Search | Punch and Jurists

Cabello v. U.S., No. 98-1543 (7th Cir.) (188 F.3d 871) (August 18, 1999) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Conflict of Interest

Cabello v. U.S., No. 98-1543 (7th Cir.) (188 F.3d 871) (August 18, 1999) (Judge Diane P. Wood) by In this case, the defendant was first represented by court-appointed counsel. On the eve of trial, another lawyer appeared and announced that he would be representing the defendant. Neither the judge, the …

U.S. v. Register, No. 96-2599 (11th Cir.) (182 F.3d 820) (July 29, 1999) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Pre-Trial Restraint of Assets

U.S. v. Register, No. 96-2599 (11th Cir.) (182 F.3d 820) (July 29, 1999) (Judge Phyllis A. Kravitch) by One of the many issues raised in this case was whether the district court had erred in refusing to grant Charles Register an adversarial, pre-trial hearing with respect to the government's filing …

U.S. v. Messino, No. 99-1674 (7th Cir.) (181 F.3d 826) (June 22, 1999) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Messino, No. 99-1674 (7th Cir.) (181 F.3d 826) (June 22, 1999) (Judge William J. Bauer) by Here the Seventh Circuit held that the district court had abused its discretion by excluding the testimony of a Government witness in order to remedy an attorney conflict of interest, holding that …

U.S. v. Martinez, No. 97-20443 (5th Cir.) (181 F.3d 627) (July 15, 1999) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Martinez, No. 97-20443 (5th Cir.) (181 F.3d 627) (July 15, 1999) (Judge Patrick E. Higginbotham) by Here the Court vacated a conviction because the district court rejected the defendant's vague statement that he had been improperly denied the right to testify on his own behalf without giving him …

U.S. v. White, No. 98-1102 (2nd Cir.) (174 F.3d 290) (April 23, 1999) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. White, No. 98-1102 (2nd Cir.) (174 F.3d 290) (April 23, 1999) (Judge Jose A. Cabranes) by The defendant in this case was found guilty by a jury of bank fraud. At a hearing to resolve various sentencing issues, he requested substitute counsel, criticizing his attorney's decision not to …

Anders v. California, No. 98 (U.S. Supreme Court) (386 U.S. 738; 87 S.Ct. 1396) (May 8, 2067) (Justice Clark)

Article • April 4, 1999

Filed under: Punch And Jurists, Anders Brief

Anders v. California, No. 98 (U.S. Supreme Court) (386 U.S. 738; 87 S.Ct. 1396) (May 8, 2067) (Justice Clark) by Here the Court outlined the procedures that defense counsel must follow if he determines that an appeal would be frivolous, and held that a "no merit" brief did not comply …

Delgado v. Lewis, No. 97-56162 (9th Cir.) (168 F.3d 1148) (February 23, 1999) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Anders Brief

Delgado v. Lewis, No. 97-56162 (9th Cir.) (168 F.3d 1148) (February 23, 1999) (Judge Sidney R. Thomas) by In this case the Court concluded that the petitioner had been denied effective assistance of counsel both at the trial and appellate levels, in the later case because counsel failed to raise …

U.S. v. Granados, No. 97-2434 (8th Cir.) (168 F.3d 343) (February 11, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Granados, No. 97-2434 (8th Cir.) (168 F.3d 343) (February 11, 1999) (Per Curiam) by To help put the label of "ineffective assistance of counsel" in context, there ought to be a similar label for "ineffective rulings by judges." The reason is that, while judges seem to survive unscathed …

Ludwig v. U.S., No. 97-3456 (6th Cir.) (162 F.3d 456) (December 21, 1998) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Strickland Standard

Ludwig v. U.S., No. 97-3456 (6th Cir.) (162 F.3d 456) (December 21, 1998) (Judge Allen E. Norris) by By holding that there is no bright line rule that establishes ineffective assistance of counsel due to the failure of counsel to file a notice of appeal, the Sixth Circuit joined a …

U.S. v. Moore, No. 92-10026 (9th Cir.) (159 F.3d 1154) (September 23, 1998) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Moore, No. 92-10026 (9th Cir.) (159 F.3d 1154) (September 23, 1998) (Judge Betty Binns Fletcher) by Here the Ninth Circuit, through Judge Fletcher, dealt with another controversial issue in this case - whether and under what circumstances a conflict of interest between an attorney and his client will …

