Search | Punch and Jurists

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell) by Here the Court rejected a claim involving a discovery violation under Rule 16(a)(1)(A) of the Fed.R.Crim.P. on the rigid grounds that the Rule's requirements does not include documents in the possession of …

U.S. v. Fagge, No. 96-1287, No. 498 (2nd Cir.) (101 F.3d 232) (November 25, 1996) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Fagge, No. 96-1287, No. 498 (2nd Cir.) (101 F.3d 232) (November 25, 1996) (Judge Ralph K. Jr. Winter) by In its efforts to induce defendants to "tell all", it has become a fairly common practice for the Government to offer a defendant a so-called "proffer agreement" in which …

Marks v. Clarke, No. 93-36092 (9th Cir.) (102 F.3d 1012) (December 19, 1996) (Judge Stephen Reinhardt)

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

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

Marks v. Clarke, No. 93-36092 (9th Cir.) (102 F.3d 1012) (December 19, 1996) (Judge Stephen Reinhardt) by Maxwell v. City of New York, 102 F.3d 664 (2nd Cir. 1996) (Judge Winter) Marks v. Clarke, 102 F.3d 1012 (9th Cir. 1996) (Judge Reinhardt) Reading the dissenting opinion of Judge Oakes in …

U.S. v. Jones, No. 95-1539 (6th Cir.) (102 F.3d 804) (December 17, 1996) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists

U.S. v. Jones, No. 95-1539 (6th Cir.) (102 F.3d 804) (December 17, 1996) (Judge Eugene E. Jr. Siler) by In this case the Court observed that it has never recognized the defense of sentencing entrapment even if proven. United States v. Shepherd, 102 F.3d 558 (D.C. Cir. 1996) (Judge Rogers) …

U.S. v. Myers, No. 95-5316 (6th Cir.) (102 F.3d 227) (December 11, 1997) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Myers, No. 95-5316 (6th Cir.) (102 F.3d 227) (December 11, 1997) (Judge Gerald E. Rosen) by United States v. Jobson, 102 F.3d 214 (6th Cir. 1996) United States v. Myers, 102 F.3d 227 (6th Cir. 1996) Both of these cases deal with the scope of Rule 404(b) of …

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

Watson v. Block, No. 94-56346 (9th Cir.) (102 F.3d 433) (December 13, 1996) (Judge William A. Norris) by Case reversed a summary contempt order imposed on defense counsel for raising the issue of the length of the sentence that her client might receive.

U.S. v. Taylor, No. 94-3853 (6th Cir.) (102 F.3d 767) (December 10, 1996) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Taylor, No. 94-3853 (6th Cir.) (102 F.3d 767) (December 10, 1996) (Per Curiam) by United States v. Taylor, 102 F.3d 767 (6th Cir. 1996) (Per Curiam) United States v. Molina, 102 F.3d 928 (7th Cir. 1996) (Judge Coffey) United States v. Golden, 102 F.3d 936 (7th Cir. 1996) …

U.S. v. Akers, No. 96-CR-13-B (D.Colo.) (945 F.Supp. 1442) (November 4, 1996) (Judge Lewis T. Babcock)

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

Filed under: Punch And Jurists

U.S. v. Akers, No. 96-CR-13-B (D.Colo.) (945 F.Supp. 1442) (November 4, 1996) (Judge Lewis T. Babcock) by In denying a Government motion to submit the defendant to psychiatric examination because she intended to introduce expert testimony about her mental condition, the court explored the defense of insanity under Fed.R.Crim.P. 12.2 …

U.S. v. Chukwura, No. 96-1130, No. 433 (2nd Cir.) (101 F.3d 230) (November 26, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Chukwura, No. 96-1130, No. 433 (2nd Cir.) (101 F.3d 230) (November 26, 1996) (Per Curiam) by Court held that § 1252a(d)(1) gives courts limited authority to deport an alien without resort to INS proceedings, but that such action requires the consent of the U.S. Attorney and the concurrence …

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell) by This multi-issue case noted, inter alia, for its approval of Government motion to dismiss certain charges late in trial without defendant's consent - and after it had presented evidence of those crimes …

U.S. v. Mendez, No. 95-20002 (5th Cir.) (102 F.3d 126) (December 10, 1996) (Judge Reynaldo G. Garza)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Mendez, No. 95-20002 (5th Cir.) (102 F.3d 126) (December 10, 1996) (Judge Reynaldo G. Garza) by According to the Fifth Circuit, the defendant in this case was "from a small town in Columbia and had been in the United States for only eight days before his arrest [on …

Satcher v. Netherland, No. Civ. No. 3:95cv261 (E.D.Va.) (944 F.Supp. 1222) (October 8, 1996) (Judge Robert E. Payne)

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

Filed under: Punch And Jurists, Opt-In Requirements for Truncated Judicial Review

Satcher v. Netherland, No. Civ. No. 3:95cv261 (E.D.Va.) (944 F.Supp. 1222) (October 8, 1996) (Judge Robert E. Payne) by Case reviews the "opt-in" provisions that enable States to qualify for truncated review of habeas corpus cases.

