Search | Punch and Jurists

U.S. v. Rector, No. 96-1952 (7th Cir.) (111 F.3d 503) (April 11, 1997) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Entrapment by Estoppel

U.S. v. Rector, No. 96-1952 (7th Cir.) (111 F.3d 503) (April 11, 1997) (Judge Daniel A. Manion) by The Court stated: ""[T]he adjustment [for acceptance of responsibility] is rarely available to those who assert entrapment, a defense that by its nature tends to preclude the acceptance of responsibility. Essentially, the …

Wilson v. Layne, No. 96-1188 (4th Cir.) (110 F.3d 1071) (April 11, 1997) (Judge William W. Jr. Wilkins)

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

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

Wilson v. Layne, No. 96-1188 (4th Cir.) (110 F.3d 1071) (April 11, 1997) (Judge William W. Jr. Wilkins) by One of the concomitant parts of making arrests in America has become the sick tradition that arrests afford law enforcement agents a unique opportunity to exhibit their uncommon valor before cameras …

U.S. v. Palacios, No. S3 96 Cr. 372 (MGC) (S.D.N.Y.) (957 F.Supp. 50) (March 7, 1997) (Judge Miriam Goldman Cedarbaum)

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

Filed under: Punch And Jurists, Searches - Inventory

U.S. v. Palacios, No. S3 96 Cr. 372 (MGC) (S.D.N.Y.) (957 F.Supp. 50) (March 7, 1997) (Judge Miriam Goldman Cedarbaum) by United States v. Ogunbiyi, 957 F.Supp. 89 (N.D.W.Va. 1997) (Judge Maxwell) United States v. Skinner, 957 F.Supp 228 (M.D.Ga. 1997) (Judge Fitzpatrick) What is unusual about this trio of …

U.S. v. Workman, No. 95-1330, No. 270 (2nd Cir.) (110 F.3d 915) (April 1, 1997) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Workman, No. 95-1330, No. 270 (2nd Cir.) (110 F.3d 915) (April 1, 1997) (Judge Pierre N. Leval) by Here the Court rejected the Government's argument that an obscure portion of the legislative history of the Criminal Fine Improvements Act of 1987 permitted the court to delegate to the …

McDonald v. Carnahan, No. 95-3843 (8th Cir.) (109 F.3d 1319) (April 2, 1997) (Judge Pasco M. II Bowman)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

McDonald v. Carnahan, No. 95-3843 (8th Cir.) (109 F.3d 1319) (April 2, 1997) (Judge Pasco M. II Bowman) by In affirming the dissolution of a consent decree over prisons in Missouri, the Court outlined the factors the trial court must consider.

U.S. v. Ramnath, No. CR-96-0012 (CPS) (E.D.N.Y.) (958 F.Supp. 99) (February 27, 1997) (Judge Charles P. Sifton)

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

Filed under: Punch And Jurists

U.S. v. Ramnath, No. CR-96-0012 (CPS) (E.D.N.Y.) (958 F.Supp. 99) (February 27, 1997) (Judge Charles P. Sifton) by While the court acknowledged that a departure based on § 5K1.1 requires the prosecution's consent, the Court held that "Section 5K1.1 does not, however, prevent a sentencing court from departing from the …

Thompson v. Souza, No. 96-55662 (9th Cir.) (111 F.3d 694) (April 16, 1997) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Searches - Body/Strip

Thompson v. Souza, No. 96-55662 (9th Cir.) (111 F.3d 694) (April 16, 1997) (Judge Stephen S. Trott) by It was just a normal night for the convicts; and one of those memorable decisions from the courts. At 11:30 p.m., 129 California inmates were roused from their beds so the guards …

U.S. v. Sinclair, No. 96-5040 (10th Cir.) (109 F.3d 1527) (March 26, 1997) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Sinclair, No. 96-5040 (10th Cir.) (109 F.3d 1527) (March 26, 1997) (Judge Robert H. Henry) by Quote from Judge Goldberg about the evils of bartered testimony. QUOTE OF THE WEEK - The evils of bartered testimony - "the virtual purchase of perjury!" "One of the basics of our …

Sesler v. Pitzer, No. 96-2185 (8th Cir.) (110 F.3d 569) (April 7, 1997) (Judge Frank J. Magill)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Sesler v. Pitzer, No. 96-2185 (8th Cir.) (110 F.3d 569) (April 7, 1997) (Judge Frank J. Magill) by

