Search | Punch and Jurists

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. Artim, No. 96-202 (D.N.J.) (944 F.Supp. 363) (November 1, 1996) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Artim, No. 96-202 (D.N.J.) (944 F.Supp. 363) (November 1, 1996) (Judge Stephen M. Orlofsky) by This decision is noted primarily because it contains a lengthy listing of cases in which downward departures were granted on the basis of extraordinary mental and emotional conditions under U.S.S.G. § 5H1.3 and …

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, Other Crimes/Bad Acts 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) (Judge Kennedy) Both of these cases deal with the scope of Rule 404(b) of the Fed.R.Evid. In Jobson, the Sixth Circuit set …

Maxwell v. City of New York, No. 95-7464. No. 676 (2nd Cir.) (102 F.3d 664) (December 17, 1996) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

Maxwell v. City of New York, No. 95-7464. No. 676 (2nd Cir.) (102 F.3d 664) (December 17, 1996) (Judge Ralph K. Jr. Winter) by

U.S. v. McHan, No. 94-5464 (4th Cir.) (101 F.3d 1027) (December 4, 1996) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. McHan, No. 94-5464 (4th Cir.) (101 F.3d 1027) (December 4, 1996) (Judge Paul V. Niemeyer) by Fourth Circuit reversed a downward departure concluding that the Sentencing Commission had adequately considered whether to allow sentencing reductions for previously discharged terms of imprisonment and determined such reductions inappropriate. One of …

U.S. v. Lin, No. 95-3164 (D.C. Cir.) (101 F.3d 760) (December 10, 1996) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists

U.S. v. Lin, No. 95-3164 (D.C. Cir.) (101 F.3d 760) (December 10, 1996) (Judge Patricia M. Wald) by Case is noted principally for its review of the Hostage Taking Act.

U.S. v. Wyatt, No. 95-3490 (7th Cir.) (102 F.3d 241) (December 3, 1996) (Judge Walter J. Cummings)

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

Filed under: Punch And Jurists

U.S. v. Wyatt, No. 95-3490 (7th Cir.) (102 F.3d 241) (December 3, 1996) (Judge Walter J. Cummings) by Here the Court applied the definition, used by the Supreme Court in Smith v. U.S., 508 U.S. 223 (1993), of the phrase "in relation to" under 18 U.S.C. § 924(c)(1) to the …

U.S. v. Wyatt, No. 95-3490 (7th Cir.) (102 F.3d 241) (December 3, 1996) (Judge Walter J. Cummings)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Wyatt, No. 95-3490 (7th Cir.) (102 F.3d 241) (December 3, 1996) (Judge Walter J. Cummings) by Court held that revocation of defendant's supervised release based on possession of firearms did not, on double jeopardy grounds, bar subsequent prosecution for being a felon in possession of firearms.

Everard v. U.S., No. 95-2090 (6th Cir.) (102 F.3d 763) (October 15, 1996) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

Everard v. U.S., No. 95-2090 (6th Cir.) (102 F.3d 763) (October 15, 1996) (Judge Karen Nelson Moore) 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 …

U.S. v. Lin, No. 95-3164 (D.C. Cir.) (101 F.3d 760) (December 10, 1996) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Witnesses - Examination of

U.S. v. Lin, No. 95-3164 (D.C. Cir.) (101 F.3d 760) (December 10, 1996) (Judge Patricia M. Wald) by Citing its decision in U.S. v. Duran, 96 F.3d 1995 (D.C.Cir. 1996), the Court held that when a defedant fails to object to judicial comments at the time they are made and …

U.S. v. Lin, No. 95-3164 (D.C. Cir.) (101 F.3d 760) (December 10, 1996) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists

U.S. v. Lin, No. 95-3164 (D.C. Cir.) (101 F.3d 760) (December 10, 1996) (Judge Patricia M. Wald) by Gun conviction reversed due to erroneous jury instruction on the meaning of "use" under § 924(c).

