Skip navigation
Punch and Jurists
Login
or
Sign up
Login or Sign up
Toggle navigation
Punch and Jurists
Home
News
Website subscriptions
Donate
Contact Us
Search
Search
Search Content
Brief Bank
P&J Back Issues
Search
Search
Search
More search options »
Topics:
Misconduct/Corruption (6)
--- Police Misconduct (5)
Retaliation (10)
Medical (3)
--- Abortion (2)
Disciplinary Hearings (12)
--- Liberty Interests (8)
Searches (6)
--- Strip Searches (4)
--- Computer Searches (2)
Crime/Demographics (29)
--- Conspiracy (28)
Conditions of Confinement (7)
--- Eighth Amendment (6)
Attorneys (3)
--- Prosecutors (3)
Excessive Force (31)
Prisoner Privileges (3)
--- Computers (3)
Civil Procedure (213)
--- Damages (4)
--- Standing (15)
--- Jury Instructions (38)
--- Appeals (9)
--- Limitations (8)
--- Discovery (2)
--- Mootness (5)
--- Filing Fees (7)
--- Magistrates (5)
--- Sanctions (24)
--- Transcripts (4)
--- Depositions (2)
--- Recusal (32)
--- Retroactivity (55)
Sentencing (24)
--- Ex Post Facto (2)
--- Habeas Corpus (5)
--- Probation (4)
Money/Property (34)
--- Restitution (17)
--- Bankruptcy (5)
--- Forfeiture (12)
Federal Statutory Law (32)
--- Americans with Disabilities Act (7)
--- Religious Freedom Restoration Act (4)
--- Violence Against Women Act (5)
--- AEDPA (4)
--- Alien Tort Claims Act (4)
--- Clean Water Act (2)
International (8)
--- Terrorism (8)
Immunity/Liability (6)
--- Qualified Immunity (4)
Mail (42)
--- Due Process (42)
Mental Health (16)
--- Civil Commitment (16)
Media (34)
--- First Amendment (34)
Police (4)
--- False Arrest (4)
Criminal Procedure (2)
--- Double jeopardy (2)
Constitution, U.S. (3)
--- Sixth Amendment (3)
Punch And Jurists (12295)
Appeals/Appellate Jurisdiction (151)
--- Felon in Possession Statute (26)
--- Waiver of Appeal Rights (70)
--- Procedural Default/Error (36)
------ Actual Innocence/Claim of Innocence (32)
--------- Ineffective Assistance of Counsel (15)
------ Cause and Prejudice (2)
------ Capital Cases (2)
--- Law of the Case (8)
--- Preservation of Appellate Rights/Issues (8)
------ Waiver (3)
--- Appealable Issues/Orders (6)
--------- Collateral Order Doctrine (2)
--- Jurisdictional Defects (7)
--- Mandamus, Writ of (7)
--- Notice of Appeal/Appeal Rights (8)
--- Audita Querela (2)
Constitutional Challenges/Law (231)
--- Deportation/Removal/Exclusion (56)
------ Aggravated Felonies (7)
------ Section 212(c) Waiver (3)
------ Detention Pending Removal (9)
--------- Limitations on Period of Detention (9)
------ Crime of Moral Turpitude (2)
------ Collateral Consequences (3)
--------- Failure to Inform (2)
------ Fundamentally Unfair (5)
------ Enforcement of Immigration Laws (2)
--- Equal Protection Clause/Claims (12)
--- Terrorist Designation/Terrorism Label (15)
------ Patriot Act (9)
--------- Material Support Ban (9)
------ Foreign Terrorist Organization (FTO) (2)
--- Adam Walsh Child Protection Safety Act (5)
------ Restrictions on Access to Evidence (3)
--- Mandatory Victims Restitution Act (MVRA) (18)
------ Difficulty of Calculating (2)
--- Child Support Recovery Act/Deadbeat Parents Punishment Act (20)
--- Vagueness/Overbreadth (33)
------ Cyberstalking (2)
------ Authorization for the Use of Military Force (AUMF) (10)
--------- Detention (4)
--- Megan's Laws (29)
--- Espionage (2)
--- Prohibited Persons (20)
------ Unlawful User (6)
------ Illegal Aliens (3)
--- Federal Death Penalty Act (22)
------ Separate Juries (4)
--- Pornography/Pornography Laws (6)
