Search | Punch and Jurists

U.S. v. Wilson, No. 97-2122 (11th Cir.) (149 F.3d 1298) (August 13, 1998) (Judge James Larry Edmondson)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Improper Comments

U.S. v. Wilson, No. 97-2122 (11th Cir.) (149 F.3d 1298) (August 13, 1998) (Judge James Larry Edmondson) by This case addresses an all-too familiar problem: what can, or should, the courts do to deal with prosecutorial misconduct in the form of persistent improper comments in cases where there is overwhelming …

U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Invited Error Doctrine

U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson) by Case rejected the Government's claim that the defendant had invited the error of admission of prior conviction evidence by mentioning the prior convictions in counsel's opening statement, since the Government had first …

Howard v. Moore, No. 95-4017 (4th Cir.) (131 F.3d 399) (December 9, 1997) (Judge Karen J. Williams)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Comments on Defendant's Silence

Howard v. Moore, No. 95-4017 (4th Cir.) (131 F.3d 399) (December 9, 1997) (Judge Karen J. Williams) by Here the Court held that a prosecutor's statements during closing arguments in the sentencing phase of a capital murder trial referring to defendant's failure to show remorse did not violate the Fifth …

U.S. v. Boyd, No. 94-8074 (11th Cir.) (131 F.3d 951) (December 18, 1997) (Per Curiam)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Improper Comments

U.S. v. Boyd, No. 94-8074 (11th Cir.) (131 F.3d 951) (December 18, 1997) (Per Curiam) by Reflecting the dilemma created by the judicial rule that a defendant is not entitled to a reversal of his conviction based on improper comments by the prosecutor, the Court emphasized that such inaction "does …

U.S. v. Carrasco, No. S1-97-CR-89(SAS) (S.D.N.Y.) (968 F.Supp. 948) (July 7, 1997) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Forum/Judge Shopping

U.S. v. Carrasco, No. S1-97-CR-89(SAS) (S.D.N.Y.) (968 F.Supp. 948) (July 7, 1997) (Judge Shira A. Scheindlin) by Once again Judge Scheindlin has shown her mettle. In this case she courageously exposed and condemned a nasty game of judicial forum shopping by the prosecutors. After the State failed to convict the …

U.S. v. Roberts, No. 96-1933 (1st Cir.) (119 F.3d 1006) (July 24, 1997) (Judge Robert E. Keeton)

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

Filed under: Punch And Jurists, Improper Comments

U.S. v. Roberts, No. 96-1933 (1st Cir.) (119 F.3d 1006) (July 24, 1997) (Judge Robert E. Keeton) by

U.S. v. Roberts, No. 96-1933 (1st Cir.) (119 F.3d 1006) (July 24, 1997) (Judge Robert E. Keeton)

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

Filed under: Punch And Jurists, Improper Comments

U.S. v. Roberts, No. 96-1933 (1st Cir.) (119 F.3d 1006) (July 24, 1997) (Judge Robert E. Keeton) by The prosecutor in this case was really cute. With brazenly insincere coquettishness, he kept reminding the jury of the very things that it should not consider when it retired to reach a …

Thompson v. Calderon, No. 95-99014 (9th Cir.) (120 F.3d 1045) (August 3, 1997) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

Thompson v. Calderon, No. 95-99014 (9th Cir.) (120 F.3d 1045) (August 3, 1997) (Judge Betty Binns Fletcher) by

U.S. v. Saborit, No. CR 96-4043-MWB (N.D.Iowa) (967 F.Supp. 1136) (June 23, 1997) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, New Trial - Motions for

U.S. v. Saborit, No. CR 96-4043-MWB (N.D.Iowa) (967 F.Supp. 1136) (June 23, 1997) (Judge Mark W. Bennett) by Case reviewed differences between motion for judgment of acquittal and motion for new trial. This is another important and well-argued case in which Judge Bennett, with his usual methodical care and precision, …

U.S. v. Griffith, No. 96-30655 (5th Cir.) (118 F.3d 318) (July 17, 1997) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Griffith, No. 96-30655 (5th Cir.) (118 F.3d 318) (July 17, 1997) (Judge Fortunato P. Benavides) by Here the Court held that defense counsel's question to his client "Would you like to take the stand and testify?" was improper, but in view of instructions to the jury, the comment …

Agard v. Portuondo, No. 96-2281, No. 336 (2nd Cir.) (117 F.3d 696) (July 3, 1997) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

