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Mueller v. Angelone, No. 98-31 (4th Cir.) (181 F.3d 557) (June 14, 1999) (Judge J. Michael Luttig)

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

Filed under: Retroactivity, Punch And Jurists

Mueller v. Angelone, No. 98-31 (4th Cir.) (181 F.3d 557) (June 14, 1999) (Judge J. Michael Luttig) by This capital case from an extremely conservative Circuit is noted for its comprehensive review of the retroactivity issues raised by the enactment of the AEDPA and its analysis of the divergent views …

Carter v. Kentucky, No. 80-5060 (U.S. Supreme Court) (450 U.S. 288; 101 S.Ct. 1112) (March 9, 1981) (Justice Stewart)

Article • July 18, 1999

Filed under: Jury Instructions, Punch And Jurists

Carter v. Kentucky, No. 80-5060 (U.S. Supreme Court) (450 U.S. 288; 101 S.Ct. 1112) (March 9, 1981) (Justice Stewart) by The Court stated that "Jurors are not experts in legal principles; to function effectively, and justly, they must be accurately instructed in the law." (Id., at 302). The Court held …

U.S. v. Katz, No. 98-30095 (5th Cir.) (178 F.3d 368) (June 14, 1999) (Per Curiam)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Katz, No. 98-30095 (5th Cir.) (178 F.3d 368) (June 14, 1999) (Per Curiam) by This is another one of those Internet-pornography cases that seem to be gradually replacing drug crimes as America's greatest menace. In this case, the defendant posted a notice on an Internet bulletin board that …

U.S. v. Robinson, No. Crim.A. 1:97CR408JOF (N.D.Ga.) (44 F.Supp.2d 1345) (December 24, 1997) (Judge J. Owen Forrester)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Robinson, No. Crim.A. 1:97CR408JOF (N.D.Ga.) (44 F.Supp.2d 1345) (December 24, 1997) (Judge J. Owen Forrester) by In this case, the district court held that the testimony of a government's fingerprint expert would be suppressed as a discovery sanction for the Government's failure to turn over to the defense …

U.S. v. Whitehead, No. 98-2289 (8th Cir.) (176 F.3d 1030) (April 8, 1999) (Judge Harold D. Vietor)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Whitehead, No. 98-2289 (8th Cir.) (176 F.3d 1030) (April 8, 1999) (Judge Harold D. Vietor) by Here the Court held that in a prosecution for bank fraud by falsely claiming insolvency in connection with a loan forgiveness agreement, the defendant is entitled to an instruction on the legal …

U.S. v. Burgess, No. 97-3552 (11th Cir.) (175 F.3d 1261) (May 18, 1999) (Judge Rosemary Barkett)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Burgess, No. 97-3552 (11th Cir.) (175 F.3d 1261) (May 18, 1999) (Judge Rosemary Barkett) by Relying on Carter v. Kentucky, 450 US 288, the Court held that the trial court had erred in failing to instruct the jury not to draw an adverse inference from the defendant's failure …

U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott) by Here the Court rejected the defendants' request for a jury instruction permitting them to argue that the underlying tax levies they were charged with evading were invalid; stating that the alleged invalidity …

In Re Flannery, No. 97-8210 (2nd Cir.) (186 F.3d 143) (June 14, 1999) (Per Curiam)

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

Filed under: Sanctions, Punch And Jurists

In Re Flannery, No. 97-8210 (2nd Cir.) (186 F.3d 143) (June 14, 1999) (Per Curiam) by Here the Court announced a relatively mild policy of sanctions for defense attorneys who fail to file briefs, causing appeals to be dismissed, without ever addressing what rights might accrue to the defendants whose …

U.S. v. Cerceda, No. 95-4628 (11th Cir.) (172 F.3d 806) (April 16, 1999) (Per Curiam)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Cerceda, No. 95-4628 (11th Cir.) (172 F.3d 806) (April 16, 1999) (Per Curiam) by This is a reprise of a case originally reported at 139 F.3d 847 (Cerceda I) (see P&J, 5/25/98), where a panel of the Eleventh Circuit affirmed a district court (Judge O’Kelley) ruling granting motions …

U.S. v. Bradley, No. 97-5462 (3rd Cir.) (173 F.3d 225) (April 19, 1999) (Judge Morton I. Greenberg)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Bradley, No. 97-5462 (3rd Cir.) (173 F.3d 225) (April 19, 1999) (Judge Morton I. Greenberg) by Here the Court held that in a prosecution for extortion under "color of official right" in a non-campaign case, the Government does not have to show any express agreement to perform a …

Perkins v. Kansas Dept. of Corrections, No. 98-3005 (10th Cir.) (165 F.3d 803) (January 27, 1999) (Judge John C. Porfilio)

