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Sanders v. U.S., No. 202 (U.S. Supreme Court) (373 U.S. 1; 83 S.Ct. 1068) (April 29, 2063) (Justice Brennan)

Article • February 22, 1999

Filed under: Punch And Jurists, Law of the Case

Sanders v. U.S., No. 202 (U.S. Supreme Court) (373 U.S. 1; 83 S.Ct. 1068) (April 29, 2063) (Justice Brennan) by The Court reasoned that "notions of finality in litigation have no place where life or liberty is at stake and infringement of constitutional rights is alleged." (Id., at 8). Here, …

U.S. v. Scrivner, No. 97-35584 (9th Cir.) (189 F.3d 825) (September 1, 1999) (Judge Stephen S. Trott)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Law of the Case

U.S. v. Scrivner, No. 97-35584 (9th Cir.) (189 F.3d 825) (September 1, 1999) (Judge Stephen S. Trott) by In this memorandum order, on a Government motion for reconsideration, the Court reversed the panel's previous decision, reported at 167 F.3d 525, on the grounds that the law of the case doctrine …

U.S. v. Scrivner, No. 97-35584 (9th Cir.) (167 F.3d 525) (February 5, 1999) (Judge Stephen S. Trott)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Law of the Case

U.S. v. Scrivner, No. 97-35584 (9th Cir.) (167 F.3d 525) (February 5, 1999) (Judge Stephen S. Trott) by This is an important decision which made significant rulings on two separate issues: first, it held that the "law of the case" doctrine is inapplicable to habeas corpus proceedings; and, second, it …

Smith v. Barry, No. 90-7477 (U.S. Supreme Court) (502 U.S. 244; 112 S.Ct. 678) (January 14, 1992) (Justice O'Connor)

Article • November 21, 1998

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

Smith v. Barry, No. 90-7477 (U.S. Supreme Court) (502 U.S. 244; 112 S.Ct. 678) (January 14, 1992) (Justice O'Connor) by The Court also noted that "Although courts should construe Rule 3 liberally when determining whether it has been complied with, non compliance is fatal to an appeal." (Id., at 248) …

U.S. v. Cain, No. 97-2991 (7th Cir.) (155 F.3d 840) (August 12, 1998) (Judge Ilana Diamond Rovner)

Article • October 1, 1998 • from P&J October, 1998

Filed under: Punch And Jurists, Preservation of Appellate Rights/Issues

U.S. v. Cain, No. 97-2991 (7th Cir.) (155 F.3d 840) (August 12, 1998) (Judge Ilana Diamond Rovner) by In holding that the defendant had failed to preserve his rights to contest the denial of a suppression motion when he entered into an uncondictional guilty plea, the Court stated: "The Federal …

U.S. v. Coscarelli, No. 96-20264 (5th Cir.) (149 F.3d 342) (July 30, 1998) (Judge Edith H. Jones)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

U.S. v. Coscarelli, No. 96-20264 (5th Cir.) (149 F.3d 342) (July 30, 1998) (Judge Edith H. Jones) by After the Government alone appealed from a sentencing decision, the Court held that the defendant's failure to file a notice of appeal precluded him from receiving affirmative relief from the appellate court. …

U.S. v. Atterberry, No. 97-3149 (10th Cir.) (144 F.3d 1299) (May 18, 1998) (Judge Wade Brorby)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Atterberry, No. 97-3149 (10th Cir.) (144 F.3d 1299) (May 18, 1998) (Judge Wade Brorby) by Here the Tenth Circuit approved enforcement of a waiver-of-appeal provision in a plea agreement that did not specify a sentence or a range of sentences without discussing the significance of that omission. In …

Morales v. U.S., No. 96-2872, No. 1044 (2nd Cir.) (143 F.3d 94) (May 4, 1998) (Per Curiam)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

Morales v. U.S., No. 96-2872, No. 1044 (2nd Cir.) (143 F.3d 94) (May 4, 1998) (Per Curiam) by Rejecting the Ninth Circuit view, the Second Circuit ruled that counsel's failure to file an appeal does not consitute per se ineffective assistance of counsel. By holding that there is no per …

U.S. v. Jester, No. 97-2597 (7th Cir.) (139 F.3d 1168) (April 6, 1998) (Judge Joel L. Flaum)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Jester, No. 97-2597 (7th Cir.) (139 F.3d 1168) (April 6, 1998) (Judge Joel L. Flaum) by Case held that exemption portion of statute, permitting some classes of felons to own guns, does not violate the Equal Protection Clause. Among its holdings in this case, the Court ruled that …

