Search | Punch and Jurists

Lewis v. Sacramento County, No. 93-15924 (9th Cir.) (98 F.3d 434) (October 9, 1996) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Deliberate Indifference

Lewis v. Sacramento County, No. 93-15924 (9th Cir.) (98 F.3d 434) (October 9, 1996) (Judge Harry Pregerson) by This 42 U.S.C. § 1983 case involved a high-speed pursuit of two teenagers on a motorcycle by a law enforcement officer in a patrol car. One of the teenagers was killed. The …

U.S. v. Nesser, No. Crim. No. 95-36 (W.D.Pa.) (937 F.Supp. 507) (August 6, 1996) (Judge Robert J. Cindrich)

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

Filed under: Punch And Jurists, Exceptions

U.S. v. Nesser, No. Crim. No. 95-36 (W.D.Pa.) (937 F.Supp. 507) (August 6, 1996) (Judge Robert J. Cindrich) by Here the Court analyzes the three exceptions to the general rule that a defendant has no right to bail after conviction but before sentencing. This case explores the bases upon which …

Nickel v. Hannigan, No. 94-3417 (10th Cir.) (97 F.3d 403) (September 30, 1996) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Nickel v. Hannigan, No. 94-3417 (10th Cir.) (97 F.3d 403) (September 30, 1996) (Judge Robert H. Henry) by Case held that even where a defendant is mentally impaired and the officer was aware of the impairment, a confession will be suppressed as involuntary only if the officers use coercive measures …

U.S. v. McQuilkin, No. 95-2092 (3rd Cir.) (97 F.3d 723) (October 15, 1996) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. McQuilkin, No. 95-2092 (3rd Cir.) (97 F.3d 723) (October 15, 1996) (Judge Anthony J. Scirica) by United States v. McQuilkin, 97 F.3d 723 (3rd Cir. 1996) United States v. Branham, 97 F.3d 835 (6th Cir. 1996) In 1994, the Sentencing Commission amended Application Note 2 to U.S.S.G. § …

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, Brady/Giglio/Jencks Act Issues

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

U.S. v. Kemp, No. CR 96-AR-165-W (N.D.Ala.) (938 F.Supp. 1554) (September 6, 1996) (Judge William M. Jr. Acker)

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

Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)

U.S. v. Kemp, No. CR 96-AR-165-W (N.D.Ala.) (938 F.Supp. 1554) (September 6, 1996) (Judge William M. Jr. Acker) by Here the Court held the Mandatory Victims Restitution Act was unconstitutional; and of note the court quotes at length from a statement made by Judge Maryanne Barry Trump to Congress which …

U.S. v. Jinadu, No. 95-3833 (6th Cir.) (98 F.3d 239) (October 17, 1996) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists, Admissions

U.S. v. Jinadu, No. 95-3833 (6th Cir.) (98 F.3d 239) (October 17, 1996) (Judge Leroy J. Jr. Contie) by This case is noted because it reviews the difficult and elusive concept of "adoptive admissions" under Rule 801(d)(2)(B). Essentially that Rule holds that adoptive admissions are not hearsay because the defendants’ …

U.S. v. McHenry, No. 95-3638 (6th Cir.) (97 F.3d 125) (October 1, 1996) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Federal Carjacking Statute

U.S. v. McHenry, No. 95-3638 (6th Cir.) (97 F.3d 125) (October 1, 1996) (Judge Karen Nelson Moore) by Case is noted for Judge Batchelder's dissent, which raised probong questions about the constitutionality of the Federal Carjacking Statute, which she argues neither sqaures with a Government of limited and enumerated powers …

U.S. v. Sanders, No. 95-3759 (6th Cir.) (97 F.3d 856) (October 9, 1996) (Judge Damon J. Keith)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Sanders, No. 95-3759 (6th Cir.) (97 F.3d 856) (October 9, 1996) (Judge Damon J. Keith) by Court rejected defendant's claim that Congress exceeded its powers under the Commerce Clause when it enacted 18 USC § 922(g).

