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Collins v. Youngblood, No. 89-742 (U.S. Supreme Court) (497 U.S. 37; 110 S.Ct. 2715) (June 21, 1990) (Justice Rehnquist)

Article • July 19, 2000

Filed under: Retroactivity, Punch And Jurists

Collins v. Youngblood, No. 89-742 (U.S. Supreme Court) (497 U.S. 37; 110 S.Ct. 2715) (June 21, 1990) (Justice Rehnquist) by In this case, the Court abandoned portions of its analysis in Weaver v. Graham, 450 U.S. 24, and Miller v. Florida, 482 U.S. 423 (1987), and narrowed the scope of …

Lindh v. Murphy, No. 96-6298 (U.S. Supreme Court) (521 U.S. 320; 117 S.Ct. 2059) (June 23, 1997) (Justice Souter)

Article • June 24, 2000

Filed under: Retroactivity, Punch And Jurists

Lindh v. Murphy, No. 96-6298 (U.S. Supreme Court) (521 U.S. 320; 117 S.Ct. 2059) (June 23, 1997) (Justice Souter) by In this case the Supreme Court applied and clarified its holding in Landgraf v. USI Film Products, 511 U.S. 244 (1994) concerning retroactivity. The Court held that a statute does …

Ramdass v. Angelone, No. 99-7000 (U.S. Supreme Court) (530 U.S. 156; 120 S.Ct. 2113) (June 12, 2000) (Justice Kennedy)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Jury Instructions, Punch And Jurists

Ramdass v. Angelone, No. 99-7000 (U.S. Supreme Court) (530 U.S. 156; 120 S.Ct. 2113) (June 12, 2000) (Justice Kennedy) by In this case, by a 5 to 4 vote, the Supreme Court upheld a death sentence under Virginia’s “three strikes law” for a convicted murderer, who argued that he had …

U.S. v. Boyd, No. 98-2035 (7th Cir.) (208 F.3d 638) (April 3, 2000) (Judge Richard A. Posner)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Recusal, Punch And Jurists

U.S. v. Boyd, No. 98-2035 (7th Cir.) (208 F.3d 638) (April 3, 2000) (Judge Richard A. Posner) by The origins of this provocative decision came from one of the most ignominious sagas of prosecutorial misconduct, cover-up and hypocrisy in the annals of American criminal law. In 1989, indictments were filed …

U.S. v. Whitman, No. 99-6086 (6th Cir.) (209 F.3d 619) (March 24, 2000) (Per Curiam)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Recusal, Punch And Jurists

U.S. v. Whitman, No. 99-6086 (6th Cir.) (209 F.3d 619) (March 24, 2000) (Per Curiam) by United States v. Wilkerson, 208 F.3d 794 (9th Cir. 2000) (Judge Nelson) United States v. Whitman, 209 F.3d 619 (6th Cir. 2000) (Per Curiam) Both of these cases dealt with judges whose intemperate conduct …

U.S. v. Wilkerson, No. 98-50504 (9th Cir.) (208 F.3d 794) (April 3, 2000) (Judge Dorothy Wright Nelson)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Recusal, Punch And Jurists

U.S. v. Wilkerson, No. 98-50504 (9th Cir.) (208 F.3d 794) (April 3, 2000) (Judge Dorothy Wright Nelson) by United States v. Wilkerson, 208 F.3d 794 (9th Cir. 2000) (Judge Nelson) United States v. Whitman, 209 F.3d 619 (6th Cir. 2000) (Per Curiam) Both of these cases dealt with judges whose …

Allen v. Wright, No. 81-757 (U.S. Supreme Court) (468 U.S. 737; 104 S.Ct. 3315) (July 3, 1984) (Justice O'Connor)

Article • March 15, 2000

Filed under: Standing, Punch And Jurists

Allen v. Wright, No. 81-757 (U.S. Supreme Court) (468 U.S. 737; 104 S.Ct. 3315) (July 3, 1984) (Justice O'Connor) by In this case parents of black public school children alleged in this nationwide class action that the Internal Revenue Service (IRS) had not adopted sufficient standards and procedures to fulfill …

Weeks v. Angelone, No. 99-5746 (U.S. Supreme Court) (528 U.S. 225; 120 S.Ct. 727) (January 19, 2000) (Justice Rehnquist)

Article • March 13, 2000 • from P&J January, 2000

Filed under: Jury Instructions, Punch And Jurists

Weeks v. Angelone, No. 99-5746 (U.S. Supreme Court) (528 U.S. 225; 120 S.Ct. 727) (January 19, 2000) (Justice Rehnquist) by Here the Court held that, in a capital sentencing case, a jury’s inquiry about the meaning of an instruction previously given can be answered with a ritualistic and non-responsive direction …

Press-Enterprise Co. v. Superior Court of California, No. 84-1560 (U.S. Supreme Court) (478 U.S. 1; 106 S.Ct. 2735) (June 30, 1986) (Justice Burger)

Article • February 21, 2000

Filed under: Transcripts, Punch And Jurists

Press-Enterprise Co. v. Superior Court of California, No. 84-1560 (U.S. Supreme Court) (478 U.S. 1; 106 S.Ct. 2735) (June 30, 1986) (Justice Burger) by In this case, the Supreme Court granted certorari to answer the question whether the petitioner had a First Amendment right of access to the transcript of …

U.S. v. Bayless, No. 98-1580 (2nd Cir.) (201 F.3d 116) (January 18, 2000) (Judge Guido Calabresi)

