Search | Punch and Jurists

U.S. v. Rouse, No. 95-1554 (8th Cir.) (100 F.3d 560) (November 12, 1996) (Judge Myron H. Bright)

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

Filed under: Punch And Jurists, Evidence - Admissibility/Exclusion of

U.S. v. Rouse, No. 95-1554 (8th Cir.) (100 F.3d 560) (November 12, 1996) (Judge Myron H. Bright) by

U.S. v. LeCompte, No. 96-1308 (8th Cir.) (99 F.3d 274) (November 1, 1996) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. LeCompte, No. 96-1308 (8th Cir.) (99 F.3d 274) (November 1, 1996) (Judge James B. Loken) by This case addresses what the Court calls the "thorny, frequently litigated" issue of whether evidence of prior sexual abuse is admissible under Rule 404(b) of the Fed.R.Evid. in a sex abuse prosecution. …

U.S. v. Goggins, No. 96-3154 (3rd Cir.) (99 F.3d 116) (October 30, 1996) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists

U.S. v. Goggins, No. 96-3154 (3rd Cir.) (99 F.3d 116) (October 30, 1996) (Judge Morton I. Greenberg) by Until a few months ago, one of the raging controversies in the district courts was whether it was proper for a sentencing court to re-open the entire sentencing process following a successful …

Plyler v. Moore, No. 96-6884 (4th Cir.) (100 F.3d 365) (November 14, 1996) (Judge William W. Jr. Wilkins)

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

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

Plyler v. Moore, No. 96-6884 (4th Cir.) (100 F.3d 365) (November 14, 1996) (Judge William W. Jr. Wilkins) by This is another decision involving the recently enacted (and hastily drafted) Prison Litigation Reform Act (the "PLRA"). It is noted because it cites some of the sparse legislative history of that …

U.S. v. Mullanix, No. 96-30121 (9th Cir.) (99 F.3d 323) (October 30, 1996) (Judge Thomas G. Nelson)

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

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

U.S. v. Mullanix, No. 96-30121 (9th Cir.) (99 F.3d 323) (October 30, 1996) (Judge Thomas G. Nelson) by Case held that Guideline Amendment 516 which changed calculation of marijuana equivalency did not affect mandatory minimum sentence. United States v. Mullanix, 99 F.3d 323 (9th Cir. 1996) (Judge Nelson) United States …

U.S. v. Morla-Trinidad, No. 96-1070 (1st Cir.) (100 F.3d 1) (November 8, 1996) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Impeachment

U.S. v. Morla-Trinidad, No. 96-1070 (1st Cir.) (100 F.3d 1) (November 8, 1996) (Judge Norman H. Stahl) by This case is noted because it discusses a mode of impeachment of a witness - namely, the so-called "impeachment exception to the exclusionary rule" - that is not specifically treated in the …

Hohn v. U.S., No. 96-3118 (8th Cir.) (99 F.3d 892) (November 4, 1996) (Per Curiam)

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

Filed under: Punch And Jurists

Hohn v. U.S., No. 96-3118 (8th Cir.) (99 F.3d 892) (November 4, 1996) (Per Curiam) by Court held that a prisoner who challenges his conviction in light of the new standards articulated in Bailey is not entitled to a Certificate of Appealability.

U.S. v. Kraig, No. 95-3734 (6th Cir.) (99 F.3d 1361) (November 8, 1996) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists

U.S. v. Kraig, No. 95-3734 (6th Cir.) (99 F.3d 1361) (November 8, 1996) (Judge Gilbert S. Merritt) by Among the many issues raised in this case was a Government appeal that the trial court had erred by failing to enhance the defendant's sentence for the use of "sophisticated means" under …

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, Federal Tort Claims Act (FTCA)

Aversa v. U.S., No. 95-2216 (1st Cir.) (99 F.3d 1200) (October 21, 1996) (Judge Hugh H. Bownes) by It has been said that "all power corrupts, and absolute power corrupts absolutely." This somewhat sick case is a good example of that truth. In 1989, the appellants sold a parcel of …

U.S. v. Montgomery, No. 95-3380 (8th Cir.) (100 F.3d 1404) (November 22, 1996) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists, Exceptions