--- Federal Carjacking Statute (3)
--- Court Rules (4)
--- Foreign Intelligence Surveillance Act (FISA) (10)
------ Significant Purpose Test (5)
--- Domestic Violence (4)
--- Pretrial Detention and Detainees (9)
--- Child Online Protection Act (COPA) (5)
--- Bill of Attainder (4)
New Trial/Judgment of Acquittal (110)
--- Sufficiency of Evidence (157)
------ Buyer-Seller Relationship/Instruction (13)
------ Nexus between crime and property (4)
--------- Civil Asset Forfeiture Reform Act (CAFRA) (7)
------------ Notice Requirements (3)
------ Specific Offenses (7)
--------- Stolen Valor Act (3)
------ Controlled Substances (3)
------ Weapons (10)
------ Presentence Reports (PSRs) (18)
------ Rule 10(b)(5) (4)
------ Murder/Felony Murder (6)
--------- Depraved Indifference Murder (4)
------ Bribes and Gratuities (3)
------ Evidence - Circumstantial (6)
------ Sweat Patch Test (3)
--- Evidence - Newly Discovered (22)
--- Attorney Misconduct/Disqualification (10)
Search and Seizure (611)
--- Physical Injury/Restraint (5)
--- Searches - Containers/Luggage (10)
--- Warrants (37)
------ Particularity Requirement (3)
------ Probable Cause (27)
------ Terrotorial Restrictions (7)
--------- Network Investigative Technique ("NIT") (7)
--- Searches - Cellphones/Computers/Internet (11)
------ Stored Communications Act (9)
--------- Emails (7)
--- Consent (31)
------ Doctrine of Unconstitutional Conditions (2)
--- Wiretap Evidence (7)
--- Probable/Proximate Cause (64)
------ Anonymous Tip (9)
--------- 911 Calls (7)
--- Exigent Circumstances (27)
------ Emergency Aid Doctrine (5)
--- Warrantless Searches (42)
------ Curtilege (3)
--------- Automobile Exception (3)
------ DNA Evidence (5)
------ Cell-Phones (7)
--------- Waiver of Appellate Rights (4)
------ GPS Tracking Device (4)
--- Electronic Surveillance (8)
------ Pen Registers (5)
--------- Email and IP Addresses (3)
------ Sealing (3)
--- Custodial Interrogations/Statements (18)
--- Searches - Inventory (12)
------ Community Caretaking Exception/Doctrine (6)
--- Warrants - General Search (6)
------ Peyton v. New York (4)
--------- SWAT Teams (4)
--------- Plain View Doctrine (4)
------------ Electronically Stored Information (2)
--- Special Needs Exception (21)
------ Supervised Release (6)
--------- Lifetime Supervision (3)
--- Informants and Paid Witnesses (50)
--- Privacy Act/Rights (26)
------ Perp Walks/Ride-Alongs (3)
--- Searches - Vehicle checkpoints (20)
--- USA Patriot Act (11)
------ National Security Letters (7)
--- Racial/Ethnic Bias/Profiling (13)
--- Inevitable Discovery Doctrine (6)
--- Consensual Encounters (11)
--- Searches - Border Stops/Searches (30)
------ Destructive Searches (2)
--- Searches - Plain View (10)
--- Searches - Incident to Arrest (12)
------ Automobile Searches/Seizures (3)
--- Abandoned Property (4)
--- Searches - Automobile (30)
------ Prolonging a Routine Stop (3)
--------- Canine search (3)
------ Single-purpose container exception (3)
--- Searches - Home/Curtilage (13)
--- Seizure (11)
--- Warrants - Anticipatory (6)
--- Pretextual Stops (3)
--- Reasonable Suspicion (14)
--- Searches - Knock and Announce (14)
--- Return/Retention of Property (33)
------ Rule 41(g) (3)
--- Fruit of the Poisonous Tree (8)
--- Searches - Administrative (11)
--------- General Law Enforcement Objectives (2)
--- False Statements, Testimony or Documents (16)
--- Searches - Protective Sweep (5)
--- Independent Source Doctrine (3)
