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U.S. v. Stein, No. 07-3042-cr (2nd Cir.) (541 F.3d 130) (August 28, 2008) (Judge Dennis G. Jacobs)
Article • October 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists, The Thompson Memorandum
U.S. v. Stein, No. 07-3042-cr (2nd Cir.) (541 F.3d 130) (August 28, 2008) (Judge Dennis G. Jacobs) by Here the Court affirmed the dismissal of indictments against 13 defendants, all former employees of KPMG, based on prosecutorial misconduct that resulted in the effective denial of the defendants’ Sixth Amendment rights …
Carlson v. Jess, No. 07-3428 (7th Cir.) (526 F.3d 1018) (May 19, 2008) (Judge Terrence T. Evans)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists, Counsel of Choice
Carlson v. Jess, No. 07-3428 (7th Cir.) (526 F.3d 1018) (May 19, 2008) (Judge Terrence T. Evans) by Here the Court affirmed Judge Lynn Adelman’s important prior ruling to the effect that the Sixth Amendment bars a court from denying, arbitrarily or unreasonably, a defendant the right to retain counsel …
Carlson v. Jess, No. 06C0481 (E.D.Wisc.) (507 F.Supp.2d 968) (September 4, 2007) (Judge Lynn S. Adelman)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists, Counsel of Choice
Carlson v. Jess, No. 06C0481 (E.D.Wisc.) (507 F.Supp.2d 968) (September 4, 2007) (Judge Lynn S. Adelman) by One of the many abominations of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") was that it threw out more than 200 years of carefully-reasoned precedent relating to the Great Writ …
Stein v. KPMG, LLP, No. 06-4358-cv (2nd Cir.) (486 F.3d 753) (May 23, 2007) (Judge Ralph K. Jr. Winter)
Article • July 1, 2007 • from P&J July, 2007
Filed under: Punch And Jurists, The Thompson Memorandum
Stein v. KPMG, LLP, No. 06-4358-cv (2nd Cir.) (486 F.3d 753) (May 23, 2007) (Judge Ralph K. Jr. Winter) by For a discussion of the ruling in this case, see "2nd Circuit: Federal Judge Lacks Authority to Hear Demands KPMG Pay Legal Fees," by Mark Hamblett, as published in the …
U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (495 F.Supp.2d 390) (July 16, 2007) (Judge Lewis A. Kaplan)
Article • June 1, 2007 • from P&J June, 2007
Filed under: Punch And Jurists, The Thompson Memorandum
U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (495 F.Supp.2d 390) (July 16, 2007) (Judge Lewis A. Kaplan) by This decision relates to the Government’s long and highly publicized efforts to prosecute a number of the former partners and employees of KPMG, the giant accounting firm, in what has …
U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (461 F.Supp.2d 201) (November 13, 2006) (Judge Lewis A. Kaplan)
Article • October 1, 2006 • from P&J October, 2006
Filed under: Punch And Jurists, The Thompson Memorandum
U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (461 F.Supp.2d 201) (November 13, 2006) (Judge Lewis A. Kaplan) by Once again, Judge Kaplan has postponed the trial of 16 former employees of the accounting firm KPMG in a massive criminal tax shelter fraud case. The defendants recently moved for …
U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (452 F.Supp.2d 230) (September 6, 2006) (Judge Lewis A. Kaplan)
Article • August 1, 2006 • from P&J August, 2006
Filed under: Punch And Jurists, The Thompson Memorandum
U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (452 F.Supp.2d 230) (September 6, 2006) (Judge Lewis A. Kaplan) by In this case, said to be the largest criminal tax case in our nation’s history, the Government has charged 19 defendants, 17 of them former partners or employees of accounting …
U.S. v. Gonzalez-Lopez, No. 05-352 (U.S. Supreme Court) (548 U.S. 140; 126 S.Ct. 2557) (June 26, 2006) (Justice Scalia)
Article • June 1, 2006 • from P&J June, 2006
Filed under: Punch And Jurists, Counsel of Choice
U.S. v. Gonzalez-Lopez, No. 05-352 (U.S. Supreme Court) (548 U.S. 140; 126 S.Ct. 2557) (June 26, 2006) (Justice Scalia) by In a rare departure from form, Justice Scalia joined with the more liberal Justices on the Supreme Court to provide the swing vote in this 5 to 4 decision that …
U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (435 F.Supp.2d 330) (June 26, 2006) (Judge Lewis A. Kaplan)
Article • June 1, 2006 • from P&J June, 2006
Filed under: Punch And Jurists, The Thompson Memorandum
U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (435 F.Supp.2d 330) (June 26, 2006) (Judge Lewis A. Kaplan) by This is an important decision in which Judge Kaplan held that the Government had violated the Fifth and Sixth Amendment rights of a number of former KPMG partners and one …
U.S. v. Gonzalez-Lopez, No. 03-3487 (8th Cir.) (399 F.3d 924) (March 8, 2005) (Judge Kermit Edward Bye)
Article • December 1, 2005 • from P&J December, 2005
Filed under: Punch And Jurists, Counsel - Constructive denial of
U.S. v. Gonzalez-Lopez, No. 03-3487 (8th Cir.) (399 F.3d 924) (March 8, 2005) (Judge Kermit Edward Bye) by Defendant was convicted by a jury in the United States District Court for the Eastern District of Missouri of conspiring to distribute more than 100 kilograms of marijuana. On appeal, defendant argued …
