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Bosse v. Oklahoma, No. 15-9173 (U.S. Supreme Court) (580 U.S. ___; 137 S.Ct. 1) (October 11, 2016) (Per Curiam)

Article • December 26, 2016 • from P&J October, 2016

Filed under: Punch And Jurists, Victim Impact Statement/Testimony

Bosse v. Oklahoma, No. 15-9173 (U.S. Supreme Court) (580 U.S. ___; 137 S.Ct. 1) (October 11, 2016) (Per Curiam) by The somewhat amusing contretemps in this case arose out of the appeal by Shaun Bosse of the death penalty sentence that was imposed after he was convicted on three counts …

McCoy v. U.S., No. 11-3457 (2nd Cir.) (707 F.3d 184) (January 30, 2012) (Per Curiam)

Article • December 1, 2013

Filed under: Punch And Jurists, Effective Assistance of Counsel

McCoy v. U.S., No. 11-3457 (2nd Cir.) (707 F.3d 184) (January 30, 2012) (Per Curiam) by Petition for writ of habeas corpus and appeal were properly denied, where: 1) petitioner's trial counsel's performance was not constitutionally defective for failing to challenge a second offender notice filed by the government because …

Trevino v. Thaler, No. 11-10189 (U.S. Supreme Court) (569 U.S. 413; 133 S.Ct. 1911) (May 28, 2013) (Justice Breyer)

Article • June 10, 2013 • from P&J June, 2013

Filed under: Punch And Jurists, Capital Punishment

Trevino v. Thaler, No. 11-10189 (U.S. Supreme Court) (569 U.S. 413; 133 S.Ct. 1911) (May 28, 2013) (Justice Breyer) by McQuiggan v. Perkins, No. 12-126 (U.S. Sup. Ct. May 28, 2013) (Justice Ginsburg) Trevino v. Thaler, No. 11-10189 (U.S. Sup. Ct. May 28, 2013) (Justice Breyer) In these two habeas …

Hawthorne v. Schneiderman, No. 10-4324-pr (2nd Cir.) (695 F.3d 192) (August 20, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Effective Assistance of Counsel

Hawthorne v. Schneiderman, No. 10-4324-pr (2nd Cir.) (695 F.3d 192) (August 20, 2012) (Per Curiam) by District court's denial of defendant's request for habeas relief from his conviction for criminal possession of a weapon and assault, is affirmed, where: 1) defendant was not prejudiced by Huntley counsel's alleged ineffectiveness; and …

Lafler v. Cooper, No. 10-209 (U.S. Supreme Court) (566 U.S. 156; 132 S.Ct. 1376) (March 21, 2012) (Justice Kennedy)

Article • April 2, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Effective Assistance of Counsel

Lafler v. Cooper, No. 10-209 (U.S. Supreme Court) (566 U.S. 156; 132 S.Ct. 1376) (March 21, 2012) (Justice Kennedy) by In this, and its companion case, Missouri v. Frye, the Court held, by a 5-4 vote, that criminal defendants have a constitutional right to effective assistance of counsel during plea …

Jefferson v. Upton, No. 09-8852 (U.S. Supreme Court) (560 U.S. 284; 130 S.Ct. 2217) (May 24, 2010) (Per Curiam)

Article • May 31, 2010 • from P&J May, 2010

Filed under: Punch And Jurists, Capital Punishment

Jefferson v. Upton, No. 09-8852 (U.S. Supreme Court) (560 U.S. 284; 130 S.Ct. 2217) (May 24, 2010) (Per Curiam) by

U.S. v. Yeager, No. 06-20321 (5th Cir.) (521 F.3d 367) (March 17, 2008) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. Yeager, No. 06-20321 (5th Cir.) (521 F.3d 367) (March 17, 2008) (Judge Fortunato P. Benavides) by Defendants were tried on various counts for their actions while employed at a certain company. The jury acquitted defendants on some counts but hung on others, after which the government again indicted …

U.S. v. Hernandez-Vasquez, No. 06-50198 (9th Cir.) (513 F.3d 908) (January 22, 2008) (Judge Jeremy Fogel)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Hernandez-Vasquez, No. 06-50198 (9th Cir.) (513 F.3d 908) (January 22, 2008) (Judge Jeremy Fogel) by The defendant in this case had previously has been convicted of aggravated assault on a corrections officer, lewd and lascivious acts with a child under the age of 14, annoying children and trespassing. …

U.S. v. Hernandez-Vasquez, No. 06-50198 (9th Cir.) (506 F.3d 811) (October 31, 2007) (Judge Jeremy Fogel)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Hernandez-Vasquez, No. 06-50198 (9th Cir.) (506 F.3d 811) (October 31, 2007) (Judge Jeremy Fogel) by This is an important decision on the forced use of antipsychotic drugs on prisoners in order to render them competent to stand trial; and it establishes come concrete guidelines for district courts to …

Brown v. Sanders, No. 04-980 (U.S. Supreme Court) (546 U.S. 212; 126 S.Ct. 884) (January 11, 2006) (Justice Scalia)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Aggravating Factors/Circumstances

Brown v. Sanders, No. 04-980 (U.S. Supreme Court) (546 U.S. 212; 126 S.Ct. 884) (January 11, 2006) (Justice Scalia) by In its latest attempt to clarify its own death penalty jurisprudence, the Supreme Court chose this highly fact-specific and technical case to establish a new and somewhat simplistic rule for …

