Search | Punch and Jurists

U.S. v. Chan, No. 94-50585 (9th Cir.) (97 F.3d 1582) (October 18, 1996) (Judge Edward Leavy)

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

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. Chan, No. 94-50585 (9th Cir.) (97 F.3d 1582) (October 18, 1996) (Judge Edward Leavy) by The defendant in this case signed a Type B plea agreement, which means that she was bound by the guilty plea regardless of whether or not the court chose to follow the Government's …

U.S. v. Quinones, No. 95-4302 (11th Cir.) (97 F.3d 473) (October 10, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Core Concerns

U.S. v. Quinones, No. 95-4302 (11th Cir.) (97 F.3d 473) (October 10, 1996) (Per Curiam) by This is a rare case in which a conviction was reversed because the district court failed to inform the defendant of the nature of the charge to which he was pleading guilty, in violation …

U.S. v. Gonzalez, No. CR 95-52 MMS (D.Del.) (938 F.Supp. 1199) (August 15, 1996) (Judge Murray M. Schwartz)

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

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. Gonzalez, No. CR 95-52 MMS (D.Del.) (938 F.Supp. 1199) (August 15, 1996) (Judge Murray M. Schwartz) by Here the Court rejected a claim that the Government improperly withheld favorable evidence by applying tangled distinctions between material evidence under the Brady rule and impeachment evidence under Rule 608. This …

U.S. v. Leaphart, No. 96-1021 (2nd Cir.) (98 F.3d 41) (October 21, 1996) (Judge Robert N. Chatigny)

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

Filed under: Punch And Jurists, Conditions of

U.S. v. Leaphart, No. 96-1021 (2nd Cir.) (98 F.3d 41) (October 21, 1996) (Judge Robert N. Chatigny) by Here the Court held that home detention may be imposed as a condition of probation or supervised release, but only as a substitute for imprisonment.

U.S. v. Warfield, No. 95-3325 (8th Cir.) (97 F.3d 1014) (October 2, 1996) (Judge David R. Hansen)

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

Filed under: Punch And Jurists

U.S. v. Warfield, No. 95-3325 (8th Cir.) (97 F.3d 1014) (October 2, 1996) (Judge David R. Hansen) by Here the Court upheld, as proper under the Confrontation Clause, limits on the cross-examination of government witnesses which must be controlled by concerns about "harassment, prejudice and confusion of the issues". United …

U.S. v. Catlett, No. 93-3189 (D.C. Cir.) (97 F.3d 565) (October 11, 1996) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Catlett, No. 93-3189 (D.C. Cir.) (97 F.3d 565) (October 11, 1996) (Judge Harry T. Edwards) by One of the issues raised in this case was whether a police officer's qualification as an expert witness unfairly bolstered his credibility as a fact witness. In support of this claim, the …

U.S. v. Sherpa, No. 95-50007 (9th Cir.) (97 F.3d 1239) (October 8, 1996) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Sherpa, No. 95-50007 (9th Cir.) (97 F.3d 1239) (October 8, 1996) (Judge Thomas G. Nelson) by Testing the limits of fairness, the Government appealed from the district court's decision to grant a relatively small downward departure under the safety valve laws to an unsophisticated Nepalese trackker, demanding a …

U.S. v. Camacho, No. S12 94 Cr. 313 (CSH) (S.D.N.Y.) (939 F.Supp. 203) (September 10, 1996) (Judge Charles S. Jr. Haight)

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

Filed under: Punch And Jurists, Joinder of Offenses and/or Defendants

U.S. v. Camacho, No. S12 94 Cr. 313 (CSH) (S.D.N.Y.) (939 F.Supp. 203) (September 10, 1996) (Judge Charles S. Jr. Haight) by This is an unusually stern decision in which Judge Haight granted a severance of new charges, pursuant to Rule 14 of the Fed.R.Crim.P., that the Government attempted to …

In Re Grand Jury Subpoena, No. 96-3345 (8th Cir.) (97 F.3d 1090) (October 9, 1996) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Grand Jury

In Re Grand Jury Subpoena, No. 96-3345 (8th Cir.) (97 F.3d 1090) (October 9, 1996) (Judge James B. Loken) by This case is noted because it reviews two important issues relating to Grand Jury proceedings. First, in response to a claim that it is "unfair . . . unethical . …

U.S. v. Jacobs, No. 95-3029EA (8th Cir.) (97 F.3d 275) (October 3, 1996) (Judge James M. Burns)

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

Filed under: Punch And Jurists, Witnesses - Availability

U.S. v. Jacobs, No. 95-3029EA (8th Cir.) (97 F.3d 275) (October 3, 1996) (Judge James M. Burns) by Here the Court held that there was no violation of the defendant's Confrontation Clause rights by allowing the Government to present the testimony and permit the cross-examinatioin of a pregant witness by …