U.S. v. Cook, No. 96-1814 (7th Cir.) (102 F.3d 249) (December 5, 1996) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Cook, No. 96-1814 (7th Cir.) (102 F.3d 249) (December 5, 1996) (Judge Frank H. Easterbrook) by Court approved use of special instructions to warn jury that paid informant's testimony may be particularly suspect. In this case, both the majority decision and Judge Ripple's concurring decision discuss at length …

U.S. v. Shepherd, No. 94-3120 (D.C. Cir.) (102 F.3d 558) (December 6, 1996) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists

U.S. v. Shepherd, No. 94-3120 (D.C. Cir.) (102 F.3d 558) (December 6, 1996) (Judge Judith W. Rogers) by United States v. Shepherd, 102 F.3d 558 (D.C. Cir. 1996) (Judge Rogers) United States v. Jones, 102 F.3d 804 (6th Cir. 1996) (Judge Siler) A common issue in both of these cases …

Boria v. Keane, No. 95-2688 (2nd Cir.) (99 F.3d 492) (May 3, 1996) (Judge Whitman Knapp)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

Boria v. Keane, No. 95-2688 (2nd Cir.) (99 F.3d 492) (May 3, 1996) (Judge Whitman Knapp) by Here the Court granted habeas relief in a case where the defendant was sentenced to 20 years, after rejecting a plea offer that would have given him 1 to 3 years, because counsel …

Aversa v. U.S., No. 95-2216 (1st Cir.) (99 F.3d 1200) (October 21, 1996) (Judge Hugh H. Bownes)

Article • December 1, 1996 • from P&J December, 1996

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

Aversa v. U.S., No. 95-2216 (1st Cir.) (99 F.3d 1200) (October 21, 1996) (Judge Hugh H. Bownes) by Although the Court strongly criticized the AUSA who prosecuted this case for disseminating false and mileading press stories about an ongoing prosecution it held that the prosecutor was immune to suits for …

U.S. v. Torres, No. 96-2024 (10th Cir.) (99 F.3d 360) (October 30, 1996) (Judge Wade Brorby)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Torres, No. 96-2024 (10th Cir.) (99 F.3d 360) (October 30, 1996) (Judge Wade Brorby) by United States v. Mullanix, 99 F.3d 323 (9th Cir. 1996) (Judge Nelson) United States v. Torres, 99 F.3d 360 (10th Cir. 1996) (Judge Brorby) Both of these cases deal with Guideline Amendment No. …

U.S. v. Pressley, No. 94-3759 (7th Cir.) (100 F.3d 57) (November 8, 1996) (Judge Harlington Jr. Wood)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Right to be Present

U.S. v. Pressley, No. 94-3759 (7th Cir.) (100 F.3d 57) (November 8, 1996) (Judge Harlington Jr. Wood) by

Mata v. Johnson, No. 96-20218 (5th Cir.) (99 F.3d 1261) (January 31, 1996) (Judge Jacques L. Jr. Wiener)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Batson Claims

Mata v. Johnson, No. 96-20218 (5th Cir.) (99 F.3d 1261) (January 31, 1996) (Judge Jacques L. Jr. Wiener) by This is another case that reviews the tightening noose on appeals in capital cases, particularly due to the provisions of the recent Antiterrorism and Effective Death Penalty Act (AEDPA). One of …

U.S. v. Hudson, No. 95-50359 (9th Cir.) (100 F.3d 1409) (November 20, 1996) (Judge Michael Daly Hawkins)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Pretextual Stops

U.S. v. Hudson, No. 95-50359 (9th Cir.) (100 F.3d 1409) (November 20, 1996) (Judge Michael Daly Hawkins) by Here the Court used the Supreme Court's decision in U.S. v. Whren to justify the pretextual search of a home, a decision that Judge Reinhardt characterized as an infringement on our "most …

U.S. v. Steinberg, No. 94-50542 (9th Cir.) (99 F.3d 1486) (October 30, 1996) (Judge Thomas G. Nelson)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Steinberg, No. 94-50542 (9th Cir.) (99 F.3d 1486) (October 30, 1996) (Judge Thomas G. Nelson) by This is one of those rare Brady violation cases in which the Court vacated a conviction and ordered a new trial because the Government withheld material evidence that its key witness was …