--- NSA Domestic Spying Program (14)
------ States Secrets Privilege (5)
--- Suppression (3)
--- Good Faith Exception (7)
--- Searches - Thermal Imager (12)
--- Stalking Horse (4)
Separation of Powers (12)
--- Appointments Clause (7)
--- Final Judgments (2)
General Application Principles (22)
--- Applicable Guidelines Issues (19)
--- Continuing Offenses (2)
Discretionary/Inherent Powers (7)
--- Expungement/Removal (9)
------ Privacy Rights (4)
--------- Hotel Guests (3)
Conspiracies, Attempts, Solicitations (7)
--- Attempts/Incomplete Acts (5)
--- Completion of All Acts (2)
Subpoenas (17)
--- Tax Prosecutions (4)
--- Relevancy (4)
------ State of Mind (3)
Federal Rules of Criminal Procedure (3)
--- Grand Jury - Secrecy Rule (3)
Offenses Involving Public Officials (9)
--- Jury Coercion/Tampering (12)
------ Presumption of Prejudice (3)
Commerce Clause (2)
--- Crime Victims' Rights Act (CVRA) (4)
False Statements/Perjury (4)
--- Exculpatory No Doctrine (4)
Criminal Justice Act (CJA) (3)
--- Attorneys' Fees/Expenses/Expenses (3)
--- Collection (3)
------ Forfeiture Money Judgments (2)
Feeney Amendment (PROTECT Act) (3)
Bureau of Prisons (BOP) (15)
--- Good Time Credits (3)
------ Section 3624(b) (14)
--------- Calculation of 54 Days (14)
--- Community Confinement/Home Detention (12)
------ Halfway House Placement (25)
--------- 10% Limitation (25)
Capital Punishment (95)
--- Expert Witnesses/Testimony (31)
------ Exclusion of Witnesses at Trial (3)
--- Effective Assistance of Counsel (32)
------ Expert and Opinion Evidence/Testimony (10)
--- Victim Impact Statement/Testimony (3)
--- Aggravating Factors/Circumstances (8)
--- Antipsychotic Drugs/Forced Medication (24)
------ Chemical Castration (2)
--- Collateral Estoppel (12)
Jury Selection (59)
--- Batson Claims (58)
------ Peremptory Challenges (24)
--------- Erroneous Rejection of Challenge (12)
------------ Harmless Error (13)
--- Juries - Anonymous/Sequestered (18)
--- Juries - Fair and Impartial (4)
Remands (12)
--- Different Judge (8)
Tenth Amendment (13)
--- Federalizaton of Criminal Laws (9)
--- Federal Bank Robbery Act (2)
--- Brady Handgun Violence Prevention Act (2)
Bail/Pretrial Release (18)
--- Failure to Make Findings or Articulate Reasons (6)
--- Extradition (8)
------ Fugitives/Fugitive Disentitlement (7)
--- Pending Appeal/Sentencing (5)
--- Danger to the Community (3)
Obstruction (58)
--- Obstruction of Justice (52)
--- Instant Offense (4)
Counsel - Right to (42)
--- Indigent Defendants - Fees and Expenses (12)
------ Civil Contempt (2)
------ Criminal Justice Act Fees (2)
--- Immigration Hearings (4)
--- Misdemeanor Offenses (6)
--- Confessions - Admissibility (3)
------ Impeachment Evidence/Purposes (20)
--------- Massiah Rule (19)
--- After Request for Counsel (3)
--- Counsel - Constructive denial of (20)
------ Counsel of Choice (3)
------ The Thompson Memorandum (6)
--- Offense Specific Nature (3)
Bribery/Extortion/Theft (39)
--- Federal Funds (39)
Revocation/Modification of Probation, etc. (30)
--- Guideline Policy Statements/Commentary (5)
--- Discovery - Generally (6)
--- Supervised Release - Imposition of New Term (17)
Essential Elements of Crime (19)
--- Kidnapping, Abduction or Unlawful Restraint (6)
--- Counterfeiting and Forgery (7)
Jurors and Juries (107)
--- Jury Nullification (31)
--- Jurors - Alternates (6)
--- Bias/Discrimination (37)
------ Impartial Jury (3)
--------- Fair Cross Section Requirement (3)
--- Juror Competency/Inquiry Issues (9)