Article • February 1, 2000 • from P&J January, 2000

Filed under: Recusal, Punch And Jurists

U.S. v. Bayless, No. 98-1580 (2nd Cir.) (201 F.3d 116) (January 18, 2000) (Judge Guido Calabresi) by In 1996, District Judge Baer created a grand furor when he granted a defendant’s suppression motion after he concluded that the police had difficulty articulating any "reasonable suspicion supported by articulable facts that …

U.S. v. Franklin, No. 98-3014 (7th Cir.) (197 F.3d 266) (November 22, 1999) (Judge Michael S. Kanne)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Recusal, Punch And Jurists

U.S. v. Franklin, No. 98-3014 (7th Cir.) (197 F.3d 266) (November 22, 1999) (Judge Michael S. Kanne) by The Court stated: "We review a district court judge's decision not to recuse himself for abuse of discretion or showing of prejudice. See United States v. Bunch, 730 F.2d 517, 519 (7th …

Wallace v. Reno, No. 98-2317 (1st Cir.) (194 F.3d 279) (October 26, 1999) (Judge Michael Boudin)

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

Filed under: Retroactivity, Punch And Jurists

Wallace v. Reno, No. 98-2317 (1st Cir.) (194 F.3d 279) (October 26, 1999) (Judge Michael Boudin) by The Court stated that American-Arab actually "strengthens Goncalves in one pertinent respect: by narrowly construing section 242(g), it makes that provision even less useful to the government as a basis for restricting the …

U.S. v. Bremers, No. 98-10716 (5th Cir.) (195 F.3d 221) (November 9, 1999) (Judge Harold R. Jr. DeMoss)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Bremers, No. 98-10716 (5th Cir.) (195 F.3d 221) (November 9, 1999) (Judge Harold R. Jr. DeMoss) by See also In Re McBryde, 117 F.3d 208 (5th Cir. 1997). This is another case in which the Fifth Circuit held that the much embattled Judge John H. McBryde committed reversible …

U.S. v. Stevens, No. 98-1394 (2nd Cir.) (192 F.3d 263) (September 27, 1999) (Judge Rosemary S. Pooler)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Stevens, No. 98-1394 (2nd Cir.) (192 F.3d 263) (September 27, 1999) (Judge Rosemary S. Pooler) by Here, although the Second Circuit acknowledged that some of Judge Duffy's comments may have been "intemperate", in context they did not "indicate a bias against any particular party" and thus it declined …

U.S. v. Gonzalez, No. 98-1687 (2nd Cir.) (192 F.3d 350) (September 22, 1999) (Per Curiam)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Gonzalez, No. 98-1687 (2nd Cir.) (192 F.3d 350) (September 22, 1999) (Per Curiam) by United States v. Stevens, 192 F.3d 263 (2nd Cir. 1999) (Judge Pooler) United States v. Gonzalez, 192 F.3d 350 (2nd Cir. 1999) (Per Curiam) The defendants in these two cases sought the near impossible: …

California v. Greenwood, No. 86-684 (U.S. Supreme Court) (486 U.S. 35; 108 S.Ct. 1625) (May 16, 1988) (Justice White)

Article • October 22, 1999

Filed under: Standing, Punch And Jurists

California v. Greenwood, No. 86-684 (U.S. Supreme Court) (486 U.S. 35; 108 S.Ct. 1625) (May 16, 1988) (Justice White) by Here the Court held that the Fourth Amendment applies only where (a) the citizen has manifested a subjective expectation of privacy and (b) the expectation is one that society accepts …

Ramdass v. Angelone, No. 98-30 (4th Cir.) (187 F.3d 396) (August 3, 1999) (Judge Paul V. Niemeyer)

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

Filed under: Jury Instructions, Punch And Jurists

Ramdass v. Angelone, No. 98-30 (4th Cir.) (187 F.3d 396) (August 3, 1999) (Judge Paul V. Niemeyer) by In this case, after the state court denied him any relief, the petitioner sought habeas relief in the Federal courts, arguing that the state court had denied him his due process rights …

Mathews v. Reno, No. Civ.A. 97-12071-PBS (D.Mass.) (52 F.Supp.2d 195) (May 18, 1999) (Judge Patti B. Saris)

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

Filed under: Retroactivity, Punch And Jurists

Mathews v. Reno, No. Civ.A. 97-12071-PBS (D.Mass.) (52 F.Supp.2d 195) (May 18, 1999) (Judge Patti B. Saris) by Here the Court held that the AEDPA's restrictions on discretionary relief from deportation did not apply retroactively to aliens in pending deportation proceedings at the time of enactment.

Martinez v. Albuquerque, No. 98-2235 (10th Cir.) (184 F.3d 1123) (June 15, 1999) (Judge Bobby R. Baldock)

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

Filed under: Standing, Punch And Jurists

Martinez v. Albuquerque, No. 98-2235 (10th Cir.) (184 F.3d 1123) (June 15, 1999) (Judge Bobby R. Baldock) by In this case the Tenth Circuit held that a would-be civil rights plaintiff's conviction for resisting arrest does not necessarily prevent him, under the rule of Heck v. Humphrey, 512 U.S. 477 …

U.S. v. Robbins, No. 98-8038 (10th Cir.) (179 F.3d 1268) (June 14, 1999) (Judge Bobby R. Baldock)

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

Filed under: Appeals, Punch And Jurists

U.S. v. Robbins, No. 98-8038 (10th Cir.) (179 F.3d 1268) (June 14, 1999) (Judge Bobby R. Baldock) by Here the Court held that a denial of a request for fees and costs under the Hyde Amendment (18 USC 3006A, Note) is subject to the ten-day appeal period provided for in …