Search | Punch and Jurists

Lobbins v. U.S., No. 15-6386 (6th Cir.) (900 F.3d 799) (August 21, 2018) (Judge Raymond M. Kethledge)

Article • December 17, 2018 • from P&J December, 2018

Filed under: Punch And Jurists, Burden of Proof

Lobbins v. U.S., No. 15-6386 (6th Cir.) (900 F.3d 799) (August 21, 2018) (Judge Raymond M. Kethledge) by In 2009, the Appellant in this case, Jessie Lobbins, was detained in a Tennessee state prison while awaiting trial on Federal charges for murder d other crimes related to his membership in …

U.S. v. Shephard, No. 17-4148 (4th Cir.) (892 F.3d 666) (June 15, 2018) (Judge Albert Diaz)

Article • August 20, 2018 • from P&J August, 2018

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Shephard, No. 17-4148 (4th Cir.) (892 F.3d 666) (June 15, 2018) (Judge Albert Diaz) by Darra Lee Shephard conspired to defraud U.S. residents through a telemarketing sweepstakes scheme. From a call center in Costa Rica, Shephard and others would tell their unwitting victims that they had won a …

U.S. v. $31,000 in U.S. Currency, No. 16-4279 (6th Cir.) (872 F.3d 342) (September 20, 2017) (Judge Alice M. Batchelder)

Article • October 16, 2017 • from P&J October, 2017

Filed under: Punch And Jurists, Proof of Ownership

U.S. v. $31,000 in U.S. Currency, No. 16-4279 (6th Cir.) (872 F.3d 342) (September 20, 2017) (Judge Alice M. Batchelder) by Here the Court firmly rejected the Government’s contention that a claimant to property seized by the Government under 21 U.S.C. § 881 can be denied “statutory standing” if he …

U.S. v. Spivey, No. 15-15023 (11th Cir.) (861 F.3d 1207) (June 28, 2017) (Judge William H. Jr. Pryor)

Article • July 31, 2017 • from P&J July, 2017

Filed under: Punch And Jurists, Deceptive Investigative Techniques

U.S. v. Spivey, No. 15-15023 (11th Cir.) (861 F.3d 1207) (June 28, 2017) (Judge William H. Jr. Pryor) by The panel of judges in this case engaged in a heated debate about an intriguing question - namely, whether the deliberate and planned deception by the police officers in this case …

U.S. v. Simmons, No. 13-6273 (6th Cir.) (797 F.3d 409) (August 14, 2015) (Judge R. Guy Jr. Cole)

Article • November 23, 2015 • from P&J December, 2015

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Simmons, No. 13-6273 (6th Cir.) (797 F.3d 409) (August 14, 2015) (Judge R. Guy Jr. Cole) by This is an interesting decision in which the Sixth Circuit held that the district court violated the defendant’s Sixth Amendment right to a public trial by excluding three co-defendants from the …

U.S. v. Thum, No. 13-50176 (9th Cir.) (749 F.3d 1143) (April 25, 2013) (Judge Milan D. Jr. Smith)

Article • November 3, 2014 • from P&J November, 2014

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Thum, No. 13-50176 (9th Cir.) (749 F.3d 1143) (April 25, 2013) (Judge Milan D. Jr. Smith) by In this case, the Court addressed an interesting immigration law issue - namely whether the defendant, Jorge Humberto Thum, encouraged or induced an illegal alien to reside in the United States, …

U.S. v. $48,000 in U.S. Currency, No. 13-1902 (8th Cir.) (756 F.3d 650) (June 27, 2014) (Judge Kermit Edward Bye)

Article • October 20, 2014 • from P&J October, 2014

Filed under: Punch And Jurists, Speculation

U.S. v. $48,000 in U.S. Currency, No. 13-1902 (8th Cir.) (756 F.3d 650) (June 27, 2014) (Judge Kermit Edward Bye) by The Washington Post recently published a provocative and revealing series of Investigative Reports about the growing Robin-Hood-like practice of Federal, state and local law enforcement officials routinely stopping citizens …