--- Jurors - Removal/Excusing (8)
--- Publicity - Prejudicial (16)
--- Anti-Alienation Statutes (21)
------ Liens, Garnishments, Etc. (21)
Joinder and Severance (32)
--- Prejudicial Spillover (10)
--- Joinder of Offenses and/or Defendants (11)
--- Prejudicial Joinder Issues (7)
--- Mutually Antagonistic Defenses (5)
Grounds for Appeal (6)
Opinions and Expert Testimony (23)
--- Opinion on Ultimate Issue (8)
--- Hypothetical Questions (6)
--- Eyewitness Testimony (9)
Juvenile Offenses/Offenders (10)
--- Speedy Trial Rights (9)
------ Barker Factors (4)
--- Arraignment Delay (3)
Career Offenders (42)
--- Offense Statutory Maximum (13)
--- Three Strikes Statutes/Rule (19)
--- Downward Departures (26)
------ Sentencing Goals/Purposes/Practices (16)
Victim Related Crimes/Adjustments (19)
--- Victims - Official (20)
Substantial Assistance to Authorities (86)
--- Breach of Plea/Coop./Immunity Agreements (44)
--- Refusal to file motion (42)
------ Cooperation Not Complete (3)
--- Assistance after sentencing (2)
Criminal History (99)
--- Prior Conviction/Sentence/Incarceration (51)
------ Adjournment in Contemplation of Dismissal (ACD) (2)
--------- Conflicting Provisions (2)
--- Evidence - Weight of (3)
--- Similar Acts or Crimes/Similarity in kind (11)
--- Prior Convictions - Expungement or Reversal of (5)
--- Adequacy of Criminal History Category (33)
------ Prior Conviction Exception (4)
Prospective Relief (6)
--- Opt-In Requirements for Truncated Judicial Review (6)
Freedom of Information Act (FOIA) (8)
--- Exemptions (17)
------ Glomar Response (5)
--------- Executive Authority (4)
------ Civil Rights Restored (2)
------ Torture (12)
--------- Clearly Established Rights (3)
--------- U.S. Citizens in Iraq (3)
Speedy Trial (91)
--- Interstate Agreement on Detainers (IAD) (11)
--- Ends of Justice Continuances (4)
--- Speedy Trial Clock - Tolling of (20)
--- Waivers/Defaults (28)
------ Consequences of Firing Appointed Counsel (2)
--- Delays in Prosecution of Case (28)
--- Excludable Time (4)
Fraud and Deceit (40)
--- Bank Fraud/Robbery/Theft (10)
------ Intent to Defraud (3)
--------- Federal/State Conflicts (2)
--- Loss - Actual v. Intended (20)
--- Identity Theft (7)
------ Aggravated Identity Theft (6)
--- Check-Kiting/Bad Checks (5)
Mail and Wire Fraud (38)
--- Honest Services Fraud (8)
--- Scheme or Artifice to Defraud (4)
--- Foreign Crimes/Convictions/Conduct (20)
------ Foreign Narcotics Kingpin Designation Act (2)
------ Prisoners Rights (4)
--------- UNICOR (4)
--- Jurisdiction - Generally (3)
--- Affirmative Defenses (6)
Confrontation Clause/Rights (33)
--- Video/Closed Circuit TV Testimony (9)
--- Crawford (15)
------ Testimonial Statements (5)
--------- Crime Lab Reports (3)
Mandatory Minimum Sentence (152)
--- Burden of Proof (164)
------ Deceptive Investigative Techniques (3)
------ Preponderance of Evidence Standard (3)
--- Explosives (2)
--------- During the Commission of a Felony (2)
Public Trial (38)
--- Closure of Courtroom (18)
--- Right to be Present (11)
--- Voir Dire (12)
Entrapment (34)
--- Predisposition/Inducement (22)
--- Entrapment by Estoppel (6)
--- Government Deception and Trickery (2)
--- Post-Apprendi Challenges (3)
Taxation Offenses (21)
--- Reliance on erroneous advice (5)
--- Venue - Change of (3)
--- Knowledge/Scienter (5)
--- Corrupt and Forcible Interference with IRS (3)
--- Klein Type Conspiracy (6)
Statutory Construction/Interpretation (113)