U.S. v. Luciano, No. 97-1221, No. 131 (2nd Cir.) (158 F.3d 655) (October 15, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Luciano, No. 97-1221, No. 131 (2nd Cir.) (158 F.3d 655) (October 15, 1998) (Per Curiam) by Last year the Second Circuit authoritatively pronounced: "We have never held that a failure to pay fees or an attorney's motion to withdraw for his clients failure to pay, without more, gives …

Robbins v. Smith, No. 95-56640 (9th Cir.) (152 F.3d 1062) (September 23, 1997) (Judge Proctor Jr. Hug)

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

Filed under: Punch And Jurists, Anders Brief

Robbins v. Smith, No. 95-56640 (9th Cir.) (152 F.3d 1062) (September 23, 1997) (Judge Proctor Jr. Hug) by This case, subsequently reversed by the Supreme Court, held that the defendant received ineffective assistance of counsel by filing a no-merits "Anders" brief that failied to identify any arguable issues, even though …

U.S. v. Mohammad, No. 95 C 7428 (N.D.Ill.) (999 F.Supp. 1198) (April 7, 1998) (Judge Robert W. Gettleman)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Mohammad, No. 95 C 7428 (N.D.Ill.) (999 F.Supp. 1198) (April 7, 1998) (Judge Robert W. Gettleman) by This case is a prime example of how dicta can often be overly broad. The defendant in this case was convicted of multiple counts of bankruptcy fraud, mail and wire fraud, …

U.S. v. Jiang, No. 97-1245 (2nd Cir.) (140 F.3d 124) (March 19, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Jiang, No. 97-1245 (2nd Cir.) (140 F.3d 124) (March 19, 1998) (Per Curiam) by Case held that fact that defense counsel's partner had represented defendant's co-conspirator in related forfeiture proceedings did not warrant automatic reversal, but required remand to determine whether conflict in fact existed.

U.S. v. McKinnon, No. 91-299-CR-T-17B (M.D.Fla.) (995 F.Supp. 1404) (February 24, 1998) (Judge Elizabeth A. Kovachevich)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. McKinnon, No. 91-299-CR-T-17B (M.D.Fla.) (995 F.Supp. 1404) (February 24, 1998) (Judge Elizabeth A. Kovachevich) by Court ordered an evidentiary hearing to determine if defense counsel had shown an excessive concern for the welfare of the defendant's co-defendants to the point of substantial prejudice. This is a case that …

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 550) (March 4, 1998) (Judge Peter K. Leisure)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 550) (March 4, 1998) (Judge Peter K. Leisure) by Case rejected claim of ineffective assistance of counsel based on counsel's alleged sleeping through a substantial portion of defendant's trial. Among the many issues raised in this motion for …

U.S. v. Taylor, No. 97-3028 (D.C. Cir.) (139 F.3d 924) (April 3, 1998) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Taylor, No. 97-3028 (D.C. Cir.) (139 F.3d 924) (April 3, 1998) (Judge Judith W. Rogers) by Case rejected claim that counsel's persistent demands for money created a conflict, but it ordered an evidentiary hearing on the claim that counsel had a conflict by failing to raise an incorrect …

U.S. v. McKinnon, No. 91-299-CR-T-17B (M.D.Fla.) (995 F.Supp. 1404) (February 24, 1998) (Judge Elizabeth A. Kovachevich)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. McKinnon, No. 91-299-CR-T-17B (M.D.Fla.) (995 F.Supp. 1404) (February 24, 1998) (Judge Elizabeth A. Kovachevich) by This is a case that simmers with intrigue. Essentially, over the strong objections of the Government, Judge Kovachevich ordered an evidentiary hearing to determine whether the defendant had been denied effective assistance of …

U.S. v. Beckwith, No. 97-CR-176 K (D.Utah) (987 F.Supp. 1345) (December 23, 1997) (Judge Magistrate)

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

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Beckwith, No. 97-CR-176 K (D.Utah) (987 F.Supp. 1345) (December 23, 1997) (Judge Magistrate) by Relying on an unpublished decision, the magistrate judge warned that if prisoners abuse their right to represent themselves, they may face a sentence increase for obstruction. This is one of those indigent pro se …

Bloom v. Calderon, No. 95-99005 (9th Cir.) (132 F.3d 1267) (December 24, 1997) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Strickland Standard

Bloom v. Calderon, No. 95-99005 (9th Cir.) (132 F.3d 1267) (December 24, 1997) (Judge David R. Thompson) by Case held that trial counsel was constitutionally ineffective due to his failure to obtain and prepare psychiatric witness; and that such ineffective assistance of counsel seriously prejudiced the defendant to the degree …