U.S. v. Leaphart, No. 96-1021 (2nd Cir.) (98 F.3d 41) (October 21, 1996) (Judge Robert N. Chatigny)

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

Filed under: Punch And Jurists, Community Confinement/Home Detention

U.S. v. Leaphart, No. 96-1021 (2nd Cir.) (98 F.3d 41) (October 21, 1996) (Judge Robert N. Chatigny) by The court held in this case that having sentenced the defendant to the maximum possible term of imprisonment for his misdemeanor offense for failing to appear for sentencing, the district court could …

Williams v. Callaghan, No. Civ. No. 95-02335 (D.D.C.) (938 F.Supp. 46) (September 10, 1996) (Judge Stanley Sporkin)

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

Filed under: Punch And Jurists, Strickland Standard

Williams v. Callaghan, No. Civ. No. 95-02335 (D.D.C.) (938 F.Supp. 46) (September 10, 1996) (Judge Stanley Sporkin) by The defense lawyers nightmare! Here, after the client was convicted of some drug crimes, and his conviction was affirmed on appeal, he brought a lawsuit against his attorney alleging both legal malpractice …

U.S. v. Wilson, No. 95-2496 (7th Cir.) (98 F.3d 281) (October 17, 1996) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Wilson, No. 95-2496 (7th Cir.) (98 F.3d 281) (October 17, 1996) (Judge Ilana Diamond Rovner) by Case held that the district court erred by not grouping mail fraud and money laundering counts even though crimes had different victims. After the defendant in this case pled guilty to mail …

U.S. v. Patterson, No. 96-1975 (7th Cir.) (97 F.3d 192) (October 1, 1996) (Judge Walter J. Cummings)

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

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

U.S. v. Patterson, No. 96-1975 (7th Cir.) (97 F.3d 192) (October 1, 1996) (Judge Walter J. Cummings) by One of the issues raised in this appeal from a drug conviction was whether the district court properly imposed a four-level sentence enhancement under U.S.S.G. § 2K2.1(b)(5) based on mere proximity to …

U.S. v. McCarthy, No. 95-2128 (8th Cir.) (97 F.3d 1562) (October 10, 1996) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. McCarthy, No. 95-2128 (8th Cir.) (97 F.3d 1562) (October 10, 1996) (Judge David R. Hansen) by This case probably establishes the current (but almost certain to be shattered) judicial record for the meaning of "close in time." Here, one of the issues raised was whether it was error …

U.S. v. Thomas, No. 95-3023 (D.C. Cir.) (97 F.3d 1499) (October 18, 1996) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Thomas, No. 95-3023 (D.C. Cir.) (97 F.3d 1499) (October 18, 1996) (Judge A. Raymond Randolph) by This case shows one of the penalties of claiming the defense of entrapment. Here, the Court affirmed the district court's decision not to grant any sentence reduction for acceptance of responsibility under …

U.S. v. Norwood, No. 96-232 (D.N.J.) (939 F.Supp. 1132) (September 6, 1996) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Scientific Testimony or Evidence

U.S. v. Norwood, No. 96-232 (D.N.J.) (939 F.Supp. 1132) (September 6, 1996) (Judge Stephen M. Orlofsky) by The Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 469 (1993) continues to hold sway as the guiding pronouncement on the admissibility of scientific evidence in our courts. In …

Cooper v. Casey, No. 95-2324 (7th Cir.) (97 F.3d 914) (October 2, 1996) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Cooper v. Casey, No. 95-2324 (7th Cir.) (97 F.3d 914) (October 2, 1996) (Judge Richard A. Posner) by The Court held that to give the PLRA such a retroactive effect "would attach . . . new legal consequences to completed conduct, namely the services rendered by plaintiffs' counsel in advance …

Bousley v. Brooks, No. 95-2687 (8th Cir.) (97 F.3d 284) (October 3, 1996) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists

Bousley v. Brooks, No. 95-2687 (8th Cir.) (97 F.3d 284) (October 3, 1996) (Judge C. Arlen Beam) by Case held that defendant who was charged with "using" a firearm had waived his rights to argue that his conviction was in any way infirm - but see Bousley v. U.S., L.Ed.2d …

U.S. v. Branham, No. 95-5213 (6th Cir.) (97 F.3d 835) (October 4, 1996) (Judge Ann Aldrich)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Branham, No. 95-5213 (6th Cir.) (97 F.3d 835) (October 4, 1996) (Judge Ann Aldrich) by United States v. Branham, 97 F.3d 835 (6th Cir. 1996) United States v. McQuilkin, 97 F.3d 723 (3rd Cir. 1996) In 1994, the Sentencing Commission amended Application Note 2 to U.S.S.G. § 4B1.1 …