Summerlin v. Schriro, No. 98-99002 (9th Cir.) (427 F.3d 623) (October 17, 2005) (Judge Sidney R. Thomas)

Article • November 1, 2005 • from P&J November, 2005

Filed under: Punch And Jurists, Effective Assistance of Counsel

Summerlin v. Schriro, No. 98-99002 (9th Cir.) (427 F.3d 623) (October 17, 2005) (Judge Sidney R. Thomas) by The petitioner inmate sought and was denied a writ of habeas corpus under 28 U.S.C. § 2254, challenging his murder conviction and death sentence. After reversing a decision of the court vacating …

U.S. v. Rivera-Guerrero, No. 04-50493 (9th Cir.) (426 F.3d 1130) (October 19, 2005) (Judge Stephen Reinhardt)

Article • September 1, 2005 • from P&J September, 2005

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Rivera-Guerrero, No. 04-50493 (9th Cir.) (426 F.3d 1130) (October 19, 2005) (Judge Stephen Reinhardt) by In a brilliant decision by Judge Reinhardt, the Ninth Circuit has issued a comprehensive review of the law on involuntary medicating incompetent defendants pretrial. The case involved the forced medication of an alien …

Bell v. Cone, No. 04-394 (U.S. Supreme Court) (543 U.S. 447; 125 S.Ct. 847) (January 24, 2005) (Per Curiam)

Article • January 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Aggravating Factors/Circumstances

Bell v. Cone, No. 04-394 (U.S. Supreme Court) (543 U.S. 447; 125 S.Ct. 847) (January 24, 2005) (Per Curiam) by Respondent prison inmate was convicted in state court of murders and sentenced to death but asserted that the statutory aggravating sentencing factor for conduct which was especially heinous, atrocious, or …

U.S. v. Ghane, No. 04-1769 (8th Cir.) (392 F.3d 317) (December 20, 2004) (Judge Gerald W. Heaney)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Ghane, No. 04-1769 (8th Cir.) (392 F.3d 317) (December 20, 2004) (Judge Gerald W. Heaney) by After the Government moved for the forced use of antipsychotic medication on the defendant to render him competent to stand trial, the magistrate judge routinely concluded that the use of such medication …

U.S. v. Frabizio, No. Crim. No. 03-10283-NG (D.Mass.) (341 F.Supp.2d 47) (October 27, 2004) (Judge Nancy Gertner)

Article • November 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Frabizio, No. Crim. No. 03-10283-NG (D.Mass.) (341 F.Supp.2d 47) (October 27, 2004) (Judge Nancy Gertner) by This child pornography case is noted for the unusually broad discovery order that was granted to the defendant by Judge Gertner over the Government’s objections. The defendant, who was charged with receiving …

U.S. v. Frazier, No. 01-14680 (11th Cir.) (387 F.3d 1244) (October 15, 2004) (Judge Stanley Marcus)

Article • November 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Frazier, No. 01-14680 (11th Cir.) (387 F.3d 1244) (October 15, 2004) (Judge Stanley Marcus) by Defendant appealed the judgment of the United States District Court for the Northern District of Georgia convicting him of kidnapping in violation of 18 U.S.C.S. § 1201(a)(1). Defendant was convicted of kidnapping his …

U.S. v. Gomes, No. 04-1004-CR (2nd Cir.) (387 F.3d 157) (October 25, 2004) (Judge Dennis G. Jacobs)

Article • October 1, 2004 • from P&J October, 2004

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Gomes, No. 04-1004-CR (2nd Cir.) (387 F.3d 157) (October 25, 2004) (Judge Dennis G. Jacobs) by

U.S. v. Weston, No. CRIM.A. 98-357(EGS) (D.D.C.) (326 F.Supp.2d 64) (July 15, 2004) (Judge Emmet G. Sullivan)

Article • August 1, 2004 • from P&J August, 2004

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Weston, No. CRIM.A. 98-357(EGS) (D.D.C.) (326 F.Supp.2d 64) (July 15, 2004) (Judge Emmet G. Sullivan) by The Government requested to extend defendant's involuntary medical treatment for an additional 180-day period pursuant to 18 U.S.C.S. § 4241(d) in connection with his indictment for the murders of two police officers …

U.S. v. Gomes, No. Crim. 3:98 CR 195(CF) (D.Conn.) (305 F.Supp.2d 158) (February 17, 2004) (Judge Christopher F. Droney)

Article • April 1, 2004 • from P&J April, 2004

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Gomes, No. Crim. 3:98 CR 195(CF) (D.Conn.) (305 F.Supp.2d 158) (February 17, 2004) (Judge Christopher F. Droney) by Here, on remand from the Supreme Court, the district court again concluded that the defendant was not competent to stand trial and that his involuntary medication was warranted and consistent …

U.S. v. Cruz, No. 02-1458 (2nd Cir.) (363 F.3d 187) (April 2, 2004) (Judge Thomas J. Meskill)

Article • March 1, 2004 • from P&J March, 2004

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Cruz, No. 02-1458 (2nd Cir.) (363 F.3d 187) (April 2, 2004) (Judge Thomas J. Meskill) by In this case the Second Circuit overturned a heroin conviction because a drug agent had been allowed to testify both as a fact witness and as an expert witness, ultimately testifying as …