--- Interstate Commerce (38)
------ Knowledge of Illegality (21)
--- Rule of Lenity (12)
--- Civil RICO (4)
--- Threats (22)
--- Charging Decisions (7)
--- Gun Laws/Crimes (27)
------ Misdemeanor Crime of Domestic Violence (8)
------ Mens Rea (8)
------ Apprendi Issues (6)
--------- Sentencing Factors vs. Essential Elements of Crime (4)
--- Criminal Justice Act (4)
------ Funds for Investigative Services (6)
--------- Standards for Determining (6)
--- Authority/Subject Matter Jurisdiction (8)
------ Torture Victim Protection Act (TVPA) (5)
--------- Failure to State a Claim Upon Which Relief Can Be Granted (4)
--- Insanity Defense Reform Act (7)
--- Senior Citizens Against Marketing Scams Act (4)
--- Commitment (4)
--- Protective Orders (5)
--- Foreign Corrupt Practices Act (FCPA) (3)
--- Practitioner Exception (3)
--- Economic Espionage Act (2)
--- Assimilative Crimes Act (2)
Arrest/Arraignment (15)
--- Warrants - Requirements/Scope/Exceptions (16)
------ Good Faith (2)
Fraud and Theft Loss (77)
--- Loss - Calculation/Determination of (71)
------ Food Stamp Fraud (2)
--- Loss - Consequential Damages (3)
--- Affecting a Financial Institution (6)
--- Jeopardizing the Soundness of a Financial Institution (3)
Drugs - Determination of (74)
--- Marijuana Laws/Issues (19)
------ Medical Marijuana (8)
--- Co-conspirator/Accomplice liability (18)
--- Estimates/Averages - Use of (15)
------ Pimentel Letters (3)
--- Drugs - Type or Quality of (12)
--- Methamphetamine (6)
--- Mens Rea Element (17)
------ Reasonable Cause to Believe Standard (4)
--- Sting Operations (3)
Counsel - Effective Assistance of (150)
--- Strickland Standard (58)
------ Failure to Preserve Challenge (2)
--------- Future Change in the Law (2)
--- Conflict of Interest (38)
--- Anders Brief (9)
--- Pre-Trial Restraint of Assets (8)
------ "Extraordinary Circumstances" Test (2)
--- Failure to Address/Advise Defendant (18)
--- Collateral and Direct Consequences (4)
------ Consequences of Plea (12)
--------- Post Padilla v. Kentucky (10)
------ Misleading Advice/Statements to Defendant (4)
--------- FISA Amendments Act of 2008 (3)
--- Pro Se Issues (18)
--------- Competence to Litigate (2)
--- Failure to Consult/Investigate/Raise (5)
--- Appellate Advocacy/Counsel (2)
--- Battered Child/Spouse Evidence (2)
Immigration Law/Offenses (159)
--- Aggravated Felony (30)
------ Elements of Crime (2)
--- Exhaustion of Remedies (36)
--- Detention - Generally (47)
------ Right to Hearing (3)
------ 8 U.S.C. § 1226(c) (2)
--- Crimes of Violence/Violent Felony (43)
------ Assault Weapons (6)
--- Asylum (7)
--- Illegal Immigration Reform Act of 1996 (IIRIRA) (12)
Civil Rights Actions or Offenses/Bivens Actions (331)
--- Immunity - Absolute and Qualified (116)
------ Waiver of Rights (3)
------ Material Witness Statute (11)
--------- Preventative Detention (3)
------ Monell Claims (3)
--------- False Testimony (2)
------ Confessions (5)
--------- Coercive Interrogations (5)
--- Dismissal (31)
------ Kastigar Hearing (3)
--------- Use of Immunized Testimony (3)
------ Solicitation to Commit a Crime of Violence (3)
--------- Protected Speech (3)
--- Cruel and Unusual Punishment (75)
------ Punishment (15)
------ Mental Retardation/Intellectual Disability (3)
------ Method of Execution (3)
--------- Lethal Injection (3)
--- Attorneys' Fees/Expenses (46)
--- Immunity - Sovereign/Municipal (6)
--- Frivolous Claims (6)
--- Hearings (4)
--- Immunity - Judicial (9)