U.S. v. Cronic, No. 82-660 (U.S. Supreme Court) (466 U.S. 648; 104 S.Ct. 2039) (May 14, 1984) (Justice Stevens)
Article • April 26, 2004
Filed under: Punch And Jurists, Counsel - Constructive denial of
U.S. v. Cronic, No. 82-660 (U.S. Supreme Court) (466 U.S. 648; 104 S.Ct. 2039) (May 14, 1984) (Justice Stevens) by This seminal case set the standard for determining when there has been a complete denial of a defendant's right to effective assistance of counsel, in which case there is a …
Cockrell v. Burdine, No. 01-495 (U.S. Supreme Court) (535 U.S. 1120; 122 S.Ct. 2347) (June 3, 2002) (Per Curiam)
Article • June 9, 2002 • from P&J May, 2002
Filed under: Punch And Jurists, Counsel - Constructive denial of
Cockrell v. Burdine, No. 01-495 (U.S. Supreme Court) (535 U.S. 1120; 122 S.Ct. 2347) (June 3, 2002) (Per Curiam) by Several times in the past few years we have commented on some of the prior appeals in this well-publicized capital case, which has become known in the press as the …
Bell v. Cone, No. 01-400 (U.S. Supreme Court) (535 U.S. 685; 122 S.Ct. 1843) (May 28, 2002) (Justice Rehnquist)
Article • May 1, 2002 • from P&J May, 2002
Filed under: Punch And Jurists, Counsel - Constructive denial of
Bell v. Cone, No. 01-400 (U.S. Supreme Court) (535 U.S. 685; 122 S.Ct. 1843) (May 28, 2002) (Justice Rehnquist) by Here, by a vote of 8 to 1, the Court reversed the grant of habeas relief to a capital defendant whose counsel did nothing at his original hearing, principally on …
Geders v. U.S., No. 74-5968 (U.S. Supreme Court) (425 U.S. 80; 96 S.Ct. 1330) (March 30, 1976) (Justice Burger)
Article • November 25, 2001
Filed under: Punch And Jurists, Counsel - Constructive denial of
Geders v. U.S., No. 74-5968 (U.S. Supreme Court) (425 U.S. 80; 96 S.Ct. 1330) (March 30, 1976) (Justice Burger) by Here the Court held that a defendant's Sixth Amendment right to effective assistance of counsel was violated when the trial court prohibited him from consulting with his counsel during a …
Mitchell v. Mason, No. 99-1839 (6th Cir.) (257 F.3d 554) (July 12, 2001) (Judge Karen Nelson Moore)
Article • August 1, 2001 • from P&J August, 2001
Filed under: Punch And Jurists, Counsel - Constructive denial of
Mitchell v. Mason, No. 99-1839 (6th Cir.) (257 F.3d 554) (July 12, 2001) (Judge Karen Nelson Moore) by In this case, the habeas petitioner argued that he was entitled to a presumption of ineffective assistance of counsel where the record indicated that his trial counsel had consulted with him for …
Cone v. Bell, No. 99-5279 (6th Cir.) (243 F.3d 961) (March 22, 2001) (Judge James L. Ryan)
Article • April 1, 2001 • from P&J April, 2001
Filed under: Punch And Jurists, Counsel - Constructive denial of
Cone v. Bell, No. 99-5279 (6th Cir.) (243 F.3d 961) (March 22, 2001) (Judge James L. Ryan) by Here the Court granted habeas relief to the Petitioner after concluding that he was denied the effective assistance of counsel in death penalty case under the Sixth Amendment where, at sentencing, his …
Perry v. Leeke, No. 87-6325 (U.S. Supreme Court) (488 U.S. 272; 109 S.Ct. 594) (January 10, 1989) (Justice Stevens)
Article • June 23, 2000
Filed under: Punch And Jurists, Counsel - Constructive denial of
Perry v. Leeke, No. 87-6325 (U.S. Supreme Court) (488 U.S. 272; 109 S.Ct. 594) (January 10, 1989) (Justice Stevens) by Here the Court held that a trial court's order directing that the defendant not consult with his counsel during a 15-minute recess in the trial was permissible, stating that: "The …
Lakin v. Stine, No. 96-75828 (E.D.Mich.) (44 F.Supp.2d 897) (April 8, 1999) (Judge Arthur Tarnow)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Counsel - Constructive denial of
Lakin v. Stine, No. 96-75828 (E.D.Mich.) (44 F.Supp.2d 897) (April 8, 1999) (Judge Arthur Tarnow) by Case held that the petitioner, who was accused of assaulting a prison guard, was constructively denied his right to counsel when forced to meet with counsel in the presence of prison guards - a …
Childress v. Johnson, No. 95-20865 (5th Cir.) (103 F.3d 1221) (January 10, 1997) (Judge Fortunato P. Benavides)
Article • February 1, 1997 • from P&J February, 1997
Filed under: Punch And Jurists, Counsel - Constructive denial of
Childress v. Johnson, No. 95-20865 (5th Cir.) (103 F.3d 1221) (January 10, 1997) (Judge Fortunato P. Benavides) by This case presents an important analysis of the significant distinction between claims of ineffective assistance of counsel and claims where a defendant argues that he was construtively denied any counsel at all …
Shillinger v. Haworth, No. 94-8062 (10th Cir.) (70 F.3d 1132) (November 17, 1995) (Judge Robert H. Henry)
Article • January 1, 1996 • from P&J January, 1996
Filed under: Punch And Jurists, Counsel - Constructive denial of
Shillinger v. Haworth, No. 94-8062 (10th Cir.) (70 F.3d 1132) (November 17, 1995) (Judge Robert H. Henry) by Here the Court reversed a conviction because of a prosecutorial intrusion into the defendant's attorney-client relationship which constituted a per se violation of his Sixth Amendment rights to counsel. In this case …