Search | Punch and Jurists

U.S. v. Askew, No. 94-3139 (D.C. Cir.) (88 F.3d 1065) (July 12, 1996) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Askew, No. 94-3139 (D.C. Cir.) (88 F.3d 1065) (July 12, 1996) (Judge David S. Tatel) by The defendant in this case was charged with and convicted of possession of crack cocaine with intent to distribute. His defense was that he possessed the drugs for personal consumption and that …

Tippins v. Walker, No. 95-2406 (2nd Cir.) (77 F.3d 682) (March 7, 1996) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Strickland Standard

Tippins v. Walker, No. 95-2406 (2nd Cir.) (77 F.3d 682) (March 7, 1996) (Judge Dennis G. Jacobs) by This is one of those crazy cases from la-la land that sorely tests the credibility (or gullibility) of the criminal justice system. It involves the tale of a sleepy lawyer and a …

U.S. v. Riascos-Suarez, No. 95-5035 (6th Cir.) (73 F.3d 616) (January 12, 1996) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Riascos-Suarez, No. 95-5035 (6th Cir.) (73 F.3d 616) (January 12, 1996) (Judge James L. Oakes) by One of the issues raised by the defendant was that the sentencing court erred when it failed to address him personally prior to imposing sentence as required by Rule 32 (c)( 3)(C) …

Cooper v. Brookshire, No. 94-50782 (5th Cir.) (70 F.3d 377) (November 22, 1996) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Pro Se Issues

Cooper v. Brookshire, No. 94-50782 (5th Cir.) (70 F.3d 377) (November 22, 1996) (Judge Jacques L. Jr. Wiener) by Case held that the "mailbox" rule adopted in Houston v. Lack, 487 U.S. 266 (1988) applied to actions filed by pro se prisoners under 42 U.S.C. § 1983.

U.S. v. Lussier, No. 94-1377 (2nd Cir.) (71 F.3d 456) (August 18, 1995) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Lussier, No. 94-1377 (2nd Cir.) (71 F.3d 456) (August 18, 1995) (Judge Joseph M. McLaughlin) by In this case the court held that "when a defense attorney cross examines a former client who is a witness against the defendant, a conflict of interest may exist; absent a waiver …

U.S. v. Showerman, No. 95-1067, No. 156 (2nd Cir.) (68 F.3d 1524) (October 30, 1995) (Judge Amalya Lyle Kearse)

Article • December 1, 1995

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Showerman, No. 95-1067, No. 156 (2nd Cir.) (68 F.3d 1524) (October 30, 1995) (Judge Amalya Lyle Kearse) by This is an important (albeit surprising) case that deals with restitution, the requirements of Rule 11 of the Fed.R.Crim.P., and the necessity of advising a defendant of the "consequences" of …

U.S. v. Stearns, No. 94-35451 (9th Cir.) (68 F.3d 328) (October 12, 1995) (Judge Ferdinand F. Fernandez)

Article • November 1, 1995

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Stearns, No. 94-35451 (9th Cir.) (68 F.3d 328) (October 12, 1995) (Judge Ferdinand F. Fernandez) by Case held that counsel's failure to file a notice of appeal constitutes ineffective assistance of counsel which is presumptively prejudicial unless the defendant affirmatively consents to such a course of action. By …

Frazer v. U.S., No. 92-55193 (9th Cir.) (18 F.3d 778) (March 10, 1994) (Judge Stephen S. Trott)

Article • January 1, 1994

Filed under: Punch And Jurists, Conflict of Interest

Frazer v. U.S., No. 92-55193 (9th Cir.) (18 F.3d 778) (March 10, 1994) (Judge Stephen S. Trott) by In Judge Beezer's concurring opinion, he reviewed four standards by which ineffective assistance of counsel claims are determined, as follows: (1) the Strickland standard, under which the defendant must show that counsel's …

Lane v. Richards, No. 91-1088 (7th Cir.) (957 F.2d 363) (February 25, 1992) (Judge Frank H. Easterbrook)

Article • January 1, 1994

Filed under: Punch And Jurists, Strickland Standard

Lane v. Richards, No. 91-1088 (7th Cir.) (957 F.2d 363) (February 25, 1992) (Judge Frank H. Easterbrook) by In this case, peitioner Richard E. Lane was convicted of murder in 1986. On November 18, 1986, the court appointed a public defender, one Darrolyn A. Ross, to represent him on his …

U.S. v. Curcio, No. 82-1066, No. 1000 (2nd Cir.) (680 F.3d 881) (May 26, 1982) (Judge Amalya Lyle Kearse)

Article • January 1, 1994

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Curcio, No. 82-1066, No. 1000 (2nd Cir.) (680 F.3d 881) (May 26, 1982) (Judge Amalya Lyle Kearse) by Landmark case which established need for a "Curcio" hearing when defendant asserts right to be represented by attorney of his choice despite conflict of interest so court can determine is …