U.S. v. Smith, No. 95-1754 (1st Cir.) (101 F.3d 202) (November 26, 1996) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists

U.S. v. Smith, No. 95-1754 (1st Cir.) (101 F.3d 202) (November 26, 1996) (Judge Levin H. Campbell) by One of the issues raised in this case was whether the Government had violated its discovery obligations, contained in Rule 16(a)(1)(D), by failing to inform defense counsel in advance of trial of …

U.S. v. Pettiford, No. 96-1045 (1st Cir.) (101 F.3d 199) (November 25, 1996) (Judge Bailey Aldrich)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Pettiford, No. 96-1045 (1st Cir.) (101 F.3d 199) (November 25, 1996) (Judge Bailey Aldrich) by Case held that the scope of § 2255 appeal permits petitioner to raise other than constitutional and statutory issues - here a challenge to a sentencing enhancement for being an Armed Career Criminal …

U.S. v. Bellomo, No. 96 Cr. 430 (LAK) (S.D.N.Y.) (944 F.Supp. 1160) (October 30, 1996) (Judge Lewis A. Kaplan)

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

Filed under: Punch And Jurists, Pretrial Detention and Detainees

U.S. v. Bellomo, No. 96 Cr. 430 (LAK) (S.D.N.Y.) (944 F.Supp. 1160) (October 30, 1996) (Judge Lewis A. Kaplan) by QUOTE OF THE WEEK - Pretrial Detention - The Hallmark of the Totalitarian State "[I]t is well to remember the magnitude of the injury that pretrial detention inflicts and the …

U.S. v. Jobson, No. 95-1743 (6th Cir.) (102 F.3d 214) (December 10, 1997) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Jobson, No. 95-1743 (6th Cir.) (102 F.3d 214) (December 10, 1997) (Judge Cornelia G. Kennedy) by United States v. Jobson, 102 F.3d 214 (6th Cir. 1996) United States v. Myers, 102 F.3d 227 (6th Cir. 1996) Both of these cases deal with the scope of Rule 404(b) of …

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

Watson v. Block, No. 94-56346 (9th Cir.) (102 F.3d 433) (December 13, 1996) (Judge William A. Norris) by In a decision that should be of interest to many attorneys, the Ninth Circuit granted a Los Angeles Public Defender relief from a summary contempt citation issued by a State Court judge …

Moore v. Johnson, No. 95-20871 (5th Cir.) (101 F.3d 1069) (December 6, 1996) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists

Moore v. Johnson, No. 95-20871 (5th Cir.) (101 F.3d 1069) (December 6, 1996) (Judge Harold R. Jr. DeMoss) by Moore v. Johnson, 101 F.3d 1069 (5th Cir. 1996) (Judge DeMoss) Satcher v. Netherland, 944 F.Supp. 1222 (E.D.Va. 1996) (Judge Payne) Here are two more decisions that deal with the effective …

U.S. v. Wiles, No. 94-1592 (10th Cir.) (102 F.3d 1043) (December 10, 1996) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Failure to Instruct on Materiality as an Element of Crime

U.S. v. Wiles, No. 94-1592 (10th Cir.) (102 F.3d 1043) (December 10, 1996) (Judge Bobby R. Baldock) by This lengthy en banc decision (and the two dissenting opinions) contain an important and exceptionally clear analysis of the differing views that can be derived from one of the most frequently cited …

Smith v. U.S., No. Civ. 96-S-1536 (D.Colo.) (945 F.Supp. 1439) (October 29, 1996) (Judge Daniel B. Sparr)

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

Filed under: Retroactivity, Punch And Jurists

Smith v. U.S., No. Civ. 96-S-1536 (D.Colo.) (945 F.Supp. 1439) (October 29, 1996) (Judge Daniel B. Sparr) by Case held that retroactive application of the AEDPA to all pending cases would be "intolerable.". Hunter v. United States, 101 F.3d 1565 (11th Cir. 1996) (En Banc) (Judge Carnes) Smith v. United …