Carty v. Farrelly, No. Civ. No. 94-78 (D.Virgin Islands) (957 F.Supp. 727) (January 30, 1997) (Judge Stanley S. Brotman)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Carty v. Farrelly, No. Civ. No. 94-78 (D.Virgin Islands) (957 F.Supp. 727) (January 30, 1997) (Judge Stanley S. Brotman) 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. Landerman, No. 94-10028 (5th Cir.) (109 F.3d 1053) (March 31, 1997) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists

U.S. v. Landerman, No. 94-10028 (5th Cir.) (109 F.3d 1053) (March 31, 1997) (Judge Fortunato P. Benavides) by United States v. Landerman, 109 F.3d 1053 (5th Cir. 1997) (Judge Benavides) United States v. Sinclair, 109 F.3d 1527 (10th Cir. 1997) (Judge Henry) Both of these cases deal with the same …

U.S. v. Moore, No. 94-30453 (9th Cir.) (109 F.3d 1456) (March 31, 1997) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Moore, No. 94-30453 (9th Cir.) (109 F.3d 1456) (March 31, 1997) (Judge Stephen S. Trott) by Here the en banc court reversed a panel's decision which held that the mother of a boy who shot a policeman could not be prosecuted under 18 USC § 922(a)(6) under a …

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. Rouse, No. 95-1554 (8th Cir.) (111 F.3d 561) (April 11, 1997) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Residual exception

U.S. v. Rouse, No. 95-1554 (8th Cir.) (111 F.3d 561) (April 11, 1997) (Judge James B. Loken) by Here the Court held that that hearsay evidence of what three child victims of alleged sexual abuse said during initial interviews with the FBI was admissible under the residual exception of Rule …

U.S. v. Guerrero-Cortez, No. 95-3615 (8th Cir.) (110 F.3d 647) (April 14, 1997) (Judge John R. Gibson)

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

Filed under: Punch And Jurists

U.S. v. Guerrero-Cortez, No. 95-3615 (8th Cir.) (110 F.3d 647) (April 14, 1997) (Judge John R. Gibson) by In this somewhat surprising decision, the 8th Circuit reversed a district court's finding that the defendant was not eligible for an acceptance of responsibility sentence reduction after he went to trial - …

Thaddeus-X v. Blatter, No. 95-1837 (6th Cir.) (110 F.3d 1233) (April 11, 1997) (Judge Karen Nelson Moore)

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

Filed under: Retaliation, Punch And Jurists

Thaddeus-X v. Blatter, No. 95-1837 (6th Cir.) (110 F.3d 1233) (April 11, 1997) (Judge Karen Nelson Moore) by

U.S. v. Shea, No. Crim. No. 96-12-01-B (D.N.H.) (957 F.Supp. 331) (March 18, 1997) (Judge Paul J. Barbadoro)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Shea, No. Crim. No. 96-12-01-B (D.N.H.) (957 F.Supp. 331) (March 18, 1997) (Judge Paul J. Barbadoro) by Case contains a long and technical analysis of the PCR method of DNA testing, and generally upholds such evidence as sufficiently scientifically reliable and probative to be admissible under the Daubert …

U.S. v. Isong, No. 96-6362 (6th Cir.) (111 F.3d 41) (April 15, 1997) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists

U.S. v. Isong, No. 96-6362 (6th Cir.) (111 F.3d 41) (April 15, 1997) (Judge Gilbert S. Merritt) by Case held that a defendant's term of supervised release could be tolled while she is out of the country after deportation. For a contrary view, see U.S. v. Balogun, 140 F.3d 141 …

U.S. v. Handa, No. 96-16468 (9th Cir.) (110 F.3d 42) (March 26, 1997) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists

U.S. v. Handa, No. 96-16468 (9th Cir.) (110 F.3d 42) (March 26, 1997) (Judge John T. Jr. Noonan) by Case held that appellate courts have authority, in vacating conviction under Bailey, to vacate entire sentence, thereby freeing district court to restructure entire sentence on resentencing.

U.S. v. Gonzalez, No. 95-1438(L), No. 482 (2nd Cir.) (110 F.3d 936) (April 14, 1997) (Judge John M. Jr. Walker)

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

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

U.S. v. Gonzalez, No. 95-1438(L), No. 482 (2nd Cir.) (110 F.3d 936) (April 14, 1997) (Judge John M. Jr. Walker) by While this case does not directly refer to Rule 33, one of the issues raised was the claim made after trial that the defendants were entitled to a new …