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Ashmus v. Calderon, No. C 96-1533 (TEH) (N.D.Cal.) (935 F.Supp. 1048) (June 14, 1996) (Judge Thelton E. Henderson)
Article • October 1, 1996 • from P&J October, 1996
Filed under: Punch And Jurists, Opt-In Requirements for Truncated Judicial Review
Ashmus v. Calderon, No. C 96-1533 (TEH) (N.D.Cal.) (935 F.Supp. 1048) (June 14, 1996) (Judge Thelton E. Henderson) by In this case Judge Henderson held that California's mechanism for appointment and compensation of competent counsel were objectively deficient and therefore the expedited review provisions of the AEPDA did not apply. …
U.S. v. Davis, No. 96-1156 (6th Cir.) (93 F.3d 1286) (August 26, 1996) (Judge Lesley Brooks Wells)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists
U.S. v. Davis, No. 96-1156 (6th Cir.) (93 F.3d 1286) (August 26, 1996) (Judge Lesley Brooks Wells) by This case shows a somewhat autocratic approach by a judge to a defendant's attempt "to offer the defenses of diminished capacaty and/or mental disease and/or defect and/or incapacity to form specific intent" …
U.S. v. Taylor, No. 95-1318, No. 1130 (2nd Cir.) (92 F.3d 1313) (August 16, 1996) (Judge Wilfred Feinberg)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Peremptory Challenges
U.S. v. Taylor, No. 95-1318, No. 1130 (2nd Cir.) (92 F.3d 1313) (August 16, 1996) (Judge Wilfred Feinberg) by United States v. Taylor, 92 F.3d 1313 (2nd Cir. 1996) (Judge Feinberg) Coulter v. Gramley, 93 F.3d 394 (7th Cir. 1996) (Judge Wood) As our criminal justice system continues to polarize …
U.S. v. Nunez-Rodriguez, No. 95-1887 (1st Cir.) (92 F.3d 14) (August 14, 1996) (Judge Conrad K. Cyr)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists
U.S. v. Nunez-Rodriguez, No. 95-1887 (1st Cir.) (92 F.3d 14) (August 14, 1996) (Judge Conrad K. Cyr) by The Court noted that the defendant "had admitted to long-term, daily use of marijuana, which would tend to support the conclusion that any diminished capacity me might have suffered [on the day …
U.S. v. Behr, No. 95-6775 (11th Cir.) (93 F.3d 764) (September 5, 1996) (Per Curiam)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts
U.S. v. Behr, No. 95-6775 (11th Cir.) (93 F.3d 764) (September 5, 1996) (Per Curiam) by The Eleventh Circuit holds that uncharged conduct that occurred outside the statute of limitations period can be considered as relevant conduct to enhance a sentence; and in the process it cites decisions from Second, …
Crawford-El v. Britton, No. 94-7203 (D.C. Cir.) (93 F.3d 813) (August 27, 1996) (Judge Stephen F. Williams)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Burden of Proof
Crawford-El v. Britton, No. 94-7203 (D.C. Cir.) (93 F.3d 813) (August 27, 1996) (Judge Stephen F. Williams) by
U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (91 F.3d 1462) (July 30, 1996) (Judge James L. Buckley)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Family Circumstances
U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (91 F.3d 1462) (July 30, 1996) (Judge James L. Buckley) by This decision amends, in minor ways, Judge Buckley's earlier unforgettably rigid and frigid opinion, reported at 78 F.3d 610 (D.C.Cir. 1996), which was discussed at length in the April 22, 1996 issue …
U.S. v. Pollack, No. 95-1141, No. 2068 (2nd Cir.) (91 F.3d 331) (July 31, 1996) (Judge Frank X. Altimari)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists
U.S. v. Pollack, No. 95-1141, No. 2068 (2nd Cir.) (91 F.3d 331) (July 31, 1996) (Judge Frank X. Altimari) by Case held that in evaluating the good faith of the prosecution's dissatisfaction with the defendant's cooperation, such dissatisfaction may not be based on bad faith, invidiousness or dishonesty. (Id., at …
U.S. v. Conley, No. 95-3556 (3rd Cir.) (92 F.3d 157) (August 1, 1996) (Judge Morton I. Greenberg)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Conspiracy, Punch And Jurists
U.S. v. Conley, No. 95-3556 (3rd Cir.) (92 F.3d 157) (August 1, 1996) (Judge Morton I. Greenberg) by Case held that a trial court's determination of the objects of a conspiracy for Guidelines purposes, after jury returned a general verdict which did not designate objects of conspiracy, did not violate …
U.S. v. Dewalt, No. 95-3103 (D.C. Cir.) (92 F.3d 1209) (August 20, 1996) (Judge Douglas Ginsburg)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Mens Rea Element
U.S. v. Dewalt, No. 95-3103 (D.C. Cir.) (92 F.3d 1209) (August 20, 1996) (Judge Douglas Ginsburg) by Here the Court held that a defendant's ignorance of the mens rea element of the offense with which he is charged renders his guilty plea involuntary as a matter of constitutional law. This …
