barber, No. 94-5065 (4th Cir.) (80 F.3d 964) (April 5, 1996) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Barber, No. 94-5065 (4th Cir.) (80 F.3d 964) (April 5, 1996) (Judge Paul V. Niemeyer) by This is a fascinating decision, from a sharply divided Court, that explores whether a racially mixed couple, on trial in western Virginia on a money laundering charge arising out of the sale …

U.S. v. DiMarzo, No. 95-1441 (1st Cir.) (80 F.3d 656) (April 10, 1996) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. DiMarzo, No. 95-1441 (1st Cir.) (80 F.3d 656) (April 10, 1996) (Judge Conrad K. Cyr) by Case held that defendant was not entitled to present evidence of harsh sentence he would receive if convicted since Federal juries perform no sentencing functions. Two weeks ago, in Issue No. 18, …

U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl) by In this multi-issue appeal from an assortment of drug and gun convictions, the Court affirmed (a) the propriety of admitting, under Rule 404(b), evidence of prior uncharged drug dealings; and (b) the …

U.S. v. Quintero-Barraza, No. 93-10764 (9th Cir.) (78 F.3d 1344) (March 7, 1996) (Judge Robert R. Jr. Merhige)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Quintero-Barraza, No. 93-10764 (9th Cir.) (78 F.3d 1344) (March 7, 1996) (Judge Robert R. Jr. Merhige) by The distinguishing feature of this decision is the stinging dissent by Judge Tang who objects to the rather routine affirmance of the defendant's drug conviction, despite his conclusion that the conviction …

U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl) by QUOTE OF THE WEEK - One of the most important cases of the 1990's was a little noticed decision written by Judge Thomas A. Wiseman of Tennessee in a case entitled United …

U.S. v. Ottersburg, No. 95-1847 (7th Cir.) (76 F.3d 137) (February 2, 1996) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Jurors - Alternates

U.S. v. Ottersburg, No. 95-1847 (7th Cir.) (76 F.3d 137) (February 2, 1996) (Judge Kenneth F. Ripple) by In this case, the Court reverses a conviction on the grounds that the trial judge committed plain error by allowing two alternate jurors to deliberate and sign the verdict form along with …

U.S. v. Olano, No. 87-3128 (9th Cir.) (62 F.3d 1180) (August 9, 1995) (Judge Diarmuid F. O'Scannlain)

Article • September 1, 1995

Filed under: Punch And Jurists, Jurors - Removal/Excusing

U.S. v. Olano, No. 87-3128 (9th Cir.) (62 F.3d 1180) (August 9, 1995) (Judge Diarmuid F. O'Scannlain) by United States v. Araujo, 62 F.3d 930 (7th Cir. 1995) United States v. Khoury, 62 F.3d 1138 (9th Cir. 1995) United States v. Olano, 62 F.3d 1180 (9th Cir. 1995) After the …