U.S. v. Martinez-Rios, No. 97-1021 (2nd Cir.) (143 F.3d 662) (May 4, 1998) (Judge Jon O. Newman)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Martinez-Rios, No. 97-1021 (2nd Cir.) (143 F.3d 662) (May 4, 1998) (Judge Jon O. Newman) by One of the issues discussed in this case was how an appellate court should proceed when it determines that a provision in a plea agreement waiving a defendant's right of appeal is …

U.S. v. Johnson, No. 97-0305(HHG) (D.D.C.) (992 F.Supp. 437) (September 29, 1997) (Judge Harold H. Greene)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Johnson, No. 97-0305(HHG) (D.D.C.) (992 F.Supp. 437) (September 29, 1997) (Judge Harold H. Greene) by Although the ruling in this case has pretty much been foreclosed by contrary decisions from virtually all the Circuits, this decision is noted because of the strong words with which Judge Harold Greene …

U.S. v. Martinez-Rios, No. 97-1021 (2nd Cir.) (143 F.3d 662) (May 4, 1998) (Judge Jon O. Newman)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Martinez-Rios, No. 97-1021 (2nd Cir.) (143 F.3d 662) (May 4, 1998) (Judge Jon O. Newman) by Court revisited an "unorthodox" form of appeal waiver provision that some prosecutors have recently been attempting to use and held that the appropriate remedy was to sever the invalid provision from the …

In Re Bennett, No. 97-3461 (11th Cir.) (136 F.3d 1279) (March 10, 1998) (Judge Edward E. Carnes)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Mandamus, Writ of

In Re Bennett, No. 97-3461 (11th Cir.) (136 F.3d 1279) (March 10, 1998) (Judge Edward E. Carnes) by Here the Court granted a Writ of Mandamus after the petitioner complained about a two year delay in deciding his habeas petition - although shortly thereafter the writ was recalled and vacated …

U.S. v. Ovalle, No. 94-1566 (6th Cir.) (136 F.3d 1092) (February 23, 1998) (Judge Karen Nelson Moore)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Ovalle, No. 94-1566 (6th Cir.) (136 F.3d 1092) (February 23, 1998) (Judge Karen Nelson Moore) by The Court stated: "Federal Rule of Criminal Procedure 12(b)(2) provides that '[d]efenses and objections based on defects in the indictment or information . . . ' must be raised prior to trial. …

U.S. v. Kahoe, No. 96-7215 (4th Cir.) (134 F.3d 1230) (January 28, 1998) (Judge William W. Jr. Wilkins)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Kahoe, No. 96-7215 (4th Cir.) (134 F.3d 1230) (January 28, 1998) (Judge William W. Jr. Wilkins) by The gun activists often claim that the Government lives in abject fear of anyone (except, of course, Government employees) possessing guns - because an armed citizenry poses a threat to its …

U.S. v. Kahoe, No. 96-7215 (4th Cir.) (134 F.3d 1230) (January 28, 1998) (Judge William W. Jr. Wilkins)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Kahoe, No. 96-7215 (4th Cir.) (134 F.3d 1230) (January 28, 1998) (Judge William W. Jr. Wilkins) by

U.S. v. Wolny, No. 96-4169 (10th Cir.) (133 F.3d 758) (January 6, 1998) (Judge Robert H. Henry)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Judicial Notice of Adjudicative Facts

U.S. v. Wolny, No. 96-4169 (10th Cir.) (133 F.3d 758) (January 6, 1998) (Judge Robert H. Henry) by In this case the defendant was convicted of attempted money laundering in violation of 18 U.S.C. § 1956(a)(3)(B). On appeal, one of the issues raised was that the district court had erred …

U.S. v. Woolley, No. 96-1806 (7th Cir.) (123 F.3d 627) (August 18, 1997) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Woolley, No. 96-1806 (7th Cir.) (123 F.3d 627) (August 18, 1997) (Judge John L. Coffey) by Case is noted for its listing of decisions affirming the validity of appeal waiver provisions. United States v. Rosa, 123 F.3d 94 (2nd Cir. 1997) (Judge Oakes) United States v. Wolley, 123 …

U.S. v. Sandoval-Lopez, No. 96-30349 (9th Cir.) (122 F.3d 797) (August 8, 1997) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Sandoval-Lopez, No. 96-30349 (9th Cir.) (122 F.3d 797) (August 8, 1997) (Judge Stephen Reinhardt) by

U.S. v. Rosa, No. 96-1530, No. 1586 (2nd Cir.) (123 F.3d 94) (August 19, 1997) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Rosa, No. 96-1530, No. 1586 (2nd Cir.) (123 F.3d 94) (August 19, 1997) (Judge James L. Oakes) by A collection of thoughts of the validity of waivers of rights of appeal in plea agreements. QUOTE OF THE WEEK - Some thoughts on waivers of rights of appeal in …