U.S. v. Petersen, No. 96-50037 (9th Cir.) (98 F.3d 502) (October 22, 1996) (Judge Betty Binns Fletcher)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Petersen, No. 96-50037 (9th Cir.) (98 F.3d 502) (October 22, 1996) (Judge Betty Binns Fletcher) by Case held that a defendant who had already executed a fraudulent $150,000 wire transfer and was thwarted only when the bank president seized the funds before the defendant had a chance to …

U.S. v. Sanders, No. 95-3759 (6th Cir.) (97 F.3d 856) (October 9, 1996) (Judge Damon J. Keith)

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

Filed under: Punch And Jurists, Downward Departures

U.S. v. Sanders, No. 95-3759 (6th Cir.) (97 F.3d 856) (October 9, 1996) (Judge Damon J. Keith) by Case held that district court erred in concluding that it lacked the authority to make a downward departure, despite language in Guidelines prescribes Category IV as a "minimum" starting point for the …

U.S. v. Sanders, No. 95-3759 (6th Cir.) (97 F.3d 856) (October 9, 1996) (Judge Damon J. Keith)

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

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

U.S. v. Sanders, No. 95-3759 (6th Cir.) (97 F.3d 856) (October 9, 1996) (Judge Damon J. Keith) by Case held that prior State conviction for involuntary manslaughter was a "violent offense" for purposes of the Armed Career Criminal Act.

U.S. v. Duran, No. 95-3096 (D.C. Cir.) (96 F.3d 1495) (October 8, 1996) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Witnesses - Examination of

U.S. v. Duran, No. 95-3096 (D.C. Cir.) (96 F.3d 1495) (October 8, 1996) (Judge Patricia M. Wald) by Among the many issues raised in this case was a claim that the trial judge had shown improper partiality towards the Government's case, in violation of Rule 614(b) of the Fed.R.Evid. In …

U.S. v. Olvis, No. 96-4009 (4th Cir.) (97 F.3d 739) (October 11, 1996) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Olvis, No. 96-4009 (4th Cir.) (97 F.3d 739) (October 11, 1996) (Judge Paul V. Niemeyer) by United States v. Olvis, 97 F.3d 739 (4th Cir. 1996) (Judge Niemeyer) United States v. Sloan, 97 F.3d 1378 (11th Cir. 1996) (Judge Kravitch) Last week The New York Times reported still …

U.S. v. Calhoon, No. 95-8171 (11th Cir.) (97 F.3d 518) (October 16, 1996) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Calhoon, No. 95-8171 (11th Cir.) (97 F.3d 518) (October 16, 1996) (Judge William W. Schwarzer) by One of the issues discussed in this case was the defendant's claim that the district court's refusal to grant him an adjustment for acceptance of responsibility after he went to trial amounted …

U.S. v. Taylor, No. 96-3082 (10th Cir.) (97 F.3d 1360) (October 8, 1996) (Judge James E. Barrett)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Taylor, No. 96-3082 (10th Cir.) (97 F.3d 1360) (October 8, 1996) (Judge James E. Barrett) by Case held that a dismissed drug consipracy count was "groupable" with a drug manufacturing count to which the defendant pled guilty.

O'Dell v. Netherland, No. 94-4013 (4th Cir.) (95 F.3d 1214) (December 5, 1995) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists

O'Dell v. Netherland, No. 94-4013 (4th Cir.) (95 F.3d 1214) (December 5, 1995) (Judge J. Michael Luttig) by This lengthy habeas corpus decision involves the fairness of a death sentence that was imposed after the trial judge refused to allow the petitioner to inform the jury that he was statutorily …

U.S. v. Price, No. 95-50467 (5th Cir.) (95 F.3d 364) (September 4, 1996) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Price, No. 95-50467 (5th Cir.) (95 F.3d 364) (September 4, 1996) (Per Curiam) by This is another one of those "Zap the Rat" cases which shows both the seductive, but deceptive, traps for the unwary that are set out by the Government to induce defendants to provide substantial …

U.S. v. Ming He, No. 95-1331, No. 544 (2nd Cir.) (94 F.3d 782) (September 3, 1996) (Judge Eugene H. Nickerson)

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

Filed under: Punch And Jurists, Interviews/Debriefing

U.S. v. Ming He, No. 95-1331, No. 544 (2nd Cir.) (94 F.3d 782) (September 3, 1996) (Judge Eugene H. Nickerson) by Here, after noting that "the potential for unfair treatment [of cooperating witnesses] is troubling", the Court vacated a conviction because the prosecitor failed to heed prior warnings that uncounseled …

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (96 F.3d 1132) (September 23, 1996) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (96 F.3d 1132) (September 23, 1996) (Judge Michael Daly Hawkins) by In this decision, an en banc Court reconsiders and then reaffirms its long standing principle that automatic reversal of a conviction is required when a trial court erroneously deprives a criminal defendant …