Agard v. Portuondo, No. 96-2281, No. 336 (2nd Cir.) (117 F.3d 696) (July 3, 1997) (Judge James L. Oakes) by Among the many issues raised in this awful rape case was one intriguing question: whether the prosecutor had violated the defendant's constitutional rights by insinuating to the jury for the …

Agard v. Portuondo, No. 96-2281, No. 336 (2nd Cir.) (117 F.3d 696) (July 3, 1997) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

Agard v. Portuondo, No. 96-2281, No. 336 (2nd Cir.) (117 F.3d 696) (July 3, 1997) (Judge James L. Oakes) by Among the many issues raised in this awful rape case was one intriguing question: whether the prosecutor had violated the defendant's constitutional rights by insinuating to the jury for the …

Lambert v. Blackwell, No. 96-6244 (E.D.Pa.) (962 F.Supp. 1521) (April 28, 1997) (Judge Stewart Dalzell)

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

Filed under: Punch And Jurists, Office of Professional Responsibility (OPR)

Lambert v. Blackwell, No. 96-6244 (E.D.Pa.) (962 F.Supp. 1521) (April 28, 1997) (Judge Stewart Dalzell) by Quote from David Burnham's book - Above the Law: Secret Deals, Political Fixes, and Other Misadventures of the U.S. Department of Justice - about the rank hypocrisy of the Office of Professional Responsibility. QUOTE …

U.S. v. Thomas, No. 93-3206 (D.C. Cir.) (114 F.3d 228) (June 3, 1997) (Judge Various)

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

Filed under: Punch And Jurists, Evidence/Lists - Failure to Produce

U.S. v. Thomas, No. 93-3206 (D.C. Cir.) (114 F.3d 228) (June 3, 1997) (Judge Various) by Here, although the Court said it was deeply troubled by prosecutor's statements promising to produce evidence that it never produced, it finds that such error was harmless. This appeal is the outgrowth of one …

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (110 F.3d 99) (April 15, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (110 F.3d 99) (April 15, 1997) (Per Curiam) by

Mockaitis v. Harcleroad, No. 96-35901 (9th Cir.) (104 F.3d 1522) (January 27, 1997) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Confessions - Bugging of

Mockaitis v. Harcleroad, No. 96-35901 (9th Cir.) (104 F.3d 1522) (January 27, 1997) (Judge John T. Jr. Noonan) by This is an interesting case that involves an action brought by a Catholic priest and an Archbishop against various defendants challenging a district attorney's decision to tape a suspect's confession while …

U.S. v. Mmahat, No. 95-30154 (5th Cir.) (106 F.3d 89) (February 7, 1997) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Mmahat, No. 95-30154 (5th Cir.) (106 F.3d 89) (February 7, 1997) (Judge Jerry E. Smith) by QUOTE OF THE WEEK - The demonizing game of tacking skins of victims to the wall! "While lawyers representing private parties may -- indeed, must -- do everything ethically permissible to advance …

U.S. v. Lopez, No. 95-10366 (9th Cir.) (106 F.3d 309) (February 7, 1997) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Lopez, No. 95-10366 (9th Cir.) (106 F.3d 309) (February 7, 1997) (Judge Donald P. Lay) by This case raises an interesting and timely issue: May a court grant a downward departure at sentencing based on a confluence of ethical violations by the prosecutors and defense attorneys involved? Here, …

U.S. v. Schmidt, No. 95-1117, No. 1522 (2nd Cir.) (105 F.3d 82) (January 17, 1997) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

U.S. v. Schmidt, No. 95-1117, No. 1522 (2nd Cir.) (105 F.3d 82) (January 17, 1997) (Judge Richard J. Cardamone) by This is a case that reeks with intrigue and an elaborately staged (albeit somewhat preposterous) sting operation that involved Government agents posing as hit men and the participation of Federal …

U.S. v. Wing, No. 96-1868 (7th Cir.) (104 F.3d 986) (January 16, 1997) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Wing, No. 96-1868 (7th Cir.) (104 F.3d 986) (January 16, 1997) (Judge Joel L. Flaum) by United States v. Moore, 104 F.3d 377 (D.C.Cir. 1997) (Judge Sentelle) United States v. Wing, 104 F.3d 986 (7th Cir. 1997) (Judge Flaum) With so few criminal cases going to trial these …