U.S. v. Wilson, No. 11-5057-cr (2nd Cir.) (709 F.3d 84) (February 22, 2013) (Per Curiam)

Article • December 1, 2013

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Wilson, No. 11-5057-cr (2nd Cir.) (709 F.3d 84) (February 22, 2013) (Per Curiam) by Defendant's conviction on charges stemming from an identity theft scheme is: 1) reversed on the charge for using social security numbers that were assigned on the basis of false information because the government failed …

Smith v. U.S., No. 11-8976 (U.S. Supreme Court) (568 U.S. 106; 133 S.Ct. 714) (January 9, 2013) (Justice Scalia)

Article • March 18, 2013 • from P&J January, 2013

Filed under: Punch And Jurists, Burden of Proof

Smith v. U.S., No. 11-8976 (U.S. Supreme Court) (568 U.S. 106; 133 S.Ct. 714) (January 9, 2013) (Justice Scalia) by In this case the Supreme Court unanimously held that a defendant charged with criminal conspiracy must carry the burden to prove that he withdrew from the conspiracy. In so ruling, …

U.S. v. Mustafa, No. 11-3556 (8th Cir.) (695 F.3d 860) (September 24, 2012) (Per Curiam)

Article • January 7, 2013 • from P&J January, 2013

Filed under: Punch And Jurists, Preponderance of the Evidence Standard

U.S. v. Mustafa, No. 11-3556 (8th Cir.) (695 F.3d 860) (September 24, 2012) (Per Curiam) by Back in 1991, the Sentencing Commission adopted a new and highly contentious rule of evidence that would henceforth govern all sentencing hearings. With little debate, the Commission announced the adoption of Guideline Amendment No. …

U.S. v. McKnight, No. 10-2297 (7th Cir.) (665 F.3d 786) (November 22, 2011) (Judge Kenneth F. Ripple)

Article • March 19, 2012 • from P&J March, 2012

Filed under: Punch And Jurists, Deceptive Investigative Techniques

U.S. v. McKnight, No. 10-2297 (7th Cir.) (665 F.3d 786) (November 22, 2011) (Judge Kenneth F. Ripple) by U.S. v. McKnight, 665 F.3d 786 (7th Cir. Nov. 22, 2011) (Judge Kenneth Ripple) U.S. v. McKnight, No. 10-2297 (7th Cir. Feb. 6, 2012) (Per Curiam) After a four-year investigation by the …

U.S. v. McKnight, No. 10-2297 (7th Cir.) ( F.3d ) (February 6, 2012) (Per Curiam)

Article • March 19, 2012 • from P&J March, 2012

Filed under: Punch And Jurists, Deceptive Investigative Techniques

U.S. v. McKnight, No. 10-2297 (7th Cir.) ( F.3d ) (February 6, 2012) (Per Curiam) by U.S. v. McKnight, 665 F.3d 786 (7th Cir. Nov. 22, 2011) (Judge Kenneth Ripple) U.S. v. McKnight, No. 10-2297 (7th Cir. Feb. 6, 2012) (Per Curiam) After a four-year investigation by the DEA and …

Presbyterian Church of Sudan v. Talisman Energy, Inc., No. 07-0016-cv (2nd Cir.) (582 F.3d 244) (October 2, 2009) (Judge Dennis G. Jacobs)

Article • September 1, 2009 • from P&J September, 2009

Filed under: Punch And Jurists, Purposeful Facilitation

Presbyterian Church of Sudan v. Talisman Energy, Inc., No. 07-0016-cv (2nd Cir.) (582 F.3d 244) (October 2, 2009) (Judge Dennis G. Jacobs) by The Alien Tort Statute (which the courts sometimes refer to as the “Alien Tort Claims Act” or the “Alien Tort Act” and which is herein referred to …

