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Article • August 20, 2012 • from P&J August, 2012
U.S. v. Mahaffy, No. 09-5349-cr(L) (2nd Cir.) (693 F.3d 113) (August 2, 2012) (Judge Barrington D. Jr. Parker) by Here the Court issued a stinging rebuke to Federal prosecutors for their failure to comply with their disclosure obligations under Brady v. Maryland, after concluding that “on multiple occasions" they had …
Article • September 1, 2007 • from P&J September, 2007
U.S. v. Hamad, No. 05-4196 (6th Cir.) (495 F.3d 241) (July 19, 2007) (Judge Jeffrey S. Sutton) by Here the Court addressed a sentencing issue that is substantially unresolved - namely, what due process rights does a defendant have at sentencing; and the Court held that, at a minimum, he …
Article • September 1, 2007 • from P&J September, 2007
Stewart v. Erwin, No. 05-4635 (6th Cir.) (503 F.3d 488) (October 9, 2007) (Judge Gerald E. Rosen) by U.S. v. Hamad, 495 F.3d 241 (6th Cir. July 19, 2007) (Judge Sutton) Stewart v. Erwin, No. 05-4635 (6th Cir. Oct. 9, 2007) (Judge Rosen) Both of these decisions explore an increasingly …
Article • March 1, 2005 • from P&J March, 2005
Hayes v. Brown, No. 99-99030 (9th Cir.) (399 F.3d 972) (March 7, 2005) (Judge Sidney R. Thomas) by Petitioner inmate petitioned for a writ of habeas corpus pursuant to 28 U.S.C.S. § 2254, challenging his conviction for first-degree murder and burglary and his death sentence. The United States District Court …
Article • August 29, 2004
U.S. v. Wong, No. 74-625 (U.S. Supreme Court) (431 U.S. 174; 97 S.Ct. 1823) (May 23, 1977) (Justice Burger) by Here the Court affirmed the principle that when grand jury witnesses must choose between incriminating themselves with the truth or lying, perjury is simply not an option. Just one year …
Article • August 29, 2004
U.S. v. Mandujano, No. 74-754 (U.S. Supreme Court) (425 U.S. 564; 96 S.Ct. 1768) (May 19, 1976) (Justice Burger) by A plurality of the Court held that a grand jury witness, who was also a suspect, could be prosecuted for perjury even though he was not given full Miranda warnings; …
Article • May 1, 2004 • from P&J May, 2004
Mataya v. Kingston, No. 02-2850 (7th Cir.) (371 F.3d 353) (June 3, 2004) (Judge Richard A. Posner) by In this case, the Seventh Circuit discovered a new way to excuse both material perjury by the Government’s main witness at trial and the Government’s impenitent failure to alert the court or …
Article • February 1, 2004 • from P&J February, 2004
U.S. v. D'Angelo, No. 02 CR 399 (JG) (E.D.N.Y.) (2004 U.S. Dist. LEXIS 2239) (February 18, 2004) (Judge John Gleeson) by Based principally on the conflicting testimony of three alleged accomplice witnesses, Angel D’Angelo was convicted at trial of committing murder in aid of racketeering, in violation of 18 U.S.C. …
Article • February 1, 2004 • from P&J February, 2004
Richardson v. Briley, No. 00 C 6425 (N.D.Ill.) (2004 U.S. Dist. LEXIS 1638) (February 9, 2004) (Judge Matthew F. Kennelly) by In April 1984, Floyd Richardson was tried and convicted for the robbery and murder of a food store clerk that took place four years earlier. He was sentenced to …
Article • July 1, 2003 • from P&J July, 2003
Limone v. U.S., No. Civ. No. 02-10890-NG (D.Mass.) (271 F.Supp.2d 345) (July 17, 2003) (Judge Nancy Gertner) by On March 12, 1965, a man named Teddy Deegan was murdered in Massachusetts. FBI agents in Boston had immediate, specific information that the murder was in fact carried out by several undercover …
Article • May 17, 2003
U.S. v. Owens, No. 86-877 (U.S. Supreme Court) (484 U.S. 554; 108 S.Ct. 838) (February 23, 1988) (Justice Scalia) by The defendant in this case, who was already incarcerated, was accused of attacking a correctional counselor and brutally beating him with a metal pipe. The correctional counselor suffered a fractured …
Article • December 1, 2002 • from P&J December, 2002
U.S. v. Gale, No. 01-3011 (D.C. Cir.) (314 F.3d 1) (January 7, 2003) (Judge Stephen F. Williams) by The case addressed the issue of whether convicted defendants have any rights to challenge their convictions that were based, at least in part, on the testimony of a frequently used and highly …
Article • July 27, 2002
Dunn v. U.S., No. 77-6949 (U.S. Supreme Court) (442 U.S. 100; 99 S.Ct. 2190) (June 4, 1979) (Justice Marshall) by Case held that an interview in a private attorney's office at which a sworn statement is given does not constitute a "proceeding ancillary to a court or grand jury" within …
Article • July 27, 2002
California v. Green, No. 387 (U.S. Supreme Court) (399 U.S. 149; 90 S.Ct. 1930) (June 23, 1970) (Justice White) by The respondent in this case, John Anthony Green, was convicted of furnishing marihuana to a minor in violation of California law, chiefly on the basis of evidence consisting of prior …
Article • May 1, 2002 • from P&J May, 2002
U.S. v. Flemmi, No. CR 94-10287-MLW (D.Mass.) (195 F.Supp.2d 243) (August 30, 2001) (Judge Mark L. Wolf) by This Sentencing Memorandum is noted principally as the culmination of many key decisions in the long and shameful saga of the many efforts by the FBI, the Department of Justice and many …
Article • May 1, 2002 • from P&J May, 2002
U.S. v. Mason, No. 01-30538 (5th Cir.) (293 F.3d 826) (June 10, 2002) (Judge Edith Brown Clement) by Here the Court vacated a drug conviction because the government's primary witness at trial falsely stated that he had not entered into a plea agreement, which prevented the defense from from effectively …
Article • April 1, 2002 • from P&J April, 2002
Jenkins v. Artuz, No. 01-2328 (2nd Cir.) (294 F.3d 284) (April 1, 2002) (Judge Robert D. Sack) by Sometimes, the win-at-any-cost attitude of prosecutors is not only astonishing, it is downright appalling. The ADA in this case, Therese Lendino, had special reason to be particularly careful about the rights of …
Article • February 7, 2002
Weiler v. U.S., No. 340 (U.S. Supreme Court) (323 U.S. 606; 65 S.Ct. 548) (January 29, 2045) (Justice Black) by The issue raised in this case was whether it was reversible error to refuse to give the "two witness rule" jury instruction in a case where the petitioner was accused …
Article • February 7, 2002
Hammer v. U.S., No. 317 (U.S. Supreme Court) (271 U.S. 620; 46 S.Ct. 603) (June 7, 2026) (Justice Butler) by The petitioner in this case was accused of suborning perjury in his bankruptcy proceedings. On appeal, one of the issues raised was whether there was sufficient evidence to convict the …
Article • January 1, 2002 • from P&J January, 2002
U.S. v. Daniels, No. Crim. No. 01-40002-01-KHV (D.Kan.) (174 F.Supp.2d 1209) (November 9, 2001) (Judge Kathryn H. Vratil) by This case is noted for its brief discussion of the so-called "two-witness rule" - a common law rule that arose in England in the seventeenth century which held that, while the …
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