--- Federal Tort Claims Act (FTCA) (8)
--- Alien Tort Statute (9)
------ Corporate Liability (5)
--- Searches - Body/Strip (26)
------ Immunity (9)
--------- School Searches (3)
------ Body Cavity (2)
--- Consent Decrees - Generally (4)
--- Fighting Words Doctrine (7)
--- Jury Trial (4)
--- False Arrrest/Malicious Prosecution (5)
------ Certificate of Innocence (2)
--- Drug Treatment Records (2)
--- Color of Law (3)
--- Medical Treatment/Expenses (6)
--- Damages - Compensatory (6)
--- Rooker-Feldman Doctrine (9)
--- Westfall Act (3)
--- Damages - Punitive (4)
--- Confessions - Coerced (3)
Sentence Enhancements/Departures (352)
--- Possession or Use of Firearms (99)
--- Reasonable Foreseeability (7)
--- Reckless Endangerment/Risk of Injury (4)
--- Schoolyard Statute/Drug Protected Locations (16)
--- Refusal to assist (5)
--- Mitigating Role/Circumstances/Evidence (15)
------ Drug Addiction (2)
--- Sexual Abuse/Harrassment/Exploitation (9)
------ Dost Factors (4)
--- Notice - Adequacy of (25)
--- Abuse of Position of Trust (31)
--- Double Counting (53)
--- Minimal/Minor Participation (11)
--- Victims - Multiple/Number of (6)
--- More than Minimal Planning (5)
--- Fencing Enhancement (10)
--- Antitrust Issues (2)
--- Special Skills (8)
--- Using a Minor to Commit a Crime (12)
--- Firearms - Brandishing, Using, etc. (11)
--- Commission of Offenses While on Release (4)
--- Benefits received (3)
--- Guns - Type of (9)
------ Machine Guns (4)
--- Unduly Influencing a Minor (4)
--- Statutory Index (5)
--- Death/Bodily Injury (5)
--- Breach of trust (2)
Specific Offense/Offender Characteristics (98)
--- Family Circumstances (50)
--- Age (6)
--- Physical Condition (19)
--- Civic/Charitable/Public Service Contributions (13)
--- Employment Record (4)
--- Education and Vocational Skills/Training (2)
Evidence - Integrity/Reliability of (29)
--- Drug Dealer/Courier Profile (16)
--- Corroboration/Corroboration Rule (4)
--- Drug-Tainted Currency (5)
--- Fragmentary Statements/Summaries (3)
--- Writings, Recordings & Photographs (4)
Grounds for Departure (333)
--- Abuse (3)
--- Aberrant Behavior (45)
------ Departures/Variances (7)
--- Sentencing Disparity (44)
------ Procedural Reasonableness (3)
--- Combination of Factors/Totality of Circumstances (27)
------ Substantially Overlapping Enhancements (3)
--- Cooperation with Local Authorities (4)
--- Extreme Conduct or Injury (17)
--- Federal-State Differences/Disparity/Conflicts (8)
--- Post-Offense Conduct (43)
------ Extraordinary Rehabilitation (5)
--- Drug Testing/Treatment Programs (54)
------ Early Release (11)
--------- 18 U.S.C. § 3583(e) (2)
------ RDAP (5)
--------- Eligibility (2)
--- Lesser Harms (15)
--- Disparity in Charging/Sentencing Practices (9)
--- Cultural Assimilation (9)
--- Drug or Alcohol Dependence (7)
--- Deterrence/Recidivism (5)
--- Heartland Departures (12)
--- Loss - Multiple Loss Causation (4)
--- Atypical conduct (3)
--- Status as an Alien (15)
--- Voluntary Disclosure of Offense (7)
--- Loss of employment (3)
--- Remorse (5)
--- Deportation/Removal/Exclusion - Waivers of/Consents to (5)
--- Public Welfare (4)
--- Criminal Conduct/Purpose (6)
--- Hardship - Extraordinary (2)
--- Disruption of Governmental Function (5)
Firearms (103)
--- Sentences - Authorized (61)
------ Stacking Mandatory Minimum Sentences (7)
------ Alternative Sentences (2)
--- Stipulations (26)
--- Civil Disabilities (5)
--- Definitions (20)
------ Imprisonment (5)
------ Non-violent offenses (3)
