Search | Punch and Jurists

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 QUOTE OF THE WEEK - Some thoughts on waivers of rights of appeal in plea agreements. Unquestionably, appeal waivers are fraught with peril and risk for the defendants. The Government's superior bargaining …

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 Case held that a broad appeal waiver provision, under which the defendant agreed to waive all appeals provided the sentence was within of below whatever sentencing range the court fround …

In Re Stone, No. 97-00013 (5th Cir.) (118 F.3d 1032) (July 18, 1997) (Judge F. A. Jr. Little)

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

Filed under: Punch And Jurists, Mandamus, Writ of

In Re Stone, No. 97-00013 (5th Cir.) (118 F.3d 1032) (July 18, 1997) (Judge F. A. Jr. Little) by

Doe v. I.N.S., No. 97-16093 (9th Cir.) (120 F.3d 200) (July 29, 1997) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Audita Querela

Doe v. I.N.S., No. 97-16093 (9th Cir.) (120 F.3d 200) (July 29, 1997) (Judge Diarmuid F. O'Scannlain) by Citing a number of other decisions, the Court observed that the 1946 Amendments to the Fed.R.Civ.P 60(b) expressly abolished several common law writs, including audita querela and coram nobis in civil proceedings; …

In Re Stone, No. 97-00013 (5th Cir.) (118 F.3d 1032) (July 18, 1997) (Judge F. A. Jr. Little)

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

Filed under: Punch And Jurists, Mandamus, Writ of

In Re Stone, No. 97-00013 (5th Cir.) (118 F.3d 1032) (July 18, 1997) (Judge F. A. Jr. Little) by Martin v. Bissonette, 118 F.3d 871 (1st Cir. 1997) (Judge Selya) In Re Stone, 118 F.3d 1032 (5th Cir. 1997) (Judge Little) The courts continue to attempt to decipher the intent …

Lee v. U.S., No. 96-3323 (7th Cir.) (113 F.3d 73) (April 30, 1997) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

Lee v. U.S., No. 96-3323 (7th Cir.) (113 F.3d 73) (April 30, 1997) (Judge Terrence T. Evans) by Here the Court rejected the Government's claim that the defendant, by pleading guilty, had waived his right to appeal, bit it also ruled that in such a case the original indictment came …

Valente v. U.S., No. 96-2505 (2nd Cir.) (111 F.3d 290) (July 14, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

Valente v. U.S., No. 96-2505 (2nd Cir.) (111 F.3d 290) (July 14, 1997) (Per Curiam) by Court held that defendant was entitled to an evidentiary hearing to determine whether his waiver of right to appeal was knowing and voluntary.

U.S. v. Zink, No. 95-50534 (9th Cir.) (107 F.3d 716) (February 19, 1997) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Zink, No. 95-50534 (9th Cir.) (107 F.3d 716) (February 19, 1997) (Judge Stephen S. Trott) by Case held that a general waiver of the right to appeal a sentence does not cover an action to appeal a restitution order, because restitution is not calculated using the Guidelines, but …

U.S. v. Fisher, No. 95-10733 (5th Cir.) (106 F.3d 622) (February 13, 1997) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Fisher, No. 95-10733 (5th Cir.) (106 F.3d 622) (February 13, 1997) (Judge John M. Jr. Duhé) by In this case, after the trial court had ruled that the Government would be allowed to introduce evidence of the defendant's prior conviction if he chose to testify. In order to …

U.S. v. Alexander, No. 95-10401 (9th Cir.) (106 F.3d 874) (February 3, 1997) (Judge Warren J. Ferguson)

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

Filed under: Punch And Jurists, Law of the Case

U.S. v. Alexander, No. 95-10401 (9th Cir.) (106 F.3d 874) (February 3, 1997) (Judge Warren J. Ferguson) by Case held that under the "law of the case doctrine" a court is generally precluded from reconsidering an issue that has already been decided by the same court or by a higher …

