Search | Punch and Jurists

U.S. v. Bancalari, No. 95-50369 (9th Cir.) (110 F.3d 1425) (April 8, 1997) (Judge Proctor Jr. Hug)

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

Filed under: Punch And Jurists

U.S. v. Bancalari, No. 95-50369 (9th Cir.) (110 F.3d 1425) (April 8, 1997) (Judge Proctor Jr. Hug) by In this case the Court held that in order to be guilty of aiding and abetting under § 924(c) "the defendant must have 'directly facilitated or encouraged the use' of the firearm …

U.S. v. Baird, No. 96-1342 (3rd Cir.) (109 F.3d 856) (March 19, 1997) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Baird, No. 96-1342 (3rd Cir.) (109 F.3d 856) (March 19, 1997) (Judge Edward R. Becker) by This decision is probably the Granddady of cases dealing with a disruption of a Governmental function - although it is also noted because it deals extensively with the issue of whether a …

U.S. v. Baird, No. 96-1342 (3rd Cir.) (109 F.3d 856) (March 19, 1997) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Breach of trust

U.S. v. Baird, No. 96-1342 (3rd Cir.) (109 F.3d 856) (March 19, 1997) (Judge Edward R. Becker) by This decision is probably the Granddady of cases dealing with a disruption of a Governmental function - although it is also noted because it deals extensively with the issue of whether a …

Wright v. Morris, No. 95-1837 (6th Cir.) (111 F.3d 414) (April 11, 1997) (Judge Karen Nelson Moore)

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

Filed under: Retroactivity, Punch And Jurists

Wright v. Morris, No. 95-1837 (6th Cir.) (111 F.3d 414) (April 11, 1997) (Judge Karen Nelson Moore) by Case held that PLRA's exhaustion requirement is not retroactive to cover pending appeals.

Holland v. O'Bryant, No. 96-00997 (D.D.C.) (958 F.Supp. 10) (March 27, 1997) (Judge Stanley Sporkin)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Holland v. O'Bryant, No. 96-00997 (D.D.C.) (958 F.Supp. 10) (March 27, 1997) (Judge Stanley Sporkin) by After a search causing large damage the Court held that police officers cannot break into a citizen's home, hide behind a search warrant that is concededly flawed and then attempt to deny just compensation …

U.S. v. Paton, No. 96-1775 (8th Cir.) (110 F.3d 562) (April 3, 1997) (Judge Myron H. Bright)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Paton, No. 96-1775 (8th Cir.) (110 F.3d 562) (April 3, 1997) (Judge Myron H. Bright) by In 1982, the defendant in this strange case was indicted and arrested for using the mails to transmit obscene materials in violation of 18 U.S.C. § 1461 and using minors to produce …

U.S. v. Landau, No. 90 Civ. 0384 (S.D.N.Y.) (956 F.Supp. 1160) (March 28, 1997) (Judge Whitman Knapp)

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

Filed under: Punch And Jurists, Drug or Alcohol Dependence

U.S. v. Landau, No. 90 Civ. 0384 (S.D.N.Y.) (956 F.Supp. 1160) (March 28, 1997) (Judge Whitman Knapp) by While this case deals primarily with a tax issue - namely, whether and under what circumstances a person may be deemed to be a "responsible person" who is liable for a corporation's …

U.S. v. Russell, No. 96-3039 (10th Cir.) (109 F.3d 1503) (February 27, 1997) (Justice White)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Russell, No. 96-3039 (10th Cir.) (109 F.3d 1503) (February 27, 1997) (Justice White) by Because this decision was written by a retired Supreme Court Justice, it will take on great weight and be accorded unusual deference. One of the issues discussed was a lawyer's nightmare: an order barring …

Thompson v. U.S., No. 95-3343 (11th Cir.) (111 F.3d 109) (April 29, 1997) (Per Curiam)

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

Filed under: Punch And Jurists

Thompson v. U.S., No. 95-3343 (11th Cir.) (111 F.3d 109) (April 29, 1997) (Per Curiam) by Here the Eleventh Circuit held that the failure of the sentencing court to advise the defendant of his right to appeal, pursuant to Rule 32(c)(5), constitutes error per se; but see U.S. v. Chang, …

Boero v. Drug Enforcement Admin., No. 96-2158 (2nd Cir.) (111 F.3d 301) (April 14, 1997) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists

