Search | Punch and Jurists

Greaves v. State of New York, No. 95 Civ. 9725 (SAS) (S.D.N.Y.) (951 F.Supp. 33) (November 13, 1996) (Judge Shira A. Scheindlin)

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

Filed under: Liberty Interests, Punch And Jurists

Greaves v. State of New York, No. 95 Civ. 9725 (SAS) (S.D.N.Y.) (951 F.Supp. 33) (November 13, 1996) (Judge Shira A. Scheindlin) by Here the Court ruled that a prisoner had a "liberty interest" in a prison work-release program, such that it could not be denied to him on the …

U.S. v. Campbell, No. 96-40115 (5th Cir.) (106 F.3d 64) (February 7, 1997) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Campbell, No. 96-40115 (5th Cir.) (106 F.3d 64) (February 7, 1997) (Judge Carl E. Stewart) by Here using what it called the "aggregate sentencing approach", the Court held that the "presumption of vindictiveness" discussed in North Carolina v. Pearce did not apply to the facts of this case …

U.S. v. Taylor, No. 3:99-00339 (D.S.C.) (956 F.Supp. 622) (February 28, 1997) (Judge Falcon B. Hawkins)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Taylor, No. 3:99-00339 (D.S.C.) (956 F.Supp. 622) (February 28, 1997) (Judge Falcon B. Hawkins) by This is a powerful and disturbing decision by Judge Hawkins of South Carolina in which he dismissed with prejudice a series of indictments against a number of legislators due to egregious prosecutorial misconduct …

U.S. v. Coscarelli, No. 96-20264 (5th Cir.) (105 F.3d 984) (February 3, 1997) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Klein Type Conspiracy

U.S. v. Coscarelli, No. 96-20264 (5th Cir.) (105 F.3d 984) (February 3, 1997) (Judge Harold R. Jr. DeMoss) by More than anything else, this case shows some of the traps of plea bargains. Here, he defendant was charged with a conspiracy to engage in money laundering under the general conspiracy …

U.S. v. Kirk, No. 94-50472 (5th Cir.) (105 F.3d 997) (February 3, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Kirk, No. 94-50472 (5th Cir.) (105 F.3d 997) (February 3, 1997) (Per Curiam) by The issue raised in this case was whether Congress had exceeded its powers under the Commerce Clause in enacting 18 U.S.C. § 922(o), which criminalizes even the wholly intrastate possession of a machinegun. The …

Pearson v. James, No. 95-2801, No. 1669 (2nd Cir.) (105 F.3d 828) (January 30, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Closure of Courtroom

Pearson v. James, No. 95-2801, No. 1669 (2nd Cir.) (105 F.3d 828) (January 30, 1997) (Judge Jon O. Newman) by Court held that ordering closure of courtroom without considering alternatives violated the petitioner's right to a public trial. The reigning hot topic in the Second Circuit these days seems to …

Waldemer v. U.S., No. 96-1119 (7th Cir.) (106 F.3d 729) (January 16, 1997) (Per Curiam)

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

Filed under: Jury Instructions, Punch And Jurists

Waldemer v. U.S., No. 96-1119 (7th Cir.) (106 F.3d 729) (January 16, 1997) (Per Curiam) by Peck v. United States, 106 F.3d 450 (2nd Cir. 1997) (Judge Walker) Waldemer v. United States, 106 F.3d 729 (7th Cir. 1996) (Per Curiam) Both of these cases deal with substantially similar collateral appeals …

U.S. v. Winters, No. 95-60093 (5th Cir.) (105 F.3d 200) (January 23, 1997) (Judge W. Royal Furgeson)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Winters, No. 95-60093 (5th Cir.) (105 F.3d 200) (January 23, 1997) (Judge W. Royal Furgeson) by United States v. Winters, 105 F.3d 200 (5th Cir. 1997) (Judge Furgeson) United States v. Kalb, 105 F.3d 426 (8th Cir. 1997) (Judge Loken) When, if ever, is a sentence reduction warranted …

U.S. v. Mangone, No. 95-2102 (1st Cir.) (105 F.3d 29) (January 28, 1997) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists

U.S. v. Mangone, No. 95-2102 (1st Cir.) (105 F.3d 29) (January 28, 1997) (Judge Hugh H. Bownes) by Court rejected Government claim that, because Presentence Report contained a full recitation of defendant's criminal conduct, this put the defendant on notice of the factors supporting an upward departure. After the defendant …

In Re Grand Jury Proceedings, Unemancipated Minor, No. CY-96-1454A-01 (E.D.Wash.) (949 F.Supp. 1487) (December 17, 1996) (Judge Robert H. Whaley)