U.S. v. Barajas-Nunez, No. 95-1643 (6th Cir.) (91 F.3d 826) (August 6, 1996) (Judge Karen Nelson Moore)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Lesser Harms
U.S. v. Barajas-Nunez, No. 95-1643 (6th Cir.) (91 F.3d 826) (August 6, 1996) (Judge Karen Nelson Moore) by Here the Court held that the district court had not erred in determining that a departure was warranted under § 5K2.11 because the defenant perceived that his girlfriend was in grave danger …
U.S. v. Stover, No. 95-3148 (8th Cir.) (93 F.3d 1379) (August 22, 1996) (Judge Theodore McMillian)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists
U.S. v. Stover, No. 95-3148 (8th Cir.) (93 F.3d 1379) (August 22, 1996) (Judge Theodore McMillian) by The Court first rejected the Government's contention that Guideline Amendment was a mere "clarification" of § 3A1.1. It wrote: "notwithstanding the Sentencing Commission's description of Amendent 521 as a "clarification," we hold that …
U.S. v. Buchanan, No. 95-10188-NG (D.Mass.) (930 F.Supp. 657) (June 4, 1996) (Judge Nancy Gertner)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Joinder of Offenses and/or Defendants
U.S. v. Buchanan, No. 95-10188-NG (D.Mass.) (930 F.Supp. 657) (June 4, 1996) (Judge Nancy Gertner) by In this decision, Judge Gertner gives an instructive analysis of Rules 8(a) and 14 of the Fed.R.Crim.P., which deal with the joinder and misjoinder of separate offenses in a single indictment. The defendant was …
U.S. v. Albers, No. 95-3023 (10th Cir.) (93 F.3d 1469) (August 23, 1996) (Judge William J. Jr. Holloway)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Aggravating Role
U.S. v. Albers, No. 95-3023 (10th Cir.) (93 F.3d 1469) (August 23, 1996) (Judge William J. Jr. Holloway) by In reversing a four-level enhancement for being an organizer or leader of the criminal activity, the Court emphasized that it is not sufficient to show that the defendant played an "important …
U.S. v. Dewalt, No. 95-3103 (D.C. Cir.) (92 F.3d 1209) (August 20, 1996) (Judge Douglas Ginsburg)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Knowingly and Voluntarily Made
U.S. v. Dewalt, No. 95-3103 (D.C. Cir.) (92 F.3d 1209) (August 20, 1996) (Judge Douglas Ginsburg) by Here the Court reversed a gun conviction due to the failure of the district court adequately to notify the defendant of the nature of the charges to which he pleading guilty in violation …
Coulter v. Gramley, No. 93-2621 (7th Cir.) (93 F.3d 394) (August 21, 1996) (Judge Diane P. Wood)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Peremptory Challenges
Coulter v. Gramley, No. 93-2621 (7th Cir.) (93 F.3d 394) (August 21, 1996) (Judge Diane P. Wood) by In reversing the defendant's conviction after the prosecution used peremptory challenges to exclude nine of ten Blacks from the jury, the Court held that even a single improper removal of a juror …
U.S. v. Houlihan, No. 95-1614 (1st Cir.) (92 F.3d 1271) (August 22, 1996) (Judge Bruce M. Selya)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Hearsay Evidence/Exceptions
U.S. v. Houlihan, No. 95-1614 (1st Cir.) (92 F.3d 1271) (August 22, 1996) (Judge Bruce M. Selya) by Court observed that the Supreme Court "has yet to plot the crossroads at which the Confrontation Clause and the hearsay principles embedded in the Evidence Rules intersect". This case is noted in …
U.S. v. Houlihan, No. 95-1614 (1st Cir.) (92 F.3d 1271) (August 22, 1996) (Judge Bruce M. Selya)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues
U.S. v. Houlihan, No. 95-1614 (1st Cir.) (92 F.3d 1271) (August 22, 1996) (Judge Bruce M. Selya) by Case held that the Government does not violate the Jencks Act by instructing all but most senior prosecutors to refrain from taking notes during pretrial interviews.
U.S. v. Stover, No. 95-3148 (8th Cir.) (93 F.3d 1379) (August 22, 1996) (Judge Theodore McMillian)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Delegation of Authority
U.S. v. Stover, No. 95-3148 (8th Cir.) (93 F.3d 1379) (August 22, 1996) (Judge Theodore McMillian) by United States v. Stover, 93 F.3d 1379 (8th Cir. 1996) (Judge McMillian) Smullen v. United States, 94 F.3d 20 (1st Cir. 1996) (Judge Campbell) United States v. Mortimer, 94 F.3d 89 (2nd Cir. …
U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (91 F.3d 1462) (July 30, 1996) (Judge James L. Buckley)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Family Circumstances
U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (91 F.3d 1462) (July 30, 1996) (Judge James L. Buckley) by Case held that a mother of three young children is not entitled to sentencing departure based on "extraordinary" circumstances. This decision amends, in minor ways, Judge Buckley's earlier unforgettably rigid and frigid …
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