Boero v. Drug Enforcement Admin., No. 96-2158 (2nd Cir.) (111 F.3d 301) (April 14, 1997) (Judge Dennis G. Jacobs) by In this case the trial court found that the DEA had failed to comply with the requisite notice requirement for an administrative forfeiture. Though the trial court had the power …

Williamson v. Ward, No. 95-7141 (10th Cir.) (110 F.3d 1508) (April 10, 1997) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Strickland Standard

Williamson v. Ward, No. 95-7141 (10th Cir.) (110 F.3d 1508) (April 10, 1997) (Judge Stephanie K. Seymour) by In this shocking case, the Court vacated an incompetant's defendant's murder conviction (after the defendant spent five years in prison) because his blind lawyer had totally failed to investigate the case or …

U.S. v. Shannon, No. 95-2367 (7th Cir.) (110 F.3d 392) (April 1, 1997) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Shannon, No. 95-2367 (7th Cir.) (110 F.3d 392) (April 1, 1997) (Judge Richard A. Posner) by Here the Court held that the charging document is the only source of information on which the court may properly rely in classifying a prior offense used to enhance the punishment for …

U.S. v. Amaya, No. 96-40572 (5th Cir.) (111 F.3d 386) (April 16, 1997) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Amaya, No. 96-40572 (5th Cir.) (111 F.3d 386) (April 16, 1997) (Judge Robert M. Parker) by Case held If the guilty plea "is induced by deception, an unfulfillable promise, or misrepresentation to enter a plea of guilty", it is invalid because it is not voluntary. Justice Lummus of …

U.S. v. Schneider, No. 96-1281 (1st Cir.) (111 F.3d 197) (April 17, 1997) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Insanity Defense Reform Act

U.S. v. Schneider, No. 96-1281 (1st Cir.) (111 F.3d 197) (April 17, 1997) (Judge Michael Boudin) by This case is noted because of its detailed (albeit non-conclusive) analysis of the purpose and scope of the Insanity Defense Reform Act, 18 U.S.C. § 17 (the "IDRA"). In addition to redefining insanity …

Miller v. Selsky, No. 95-2849, No. 632 (2nd Cir.) (111 F.3d 7) (April 2, 1997) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists

Miller v. Selsky, No. 95-2849, No. 632 (2nd Cir.) (111 F.3d 7) (April 2, 1997) (Judge Pierre N. Leval) by Miller v. Selsky, 111 F.3d 7 (2nd Cir. 1997) (Judge Leval) Carty v. Farrelly, 957 F.Supp. 727 (D.Virgin Islands) (Judge Brotman) Both of these prison cases are noted for their …

U.S. v. Jones, No. LR-CR-90-242(2) (E.D.Ark.) (957 F.Supp. 1088) (March 4, 1997) (Judge Garnett Thomas Eisele)

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

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Jones, No. LR-CR-90-242(2) (E.D.Ark.) (957 F.Supp. 1088) (March 4, 1997) (Judge Garnett Thomas Eisele) by Here the Court criticized the practice of allowing the probation office to petition the Court for revocation of probation since it makes those officers advocates not for their probationers but for ‘the People". …

U.S. v. Isong, No. 96-6050 (6th Cir.) (111 F.3d 428) (April 14, 1997) (Judge David A. Nelson)

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

Filed under: Punch And Jurists

U.S. v. Isong, No. 96-6050 (6th Cir.) (111 F.3d 428) (April 14, 1997) (Judge David A. Nelson) by Over the dissent of Judge Moore, the Court held that a sentence of supervised release was tolled after deportation. For a contrary view, see U.S. v. Balogun, 140 F.3d 141 (2nd Cir. …

Martin v. U.S., No. 95-2033 (7th Cir.) (109 F.3d 1177) (March 19, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

Martin v. U.S., No. 95-2033 (7th Cir.) (109 F.3d 1177) (March 19, 1997) (Per Curiam) by Here the Court affirmed a sentencing error that led to a 16-month increase in prison time on the grounds that the increase was not significant - a ruling that Judge Rovner called "repugnant" to …

U.S. v. Oakar, No. 96-3084 (D.C. Cir.) (111 F.3d 146) (April 18, 1997) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Surplusage

U.S. v. Oakar, No. 96-3084 (D.C. Cir.) (111 F.3d 146) (April 18, 1997) (Judge Judith W. Rogers) by Case held that material included in an indictment that can fairly be described as 'surplus' may only be stricken if it is irrelevant and prejudicial." (Id., at 157).

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 …