Search | Punch and Jurists

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (104 F.3d 377) (January 7, 1997) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (104 F.3d 377) (January 7, 1997) (Judge David B. Sentelle) by United States v. Moore, 104 F.3d 377 (D.C.Cir. 1997) (Judge Sentelle) United States v. Wing, 104 F.3d 986 (7th Cir. 1997) (Judge Flaum) With so few criminal cases going to trial these …

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (104 F.3d 377) (January 7, 1997) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (104 F.3d 377) (January 7, 1997) (Judge David B. Sentelle) by Case held it was improper to comment on the defendant's post-arrest silence, but ruled the error was harmless.

U.S. v. Turner, No. 95-50494 (9th Cir.) (104 F.3d 1180) (January 16, 1997) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Turner, No. 95-50494 (9th Cir.) (104 F.3d 1180) (January 16, 1997) (Judge John T. Jr. Noonan) by Following the Supreme Court's ruling in U.S. v. Armstrong, 517 U.S. 456 (1996), the Ninth Circuit reversed a district court's discovery order underlying a selective prosecution claim, stating that the defendant …

DiNicola v. DiPaolo, No. CIV 94-323 Erie (W.D.Pa.) (945 F.Supp. 848) (November 6, 1996) (Judge Sean J. McLaughlin)

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

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

DiNicola v. DiPaolo, No. CIV 94-323 Erie (W.D.Pa.) (945 F.Supp. 848) (November 6, 1996) (Judge Sean J. McLaughlin) by This case involved a claim for damages by an arrestee, under 42 U.S.C. § 1983, for a broad range of violations to his civil rights, including malicious prosecution. Key to the …

DiNicola v. DiPaolo, No. CIV 94-323 Erie (W.D.Pa.) (945 F.Supp. 848) (November 6, 1996) (Judge Sean J. McLaughlin)

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

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

DiNicola v. DiPaolo, No. CIV 94-323 Erie (W.D.Pa.) (945 F.Supp. 848) (November 6, 1996) (Judge Sean J. McLaughlin) by This case involved a claim for damages by an arrestee, under 42 U.S.C. § 1983, for a broad range of violations to his civil rights, including malicious prosecution. Key to the …

Tuite v. Henry, No. 95-5375 (D.C. Cir.) (98 F.3d 1411) (November 1, 1996) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Office of Professional Responsibility (OPR)

Tuite v. Henry, No. 95-5375 (D.C. Cir.) (98 F.3d 1411) (November 1, 1996) (Judge Harry T. Edwards) by Another whitewash?!! This is yet another case about an alleged investigation conducted by the Office of Professional Responsibility of the Department of Justice ("OPR"), the watchdog division of that Department of Justice …

U.S. v. Bates, No. 89 CR 908 (N.D.Ill.) (940 F.Supp. 1251) (September 16, 1996) (Judge Richard Mills)

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

Filed under: Punch And Jurists, Outrageous Government Misconduct

U.S. v. Bates, No. 89 CR 908 (N.D.Ill.) (940 F.Supp. 1251) (September 16, 1996) (Judge Richard Mills) by This case is a continuation of the El Rukn's fiasco, a series of related cases from Chicago that arose out of two massive indictments filed in 1989 against 65 alleged members of …

Tuite v. Henry, No. 95-5375 (D.C. Cir.) (98 F.3d 1411) (November 1, 1996) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Office of Professional Responsibility (OPR)

Tuite v. Henry, No. 95-5375 (D.C. Cir.) (98 F.3d 1411) (November 1, 1996) (Judge Harry T. Edwards) by Quotes from David Burnham's book "Above the Law" about the hypocricy and impotence of the Office of Professional Responsibility. QUOTE OF THE WEEK - Never having to say you're sorry! Much has …

U.S. v. Gatling, No. 95-3064 (D.C. Cir.) (96 F.3d 1511) (October 8, 1996) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Improper Comments

U.S. v. Gatling, No. 95-3064 (D.C. Cir.) (96 F.3d 1511) (October 8, 1996) (Judge Patricia M. Wald) by One issue addressed by the Court in this decision was alleged improper comments made by the prosecutor during summation. The Court emphasized that a conviction will be reversed for improper comments only …

U.S. v. Ivy, No. 94-6131 (10th Cir.) (83 F.3d 1266) (May 10, 1996) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Ivy, No. 94-6131 (10th Cir.) (83 F.3d 1266) (May 10, 1996) (Judge Wade Brorby) by Faced with a rather clear violation of a district court's order that the Government provide the defendants in this case with the substance of any statements made by the defendants before trial, the …

U.S. v. Muse, No. 95-5315 (4th Cir.) (83 F.3d 672) (May 13, 1996) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Muse, No. 95-5315 (4th Cir.) (83 F.3d 672) (May 13, 1996) (Judge Diana Gribbon Motz) by Here the Court held that the district court did not abuse its discretion by refusing to grant the defendant's request for a hearing outside the jury's presence on the Government's discovery violations. …