Ahmed v. Obama, No. Civ. No. 05-1678 (GK) (D.D.C.) (613 F.Supp.2d 51) (May 11, 2009) (Judge Gladys Kessler)

Article • April 1, 2009 • from P&J April, 2009

Filed under: Punch And Jurists, Lack of Evidence

Ahmed v. Obama, No. Civ. No. 05-1678 (GK) (D.D.C.) (613 F.Supp.2d 51) (May 11, 2009) (Judge Gladys Kessler) by In this heavily redacted, 45-page decision, Judge Kessler concluded that the Government had failed to prove that it had a valid basis on which to continue to hold Alla Ali Ahmed, …

U.S. v. Huezo, No. 07-0031-cr (2nd Cir.) (546 F.3d 174) (October 10, 2008) (Judge John M. Jr. Walker)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Huezo, No. 07-0031-cr (2nd Cir.) (546 F.3d 174) (October 10, 2008) (Judge John M. Jr. Walker) by Here the Court abrogated, as misleading and inconsistent with the constitution, the prevailing rule that once a conspiracy has been established, only “slight evidence” or evidence that is not “overwhelming” is …

U.S. v. Kemp, No. 97 Cr. 1162 (JFK) (S.D.N.Y.) (2008 U.S. Dist. LEXIS 2199) (January 10, 2008) (Judge John F. Keenan)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Kemp, No. 97 Cr. 1162 (JFK) (S.D.N.Y.) (2008 U.S. Dist. LEXIS 2199) (January 10, 2008) (Judge John F. Keenan) by The defendant in this case, Danny Kemp, was convicted in 1999 of various counts of wire fraud arising out of a scheme to obtain bank loans through the …

U.S. v. U.S. Currency in Sum of $185,000, No. 1:04-cv-883-ENV-CLP (E.D.N.Y.) (455 F.Supp.2d 145) (September 29, 2006) (Judge Eric N. Vitaliano)

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

Filed under: Punch And Jurists, Assertion of Self-Incrimination Privilege

U.S. v. U.S. Currency in Sum of $185,000, No. 1:04-cv-883-ENV-CLP (E.D.N.Y.) (455 F.Supp.2d 145) (September 29, 2006) (Judge Eric N. Vitaliano) by Here the Court held held that a person seeking to establish a claim of innocent possession to cash seized by the Government as suspected drug proceeds could not …

Dixon v. U.S., No. 05-7053 (U.S. Supreme Court) (548 U.S. 1; 126 S.Ct. 2437) (June 22, 2006) (Justice Stevens)

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

Filed under: Punch And Jurists, Burden of Proof

Dixon v. U.S., No. 05-7053 (U.S. Supreme Court) (548 U.S. 1; 126 S.Ct. 2437) (June 22, 2006) (Justice Stevens) by This is an interesting, albeit somewhat philosophical, decision that explores a creative argument about who has the burden of proving - or disproving - the affirmative defense of duress. The …

U.S. v. Lopez, No. 04-2254 (8th Cir.) (443 F.3d 1026) (April 17, 2006) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Slight Evidence Standard

U.S. v. Lopez, No. 04-2254 (8th Cir.) (443 F.3d 1026) (April 17, 2006) (Judge Morris Sheppard Arnold) by Way back in 1935, the Eighth Circuit first articulated its so-called “slight evidence” standard which essentially holds that “once the existence of a conspiracy is established, slight evidence connecting a defendant to …

McMillan v. Pennsylvania, No. 85-215 (U.S. Supreme Court) (477 U.S. 79; 106 S.Ct. 2411) (June 19, 1986) (Justice Rehnquist)

Article • October 24, 2005

Filed under: Punch And Jurists, Burden of Proof

McMillan v. Pennsylvania, No. 85-215 (U.S. Supreme Court) (477 U.S. 79; 106 S.Ct. 2411) (June 19, 1986) (Justice Rehnquist) by In its first case dealing with sentencing factors, the Court upheld a State law requiring imposition of a mandatory minimum sentence upon the trial court's determination that the defendant had …