Punch and Jurists

Gomez v. Toledo, No. 79-5601 (U.S. Supreme Court) (446 U.S. 635; 100 S.Ct. 1920) (May 27, 1980) (Justice Marshall) by Here, citing the provisions of Fed.R.Civ.P. 8(c), which requires a defendant to plead any "matter constituting an avoidance or affirmative defense," the Court held that immunity is an affirmative defense …

U.S. v. Lowery, No. 97-60213 (5th Cir.) (135 F.3d 957) (February 19, 1998) (Per Curiam) by This is an interesting case that deals with a little-noticed, statutorily created affirmative defense to the ever expanding charge of obstruction of justice - namely the provisions of 18 U.S.C. § 1512(d). That section …

U.S. v. Tenzer, No. 95 Cr. 1016(CLB) (S.D.N.Y.) (950 F.Supp. 554) (September 10, 1996) (Judge Charles L. Brieant) by Relying on the defendant's compliance with the IRS's Voluntary Disclosure Policy before any criminal investigation was begun, the Court granted motion to dismiss indictment for failure to file income tax returns. …

U.S. v. Gambill, No. CR-1-95-092 (S.D.Ohio) (912 F.Supp. 287) (January 2, 1996) (Judge S. Arthur Spiegel) by Case held that a prosecution of the defendant for failing to register a machine gun when the Government would not accept registration would be fundamentally unfair and was barred by the Due Process …

U.S. v. Gambill, No. CR-1-95-092 (S.D.Ohio) (912 F.Supp. 287) (January 2, 1996) (Judge S. Arthur Spiegel) by Case held that a prosecution of the defendant for failing to register a machine gun when the Government would not accept registration would be fundamentally unfair and was barred by the Due Process …

U.S. v. Bahena-Cardenas, No. 94-50639 (9th Cir.) (70 F.3d 1071) (November 20, 1995) (Judge Jack E. Tanner) by This case raises a subtle, but important, ray of hope to aliens who are charged under 8 U.S.C. § 1326(b)(1) (being a deported alien found in the United States). Here the Court …