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

Filed under: Appeals, Punch And Jurists

Perkins v. Kansas Dept. of Corrections, No. 98-3005 (10th Cir.) (165 F.3d 803) (January 27, 1999) (Judge John C. Porfilio) by The court held: "Although plaintiff's complaint does not include an express request for injunctive relief, a liberal construction of his allegations demonstrates a clear desire for injunctive relief. Our …

U.S. v. Gonzales, No. 97-2277 (10th Cir.) (164 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Gonzales, No. 97-2277 (10th Cir.) (164 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe) by The criminal justice system has long struggled with the concept of sanctions, or penalties imposed for some type of disobedience; and, more and more, it seems as if the imposition of sanctions …

U.S. v. Fuller, No. 97-4132 (4th Cir.) (162 F.3d 256) (November 17, 1998) (Judge Paul V. Niemeyer)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Fuller, No. 97-4132 (4th Cir.) (162 F.3d 256) (November 17, 1998) (Judge Paul V. Niemeyer) by Here the Fourth Circuit affirmed a conviction despite the fact that the trial judge (Judge Simons) told the jury that he did not believe the defendant's testimony and he believed the defendant …

U.S. v. Gonzales, No. 97-2277 (10th Cir.) (164 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Gonzales, No. 97-2277 (10th Cir.) (164 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe) by QUOTE OF THE WEEK - How "ritualistic verbal spankings" of prosecutors become "purely ceremonial." "This court has several times used vigorous language in denouncing government counsel for such conduct as that of …

U.S. v. Avilez-Reyes, No. 97-11392 (5th Cir.) (160 F.3d 258) (November 10, 1998) (Judge Harold R. Jr. DeMoss)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Avilez-Reyes, No. 97-11392 (5th Cir.) (160 F.3d 258) (November 10, 1998) (Judge Harold R. Jr. DeMoss) by United States v. Harmon, 21 F.Supp.2d 642 (N.D.Tex. 1998) (Judge McBryde) United States v. Anderson, 160 F.3d 231 (5th Cir. 1998) (Judge Garza) United States v. Avilez-Reyes, 160 F.3d 258 (5th …

U.S. v. Harmon, No. 4:98-CR-169-A (N.D.Tex.) (21 F.Supp.2d 642) (October 23, 1998) (Judge John H. McBryde)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Harmon, No. 4:98-CR-169-A (N.D.Tex.) (21 F.Supp.2d 642) (October 23, 1998) (Judge John H. McBryde) by United States v. Harmon, 21 F.Supp.2d 642 (N.D.Tex. 1998) (Judge McBryde) United States v. Anderson, 160 F.3d 231 (5th Cir. 1998) (Judge Garza) United States v. Avilez-Reyes, 160 F.3d 258 (5th Cir. 1998) …

U.S. v. Vadner, No. 98-10542 (5th Cir.) (160 F.3d 263) (November 10, 1998) (Judge Harold R. Jr. DeMoss)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Vadner, No. 98-10542 (5th Cir.) (160 F.3d 263) (November 10, 1998) (Judge Harold R. Jr. DeMoss) by United States v. Harmon, 21 F.Supp.2d 642 (N.D.Tex. 1998) (Judge McBryde) United States v. Anderson, 160 F.3d 231 (5th Cir. 1998) (Judge Garza) United States v. Avilez-Reyes, 160 F.3d 258 (5th …

U.S. v. Anderson, No. 97-11205 (5th Cir.) (160 F.3d 231) (November 10, 1998) (Judge Reynaldo G. Garza)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Anderson, No. 97-11205 (5th Cir.) (160 F.3d 231) (November 10, 1998) (Judge Reynaldo G. Garza) by United States v. Harmon, 21 F.Supp.2d 642 (N.D.Tex. 1998) (Judge McBryde) United States v. Anderson, 160 F.3d 231 (5th Cir. 1998) (Judge Garza) United States v. Avilez-Reyes, 160 F.3d 258 (5th Cir. …

U.S. v. Waters, No. 97-5513 (6th Cir.) (158 F.3d 933) (September 28, 1998) (Judge Gilbert S. Merritt)

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

Filed under: Magistrates, Punch And Jurists

U.S. v. Waters, No. 97-5513 (6th Cir.) (158 F.3d 933) (September 28, 1998) (Judge Gilbert S. Merritt) by This case is noted for tell-tale view of the limited rights of defendants who are serving terms of supervised release. Here, the defendant appealed the revocation of his term of supervised release, …

Glover v. Johnson, No. 77-CV-71229 (E.D.Mich.) (9 F.Supp.2d 799) (July 23, 1998) (Judge John Feikens)

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

Filed under: Sanctions, Punch And Jurists

Glover v. Johnson, No. 77-CV-71229 (E.D.Mich.) (9 F.Supp.2d 799) (July 23, 1998) (Judge John Feikens) by For more detailed summaries of this case, see prior decisions reported at 957 F.Supp. 110 and 138 F.3d 229; and subsequent decision reported at 35 F.Supp.2d 1010. In a follow-up to its prior rulings, …