Everard v. U.S., No. 95-2090 (6th Cir.) (102 F.3d 763) (October 15, 1996) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

Everard v. U.S., No. 95-2090 (6th Cir.) (102 F.3d 763) (October 15, 1996) (Judge Karen Nelson Moore) by Failure of judge to give notification of right to appeal as required by Rule 32 does not give basis for later appeal when defendant has signed valid plea agreement waiving rights of …

U.S. v. Ogden, No. 96-2754 (7th Cir.) (102 F.3d 887) (December 16, 1996) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Ogden, No. 96-2754 (7th Cir.) (102 F.3d 887) (December 16, 1996) (Judge Harlington Jr. Wood) by Court's routine statement that defendant retained right of appeal not binding where defendant waived such rights in written plea agreement.

U.S. v. Dobish, No. 95-2183 (6th Cir.) (102 F.3d 760) (November 19, 1996) (Per Curiam)

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

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

U.S. v. Dobish, No. 95-2183 (6th Cir.) (102 F.3d 760) (November 19, 1996) (Per Curiam) by Court held that the failure to object to a sentence enhancement operates as a waiver. (Id., at 762).

U.S. v. Ogden, No. 96-2754 (7th Cir.) (102 F.3d 887) (December 16, 1996) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Ogden, No. 96-2754 (7th Cir.) (102 F.3d 887) (December 16, 1996) (Judge Harlington Jr. Wood) by Everard v. United States, 102 F.3d 763 (6th Cir. 1996) (Judge Moore) United States v. Ogden, 102 F.3d 887 (7th Cir. 1996) (Judge Wood) With commendable understatement, Judge Wood starts her opinion …

U.S. v. Wyatt, No. 95-3490 (7th Cir.) (102 F.3d 241) (December 3, 1996) (Judge Walter J. Cummings)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Wyatt, No. 95-3490 (7th Cir.) (102 F.3d 241) (December 3, 1996) (Judge Walter J. Cummings) by Court held that revocation of defendant's supervised release based on possession of firearms did not, on double jeopardy grounds, bar subsequent prosecution for being a felon in possession of firearms.

Everard v. U.S., No. 95-2090 (6th Cir.) (102 F.3d 763) (October 15, 1996) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

Everard v. U.S., No. 95-2090 (6th Cir.) (102 F.3d 763) (October 15, 1996) (Judge Karen Nelson Moore) by Everard v. United States, 102 F.3d 763 (6th Cir. 1996) (Judge Moore) United States v. Ogden, 102 F.3d 887 (7th Cir. 1996) (Judge Wood) With commendable understatement, Judge Wood starts her opinion …

U.S. v. Webb, No. 95-3393 (10th Cir.) (98 F.3d 585) (October 21, 1996) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Law of the Case

U.S. v. Webb, No. 95-3393 (10th Cir.) (98 F.3d 585) (October 21, 1996) (Judge Mary Beck Briscoe) by This case is noted because it discusses two esoteric but important rules about appeals - namely, the law of the case doctrine and its complementary theory, the mandate rule. When the defendant …

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. Baramdyka, No. 94-50051 (9th Cir.) (95 F.3d 840) (September 10, 1996) (Judge Malcolm F. Marsh)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Baramdyka, No. 94-50051 (9th Cir.) (95 F.3d 840) (September 10, 1996) (Judge Malcolm F. Marsh) by The Court observed: "A defendant may waive a statutory right to appeal his sentence. United States v. Navarro-Botello, 912 F.2d 318, 321 (9th Cir. 1990), cert. denied, 503 U.S. 942 (1992). However, …

U.S. v. Polanco, No. 95-50341 (9th Cir.) (93 F.3d 555) (August 15, 1996) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Polanco, No. 95-50341 (9th Cir.) (93 F.3d 555) (August 15, 1996) (Judge Michael Daly Hawkins) by Case held that 18 USC § 922(c) was constitutional as a valid exercise of Congress' power under the Commerce Clause.