Search | Punch and Jurists

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, Privacy Act/Rights

U.S. v. Jones, No. 95-1539 (6th Cir.) (102 F.3d 804) (December 17, 1996) (Judge Eugene E. Jr. Siler) by QUOTE OF THE WEEK - Another view of the evils of entrapment in general. "We are rapidly entering the age of no privacy, where everyone is open to surveillance at all …

U.S. v. Cole, No. 96-40567 (5th Cir.) (101 F.3d 1076) (December 9, 1996) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, In Forma Pauperis

U.S. v. Cole, No. 96-40567 (5th Cir.) (101 F.3d 1076) (December 9, 1996) (Judge John M. Jr. Duhé) by New in forma pauperis provisions contained in 28 USC 1915(a) do not apply to habeas corpus actions.

U.S. v. Muyet, No. S2 95 Cr. 941 (PKL) (S.D.N.Y.) (945 F.Supp. 586) (November 18, 1996) (Judge Peter K. Leisure)

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

Filed under: Punch And Jurists, Prejudicial Spillover

U.S. v. Muyet, No. S2 95 Cr. 941 (PKL) (S.D.N.Y.) (945 F.Supp. 586) (November 18, 1996) (Judge Peter K. Leisure) by This is one of those classic, hum-drum, push-the-button-and-get-the-cites decisions that glosses over some important issues - and shows how difficult it is to battle Big Brother. But if you …

U.S. v. Dobish, No. 95-2183 (6th Cir.) (102 F.3d 760) (November 19, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Preservation of Appellate Rights/Issues

U.S. v. Dobish, No. 95-2183 (6th Cir.) (102 F.3d 760) (November 19, 1996) (Per Curiam) by Court held that the failure to object to a sentence enhancement operates as a waiver. (Id., at 762).

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, Proffer Agreements/Statements/Sessions

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, Warrants - General Search

Marks v. Clarke, No. 93-36092 (9th Cir.) (102 F.3d 1012) (December 19, 1996) (Judge Stephen Reinhardt) by After unlawful search police are not entitled to qualified immunity in civil rights action for damages.

DiNicola v. DiPaolo, No. CIV 94-323 Erie (W.D.Pa.) (945 F.Supp. 848) (November 6, 1996) (Judge Sean J. McLaughlin)

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

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

DiNicola v. DiPaolo, No. CIV 94-323 Erie (W.D.Pa.) (945 F.Supp. 848) (November 6, 1996) (Judge Sean J. McLaughlin) by This case involved a claim for damages by an arrestee, under 42 U.S.C. § 1983, for a broad range of violations to his civil rights, including malicious prosecution. Key to the …

Reyes v. U.S., No. 96 Civ. 2096 (CSH) (S.D.N.Y.) (944 F.Supp. 260) (October 23, 1996) (Judge Charles S. Jr. Haight)

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

Filed under: Punch And Jurists

Reyes v. U.S., No. 96 Civ. 2096 (CSH) (S.D.N.Y.) (944 F.Supp. 260) (October 23, 1996) (Judge Charles S. Jr. Haight) by Following successful Bailey-type appeal, the defendant can raise issues de novo seeking a downward departure even if not raised at original sentencing.

U.S. v. Moreno, No. 95-10549 (9th Cir.) (102 F.3d 994) (December 13, 1996) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists

U.S. v. Moreno, No. 95-10549 (9th Cir.) (102 F.3d 994) (December 13, 1996) (Judge Arthur L. Alarcon) by After the defendant in this case was convicted of transporting drugs to Hawai'i , he appealed, arguing that the trial court had erred by preventing him from presenting a duress defense and …

U.S. v. Bailey, No. 94-2314 (11th Cir.) (123 F.3d 1381) (September 24, 1997) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists

U.S. v. Bailey, No. 94-2314 (11th Cir.) (123 F.3d 1381) (September 24, 1997) (Judge Stanley F. Jr. Birch) by In discussing the one-book-rule, court held that completion date of crimes controls proper version of Guidelines Manual and using the Guidelines in effect when the defendant completed the last of his …