U.S. v. Williams, No. 92-2794 (7th Cir.) (81 F.3d 1434) (April 23, 1996) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Outrageous Government Misconduct

U.S. v. Williams, No. 92-2794 (7th Cir.) (81 F.3d 1434) (April 23, 1996) (Judge Richard A. Posner) by This is another of the many cases involving the El Rukns street gang from Chicago - one of the most outrageous examples of prosecutorial misconduct - and subsequent cover-up - in the …

Yohn v. Love, No. 95-1412 (3rd Cir.) (76 F.3d 508) (February 9, 1996) (Judge Carol Los Mansmann)

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

Filed under: Punch And Jurists, Ex Parte and In Camera Communications

Yohn v. Love, No. 95-1412 (3rd Cir.) (76 F.3d 508) (February 9, 1996) (Judge Carol Los Mansmann) by This is one of those perfectly outlandish cases, filled with sordid details about a prosecutor's personal mission to get a conviction at any cost and the active participation of the Chief Justice …

U.S. v. Small, No. 93-3161 (D.C. Cir.) (74 F.3d 1276) (January 30, 1996) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Improper Comments

U.S. v. Small, No. 93-3161 (D.C. Cir.) (74 F.3d 1276) (January 30, 1996) (Judge Judith W. Rogers) by Here the Court rejected defendant's claims that the prosecutor's improper comments during his opening and closing statements denied the defendant a right to a fair trial, although the Court was highly critical …

U.S. v. Turner, No. CR 94-649 (JSL) (C.D.Cal.) (901 F.Supp. 1491) (October 12, 1995) (Judge J. Spencer Letts)

Article • December 1, 1995

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Turner, No. CR 94-649 (JSL) (C.D.Cal.) (901 F.Supp. 1491) (October 12, 1995) (Judge J. Spencer Letts) by This is a powerful, but extremely disturbing, decision by Judge Letts who caustically denounces the conduct of the U.S. Attorney's Office for bringing an indictment which he labels "a mere pretext …

U.S. v. Graciani, No. 94-1879 (1st Cir.) (61 F.3d 70) (July 24, 1995) (Judge Bruce M. Selya)

Article • September 1, 1995

Filed under: Punch And Jurists, New Trial - Motions for

U.S. v. Graciani, No. 94-1879 (1st Cir.) (61 F.3d 70) (July 24, 1995) (Judge Bruce M. Selya) by This multi-issue sentencing decision by the pedantic Judge Selya is cited for two holdings. First he holds that it is "pellucid" that a defendant's sentence can be increased, under U.S.S.G. § 3B1.1, …

U.S. v. Leonard, No. 94-1175 (2nd Cir.) (50 F.3d 1152) (March 28, 1995) (Judge Roger J. Miner)

Article • May 1, 1995

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Leonard, No. 94-1175 (2nd Cir.) (50 F.3d 1152) (March 28, 1995) (Judge Roger J. Miner) by Court held that a defendant was entitled to an evidentiary hearing to determine whether the Government acted in good faith in refusing to file a § 5K1.1 motion. Here's another of the …

U.S. v. McKoy, No. 95-10181 (9th Cir.) (78 F.3d 446) (March 4, 1996) (Judge Ferdinand F. Fernandez)

Article • January 1, 1995

Filed under: Punch And Jurists, Evidence/Lists - Failure to Produce

U.S. v. McKoy, No. 95-10181 (9th Cir.) (78 F.3d 446) (March 4, 1996) (Judge Ferdinand F. Fernandez) by Case held that if Government fails to produce witness lists, the court may impose the double sanctions of ordering a mistrial and suppressing the witness's testimony at retrial.

U.S. v. McKoy, No. 95-10181 (9th Cir.) (78 F.3d 446) (March 4, 1996) (Judge Ferdinand F. Fernandez)

Article • January 1, 1995

Filed under: Punch And Jurists, Evidence/Lists - Failure to Produce

U.S. v. McKoy, No. 95-10181 (9th Cir.) (78 F.3d 446) (March 4, 1996) (Judge Ferdinand F. Fernandez) by Case held that if Government fails to produce witness lists, the court may impose the double sanctions of ordering a mistrial and suppressing the witness's testimony at retrial. This case deals with …

U.S. v. Singleterry, No. 93-2232 (1st Cir.) (29 F.3d 733) (July 18, 1994) (Judge Norman H. Stahl)

Article • January 1, 1994

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Singleterry, No. 93-2232 (1st Cir.) (29 F.3d 733) (July 18, 1994) (Judge Norman H. Stahl) by The The court found that it was rational for Congress to punish crack cocaine more severely than powder cocaine offenses: "For example, Congress could rationally seek to strengthen the deterrent effect of …