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U.S. v. Elbert, No. 10-72-cr (2nd Cir.) (658 F.3d 220) (September 19, 2011) (Judge Dennis G. Jacobs)

Article • December 1, 2011

Filed under: Punch And Jurists, Anders Brief

U.S. v. Elbert, No. 10-72-cr (2nd Cir.) (658 F.3d 220) (September 19, 2011) (Judge Dennis G. Jacobs) by Plea conviction and sentencing of defendant on child sexual abuse offenses are upheld where defendant's Anders motion and the government's motion for summary affirmance are affirmed without remand because although compliance with …

U.S. v. Bullion, No. 06-1523 (7th Cir.) (466 F.3d 574) (October 19, 2006) (Judge Richard A. Posner)

Article • September 1, 2006 • from P&J September, 2006

Filed under: Punch And Jurists, Anders Brief

U.S. v. Bullion, No. 06-1523 (7th Cir.) (466 F.3d 574) (October 19, 2006) (Judge Richard A. Posner) by Once again the Seventh Circuit has routinely affirmed a substantially above-Guidelines sentence; and once again Judge Posner has used such excessively sweeping language to explain his ruling that his words evoked an …

Smith v. Robbins, No. 98-1037 (U.S. Supreme Court) (528 U.S. 259; 120 S.Ct. 746) (January 19, 2000) (Justice Thomas)

Article • November 18, 2001

Filed under: Punch And Jurists, Anders Brief

Smith v. Robbins, No. 98-1037 (U.S. Supreme Court) (528 U.S. 259; 120 S.Ct. 746) (January 19, 2000) (Justice Thomas) by In this case, the Supreme Court held that the procedure established in Anders v. California, 386 U.S. 738 (1967), for appointed counsel to follow when deciding that an indigent defendant’s …

U.S. v. Gomez-Perez, No. 00-1036 (2nd Cir.) (215 F.3d 315) (June 15, 2000) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Anders Brief

U.S. v. Gomez-Perez, No. 00-1036 (2nd Cir.) (215 F.3d 315) (June 15, 2000) (Judge Fred I. Parker) by In this case the Second Circuit addressed a problem that has been spawned by the “relatively recent phenomenon” of appeal-waiver provisions in plea agreements: what does appointed counsel do for a client …

Penson v. Ohio, No. 87-6116 (U.S. Supreme Court) (488 U.S. 75; 109 S.Ct. 346) (November 29, 1988) (Justice Stevens)

Article • June 17, 2000

Filed under: Punch And Jurists, Anders Brief

Penson v. Ohio, No. 87-6116 (U.S. Supreme Court) (488 U.S. 75; 109 S.Ct. 346) (November 29, 1988) (Justice Stevens) by Case held that when counsel fails to raise arguable issues in an appellate brief, the petitioner need not show prejudice under Strickland, because such failure creates a presumption of prejudice. …

Hughes v. Booker, No. 98-60786 (5th Cir.) (203 F.3d 894) (February 24, 2000) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Anders Brief

Hughes v. Booker, No. 98-60786 (5th Cir.) (203 F.3d 894) (February 24, 2000) (Judge Emilio M. Garza) by In this case, a pro se prisoner incarcerated in the Parchman Penitentiary in Mississipi accomplished a rare feat - he proved that he had been denied effective assistance of counsel - warranting …

Anders v. California, No. 98 (U.S. Supreme Court) (386 U.S. 738; 87 S.Ct. 1396) (May 8, 2067) (Justice Clark)

Article • April 4, 1999

Filed under: Punch And Jurists, Anders Brief

Anders v. California, No. 98 (U.S. Supreme Court) (386 U.S. 738; 87 S.Ct. 1396) (May 8, 2067) (Justice Clark) by Here the Court outlined the procedures that defense counsel must follow if he determines that an appeal would be frivolous, and held that a "no merit" brief did not comply …

Delgado v. Lewis, No. 97-56162 (9th Cir.) (168 F.3d 1148) (February 23, 1999) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Anders Brief

Delgado v. Lewis, No. 97-56162 (9th Cir.) (168 F.3d 1148) (February 23, 1999) (Judge Sidney R. Thomas) by In this case the Court concluded that the petitioner had been denied effective assistance of counsel both at the trial and appellate levels, in the later case because counsel failed to raise …

Robbins v. Smith, No. 95-56640 (9th Cir.) (152 F.3d 1062) (September 23, 1997) (Judge Proctor Jr. Hug)

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

Filed under: Punch And Jurists, Anders Brief

Robbins v. Smith, No. 95-56640 (9th Cir.) (152 F.3d 1062) (September 23, 1997) (Judge Proctor Jr. Hug) by This case, subsequently reversed by the Supreme Court, held that the defendant received ineffective assistance of counsel by filing a no-merits "Anders" brief that failied to identify any arguable issues, even though …