U.S. v. Ogden, No. 96-2754 (7th Cir.) (102 F.3d 887) (December 16, 1996) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Ogden, No. 96-2754 (7th Cir.) (102 F.3d 887) (December 16, 1996) (Judge Harlington Jr. Wood) by Everard v. United States, 102 F.3d 763 (6th Cir. 1996) (Judge Moore) United States v. Ogden, 102 F.3d 887 (7th Cir. 1996) (Judge Wood) With commendable understatement, Judge Wood starts her opinion …

In Re Four Search Warrants, No. 1:96-M-687 (N.D.Ga.) (945 F.Supp. 1563) (October 23, 1997) (Judge J. Owen Forrester)

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

Filed under: Punch And Jurists, Right to Documents

In Re Four Search Warrants, No. 1:96-M-687 (N.D.Ga.) (945 F.Supp. 1563) (October 23, 1997) (Judge J. Owen Forrester) by This case deals with an emergency motion by the press to obtain information about the search of Richard Jewell. This case is for devotees of the bomb explosion at Atlanta's Centennial …

Collins v. Jordan, No. 95-15737 (9th Cir.) (102 F.3d 406) (December 4, 1996) (Judge Stephen Reinhardt)

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

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

Collins v. Jordan, No. 95-15737 (9th Cir.) (102 F.3d 406) (December 4, 1996) (Judge Stephen Reinhardt) by Two days after the announcement of the jury verdicts in the trial of the Los Angeles police officers who beat Rodney King, a riot ensued and some four to five hundred demonstrators were …

U.S. v. Ballistrea, No. 95-1578, No. 56 (2nd Cir.) (101 F.3d 827) (November 25, 1996) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ballistrea, No. 95-1578, No. 56 (2nd Cir.) (101 F.3d 827) (November 25, 1996) (Judge Jon O. Newman) by Case held that the broad sweep of the second prong of § 371 did not require proof that defendant had any contact with Government agency he defrauded. Judge Friendly once …

U.S. v. Perez, No. 94-60788 (5th Cir.) (110 F.3d 265) (April 8, 1997) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists

U.S. v. Perez, No. 94-60788 (5th Cir.) (110 F.3d 265) (April 8, 1997) (Judge Jerry E. Smith) by Although this case was decided before the Supreme Court's decision in U.S. v. Usery, it is a strong exposition of the proposition that successive criminal prosecution and civil forfeiture proceedings violate the …

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, Jury Nullification

Watson v. Block, No. 94-56346 (9th Cir.) (102 F.3d 433) (December 13, 1996) (Judge William A. Norris) by Case showed courts fear of jury nullification by holding attorney in contempt for raising issue of length of possible sentences.

U.S. v. Beltran, No. 96-3085 (8th Cir.) (122 F.3d 1156) (September 11, 1997) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence

U.S. v. Beltran, No. 96-3085 (8th Cir.) (122 F.3d 1156) (September 11, 1997) (Judge David R. Hansen) by One of the claims made by the defendant in this appeal was that the district court (Judge Clark) had erred by refusing to grant him a mitigating role downward departure under § …

U.S. v. Parker, No. 95-3899 (7th Cir.) (101 F.3d 527) (December 2, 1996) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Right to be Present

U.S. v. Parker, No. 95-3899 (7th Cir.) (101 F.3d 527) (December 2, 1996) (Judge Richard A. Posner) by Here the Court held that the defendant did not have the right to be present when he was resentenced on remand.

U.S. v. Pearl, No. 96-46-P-C (D.Me.) (944 F.Supp. 51) (November 6, 1996) (Judge Gene Carter)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Pearl, No. 96-46-P-C (D.Me.) (944 F.Supp. 51) (November 6, 1996) (Judge Gene Carter) by Here the district court took a rare stance of disbelief against a police officer who concocted a story of Superman-like abilities to see in the dark in his creative efforts to convince the court …

U.S. v. Ahmad, No. 95-20627 (5th Cir.) (101 F.3d 386) (November 27, 1996) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Failure to Instruct on Scienter Requirement

U.S. v. Ahmad, No. 95-20627 (5th Cir.) (101 F.3d 386) (November 27, 1996) (Judge Jerry E. Smith) by This is a case involving one of those modern day, convoluted Federal statutes, the Federal Clean Water Act. The defendant was convicted of discharging gasoline into local sewers from a leaky tank …