Search | Punch and Jurists

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 …

Duvall v. Attorney General of the U.S., No. 04-4412 (3rd Cir.) (436 F.3d 382) (February 7, 2006) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists, Removal Proceedings

Duvall v. Attorney General of the U.S., No. 04-4412 (3rd Cir.) (436 F.3d 382) (February 7, 2006) (Judge Raymond C. Fisher) by Holding that, after the INS had lost an earlier attempt to deport the petitioner because it failed, through a trial error, to prove her alienage, it was not …

U.S. v. Arnett, No. 00-10170 (9th Cir.) (353 F.3d 765) (December 24, 2003) (Per Curiam)

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

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. Arnett, No. 00-10170 (9th Cir.) (353 F.3d 765) (December 24, 2003) (Per Curiam) by Here, just before oral argument, the Government confessed error on the collateral estoppel issue before the en banc court, which obviated the appeal from the decision reported at 327 F.3d 845 (9th Cir. 2003), …

Ashe v. Swenson, No. 57 (U.S. Supreme Court) (397 U.S. 436; 90 S.Ct. 1189) (April 6, 1970) (Justice Stewart)

Article • May 13, 2003

Filed under: Punch And Jurists, Collateral Estoppel

Ashe v. Swenson, No. 57 (U.S. Supreme Court) (397 U.S. 436; 90 S.Ct. 1189) (April 6, 1970) (Justice Stewart) by This case arose out of an armed robbery of six men, who were playing poker at the time of the robbery. Bob Ashe was charged with the robbery of one …

U.S. v. Ruhbayan, No. 02-4331 (4th Cir.) (325 F.3d 197) (April 7, 2003) (Judge Robert Bruce King)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. Ruhbayan, No. 02-4331 (4th Cir.) (325 F.3d 197) (April 7, 2003) (Judge Robert Bruce King) by Defendant appealed from the decision of the United States District Court for the Eastern District of Virginia, at Norfolk, which refused to dismiss charges of perjury and subornation of perjury. Defendant maintained …

U.S. v. Arnett, No. 00-10170 (9th Cir.) (327 F.3d 845) (April 24, 2003) (Judge Richard C. Tallman)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. Arnett, No. 00-10170 (9th Cir.) (327 F.3d 845) (April 24, 2003) (Judge Richard C. Tallman) by Timothy Arnett was arrested after robbing a bank in Medford, OR. He then confessed to several additional bank robberies in California. He was eventually indicted in both Oregon and California on a …

Schiro v. Farley, No. 92-7549 (U.S. Supreme Court) (510 U.S. 222; 114 S.Ct. 783) (January 19, 1994) (Justice O'Connor)

Article • September 11, 2002

Filed under: Punch And Jurists, Collateral Estoppel

Schiro v. Farley, No. 92-7549 (U.S. Supreme Court) (510 U.S. 222; 114 S.Ct. 783) (January 19, 1994) (Justice O'Connor) by Here the Court held that collateral estoppel means simply that when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again …

U.S. v. Moncivais, No. Crim. No. L-00-1333-S (S.D.Tex.) (213 F.Supp.2d 704) (November 2, 2001) (Judge George P. Kazen)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. Moncivais, No. Crim. No. L-00-1333-S (S.D.Tex.) (213 F.Supp.2d 704) (November 2, 2001) (Judge George P. Kazen) by After a jury in another state acquitted the defendant of, inter alia, conspiracy to possess and distribute about 1,221 pounds of marijuana, defendant was charged with conspiracy to possess with intent …

U.S. v. U.S. Currency in the Amount of $119.984, More or Less, No. 01-6077 (2nd Cir.) (304 F.3d 165) (September 5, 2002) (Judge Chester J. Straub)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. U.S. Currency in the Amount of $119.984, More or Less, No. 01-6077 (2nd Cir.) (304 F.3d 165) (September 5, 2002) (Judge Chester J. Straub) by Here the Court held that a finding made by a sentencing court that the source and proposed use of funds seized by the …

U.S. v. U.S. Currency in the Amount of $119,984, No. CV-99-1978 (CPS) (E.D.N.Y.) (129 F.Supp.2d 471) (January 17, 2001) (Judge Charles P. Sifton)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. U.S. Currency in the Amount of $119,984, No. CV-99-1978 (CPS) (E.D.N.Y.) (129 F.Supp.2d 471) (January 17, 2001) (Judge Charles P. Sifton) by In this case the Government filed a civil forfeiture action to recover money that the claimant, Cesar Castro, had attempted to take out of the country …

Securities and Exchange Commission v. Monarch Funding Corp., No. 98-6120 (2nd Cir.) (192 F.3d 295) (September 20, 1999) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Collateral Estoppel

Securities and Exchange Commission v. Monarch Funding Corp., No. 98-6120 (2nd Cir.) (192 F.3d 295) (September 20, 1999) (Judge Joseph M. McLaughlin) by Here the Court held that giving preclusive effect in a civil action to findings made in a criminal sentencing proceeding "should be deemed improper" and it reversed …

U.S. v. Pelullo, No. 93-1261 (3rd Cir.) (14 F.3d 881) (January 24, 1994) (Judge Robert E. Cowen)

Article • January 1, 1994

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. Pelullo, No. 93-1261 (3rd Cir.) (14 F.3d 881) (January 24, 1994) (Judge Robert E. Cowen) by In this case, the Third Circuit held that a defendant's prior conviction following a jury trial for wire fraud could not give rise to collateral estoppel to prevent relitigation of the same …