U.S. v. Montgomery, No. 95-3380 (8th Cir.) (100 F.3d 1404) (November 22, 1996) (Judge Gerald W. Heaney) by Court held that Fifth Amendment protection agianst compelled testimony does not offer protection from the compelled production of of physical evidence such as fingerprints, photographs, measurements, writing or speaking for identification, appearing …

U.S. v. Trujeque, No. 96-2053 (10th Cir.) (100 F.3d 869) (November 18, 1996) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Trujeque, No. 96-2053 (10th Cir.) (100 F.3d 869) (November 18, 1996) (Judge Robert H. Henry) by

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé) by Here the Court held that the defendant's sentence could properly be based on the amount of loss that the defendant intended, rather than on the actual loss that occurred. In this …

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, Westfall Act

Aversa v. U.S., No. 95-2216 (1st Cir.) (99 F.3d 1200) (October 21, 1996) (Judge Hugh H. Bownes) by It has been said that "all power corrupts, and absolute power corrupts absolutely." This somewhat sick case is a good example of that truth. In 1989, the appellants sold a parcel of …

U.S. v. Rouse, No. 95-1554 (8th Cir.) (100 F.3d 560) (November 12, 1996) (Judge Myron H. Bright)

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

Filed under: Punch And Jurists, Scientific Testimony or Evidence

U.S. v. Rouse, No. 95-1554 (8th Cir.) (100 F.3d 560) (November 12, 1996) (Judge Myron H. Bright) by Because this case involves the ugly allegation of child abuse, it is one which normally would be ignored by most commentators. It is noted, however, because of its detailed analysis of the …

U.S. v. Ousley, No. 96-1548 (7th Cir.) (100 F.3d 75) (November 13, 1996) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Ousley, No. 96-1548 (7th Cir.) (100 F.3d 75) (November 13, 1996) (Judge Richard D. Cudahy) by Court held that defendant must show actual prejudice before reversal for speedy trial errors based on continuances granted "in the interest of justice.".

U.S. v. Donato, No. 95-3195 (D.C. Cir.) (99 F.3d 426) (November 8, 1996) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Donato, No. 95-3195 (D.C. Cir.) (99 F.3d 426) (November 8, 1996) (Judge David B. Sentelle) by This is an astonishing decision, not just because the D.C. Circuit found merit in each of the four issues raised by the defendant on appeal and thus vacated a series of convictions, …

U.S. v. Smart, No. 95-3056 (D.C. Cir.) (98 F.3d 1379) (November 1, 1996) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Smart, No. 95-3056 (D.C. Cir.) (98 F.3d 1379) (November 1, 1996) (Judge Patricia M. Wald) by An important and widely-publicized bank fraud conviction was overturned in this case because the Government failed to adhere to some of the Rules of Evidence, particularly Rules 403, 701 and 801. The …

U.S. v. Brechner, No. 95-1649, No. 1449 (2nd Cir.) (99 F.3d 96) (November 1, 1996) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Brechner, No. 95-1649, No. 1449 (2nd Cir.) (99 F.3d 96) (November 1, 1996) (Judge Pierre N. Leval) by Here the Court reversed the lower court's granting of a motion to enforce a downward departure after the Government refused to make the motion, since the defendant had lied about …

Plyler v. Moore, No. 96-6884 (4th Cir.) (100 F.3d 365) (November 14, 1996) (Judge William W. Jr. Wilkins)

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

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

Plyler v. Moore, No. 96-6884 (4th Cir.) (100 F.3d 365) (November 14, 1996) (Judge William W. Jr. Wilkins) by This is another decision involving the recently enacted (and hastily drafted) Prison Litigation Reform Act (the "PLRA"). It is noted because it cites some of the sparse legislative history of that …

Flowers v. Hanks, No. 3:96-CV-0483 AS (N.D.Ind.) (941 F.Supp. 765) (September 17, 1996) (Judge Allen Sharp)

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

Filed under: Punch And Jurists

Flowers v. Hanks, No. 3:96-CV-0483 AS (N.D.Ind.) (941 F.Supp. 765) (September 17, 1996) (Judge Allen Sharp) by This is an extremely important decision that deals with the effective date of the new one-year statute of limitations that was imposed on Federal habeas corpus petitions by the recent Antiterrorism and Effective …