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

Filed under: Punch And Jurists, Parent/Child Privilege

In Re Grand Jury Proceedings, Unemancipated Minor, No. CY-96-1454A-01 (E.D.Wash.) (949 F.Supp. 1487) (December 17, 1996) (Judge Robert H. Whaley) by In this case, Judge Whaley has taken a fresh look at the need for a parent-child privilege in Federal criminal proceedings, and has written a cogent exegesis in support …

U.S. v. Flores-Uribe, No. 96-30156 (9th Cir.) (106 F.3d 1485) (February 18, 1997) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Downward Departures

U.S. v. Flores-Uribe, No. 96-30156 (9th Cir.) (106 F.3d 1485) (February 18, 1997) (Judge Pamela Ann Rymer) by Departures based on consent to deportation.

U.S. v. Marmolejo, No. 95-20983 (5th Cir.) (106 F.3d 1213) (February 21, 1997) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Marmolejo, No. 95-20983 (5th Cir.) (106 F.3d 1213) (February 21, 1997) (Judge Patrick E. Higginbotham) by Court held that there were no extraordinary circumstances present to defeat the language of Note 4 to § 3E1.1, which states that an acceptance of responsibilty adjustment is ordinarily unavalable if the …

U.S. v. Wilson, No. 95-7245 (3rd Cir.) (106 F.3d 1140) (February 14, 1997) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Wilson, No. 95-7245 (3rd Cir.) (106 F.3d 1140) (February 14, 1997) (Judge Timothy K. Lewis) by Here's another "safety valve" case under the Guidelines - and this one is significant because of its holding that the defendant's possession of a firearm in connection with a prior drug dealing …

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, Disclosure Obligations

U.S. v. Mmahat, No. 95-30154 (5th Cir.) (106 F.3d 89) (February 7, 1997) (Judge Jerry E. Smith) by In this case the Fifth Circuit gave its seal of approval to a prosecutorial ploy of burying defense counsel with a 500,000 page cache of documents and held that prosecutors have no …

Jackson v. Byrd, No. 95-2118 (3rd Cir.) (105 F.3d 145) (January 29, 1997) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists

Jackson v. Byrd, No. 95-2118 (3rd Cir.) (105 F.3d 145) (January 29, 1997) (Judge Morton I. Greenberg) by Case is noted for Judge Becker's strong dissent in which he argues that the defendant did not have constructive possession over the drugs charged since she had no dominion or control over …

U.S. v. Goldberg, No. 96-1132 (1st Cir.) (105 F.3d 770) (February 3, 1997) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Goldberg, No. 96-1132 (1st Cir.) (105 F.3d 770) (February 3, 1997) (Judge Michael Boudin) by One of the issues raised in this case was the contested admission, pursuant to Rule 801(d)(2)(E), of two out-of-court conversations as statements made “by a co-conspirator of a party during the course and …

U.S. v. Rowe, No. 96-40346 (5th Cir.) (106 F.3d 1226) (February 25, 1997) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Jury Coercion/Tampering

U.S. v. Rowe, No. 96-40346 (5th Cir.) (106 F.3d 1226) (February 25, 1997) (Judge Patrick E. Higginbotham) by This is one of those remarkable cases about the state of justice in the State of Texas. After three defendants were convicted of various drug charges, they appealed, arguing that district court …

U.S. v. Robinson, No. 95-7620 (4th Cir.) (106 F.3d 610) (February 10, 1997) (Judge Sam J. III Ervin)

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

Filed under: Punch And Jurists, Special Parole

U.S. v. Robinson, No. 95-7620 (4th Cir.) (106 F.3d 610) (February 10, 1997) (Judge Sam J. III Ervin) by It is really rather amazing that the autocratic United States Parole Commission is still around. When the Sentencing Reform Act was first passed and parole was replaced by supervised release, the …

Hampton v. Hobbs, No. 96-3524 (6th Cir.) (106 F.3d 1281) (February 13, 1997) (Judge Boyce F. Jr. Martin)

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

Filed under: Filing Fees, Punch And Jurists

Hampton v. Hobbs, No. 96-3524 (6th Cir.) (106 F.3d 1281) (February 13, 1997) (Judge Boyce F. Jr. Martin) by Here the Court rejected a broad series of constitutional challenges to the filing fee provisions of the PLRA, holding they do not violate prisoners' rights of access to the courts or …

U.S. v. Wood, No. 96-3141 (10th Cir.) (106 F.3d 942) (February 7, 1997) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Wood, No. 96-3141 (10th Cir.) (106 F.3d 942) (February 7, 1997) (Judge Paul J. Jr. Kelly) by This case may go down in history as the last Federal case to suppress evidence seized during a warrantless search of an automobile due to a lack of any "particularized and …