--- Predicate Acts/Offenses (7)
Evidence - Admissibility (211)
--- Hearsay Evidence (92)
------ Exceptions (26)
--------- Case Agents (3)
------ Co-onspirator and Accomplice Statements/Testimony (17)
------ Hearsay Evidence/Exceptions (11)
------ Statements - Out of Court (4)
------ Reliability of Evidence (3)
------ Statements Against Interest (13)
------ Declarant Unavailable Exception (17)
--------- Excited Utterance (3)
------ Records - Business/Foreign/Public, etc. (8)
------ Residual exception (4)
--- Summation (18)
------ Protecting Community Values (7)
--------- Prejudice (7)
--- Authencity/Authentication (2)
--- Gang Membership (16)
--- Impeachment (13)
--- Motive/Opportunity/Intent/Identity Evidence (19)
--- Prejudice - Potential for Undue (28)
--- Identification Evidence and Testimony (8)
--- Daubert Standards (32)
------ Fingerprint Evidence (10)
------ Reliability of Evidence/Testimony (3)
--------- Hand Printing (2)
------ Eyewitness Identification (2)
------ Ballistics Evidence (4)
--- Exclusionary Rule (29)
------ Attenuation Doctrine (3)
--- Character/Reputation/Propensity (28)
------ Sex Crimes (3)
------ Propensity Evidence (3)
------ Social Media (3)
--- Post-Complaint Evidence (6)
--- Evidence - Extrinsic (2)
--- Materiality (12)
--- Rape Shield Rule (4)
--- Civil Settlement - Effect of (6)
--- Hypnotically Refreshed Memory (2)
--- Best Evidence Rule (3)
--- Habit (2)
Sentences - Corrections or Modifications of (56)
--- Sentences - Authority to Modify (41)
--- Statement of Reasons (12)
--- Appellate Jurisdiction/Review (4)
Competency (8)
--- Collateral Order Exception (6)
Probation, Parole & Supervised Release (56)
--- Reimbursement of Costs (3)
--- Revocation Proceedings (19)
------ Guideline Amendment (8)
--------- Based on a sentencing range subsequently lowered by the Sentencing Commission (2)
--------- Type C Plea Agreement (3)
--- Right of Allocution (13)
--- Conditions of (15)
--- Special Parole (11)
Role in the Offense (55)
--- Aggravating Role (26)
--- Leader, Manager, Organizer (22)
------ Application Notes (2)
--- Otherwise Extensive (7)
Brady Rule violations (56)
--- Witnesses - Prior Statements/Testimony (14)
------ Failure to Disclose (9)
--- Perjury/Perjured Testimony (39)
--- Evidence - Failure to Disclose (9)
--- Constructive/Imputed/Presumed knowledge (2)
Implementing the Total Sentence (41)
--- Multiple/Multiplicious Counts (4)
--- Credits (24)
--- Undischarged Terms of Imprisonment (15)
Supervised Release - Conditions of (140)
--- Special Conditions (60)
------ Access to Computers/Internet (2)
------ Failure to Explain (5)
------ Medical Care/Treatment (8)
--------- Penile Plethysmograph Testing (3)
--- DNA Evidence/Testing (78)
------ Constitutional Challenges (60)
--------- DNA Analysis Backlog Elimination Act (3)
--------- Vagueness and Over-Breadth (3)
--------- Foreign Crimes/Conduct (4)
------ DNA Act (7)
--------- Pre-Trial Detainees (10)
------ Constitutional Right to DNA Testing (9)
--- Delegation of Authority (30)
--- Travel Restrictions (19)
--- Alcohol - Prohibition on use of (8)
--- Association - Right of (8)
--- Computer Use/Internet Access (5)
------ Relation to Offense of Conviction (5)
--- Occupational Restrictions (6)
Prosecutorial Misconduct (125)
--- Ex Parte and In Camera Communications (3)
--- Comments on Defendant's Silence (18)
--- New Trial - Motions for (4)
--- Outrageous Government Misconduct (9)
--- Plea Bargaining (4)
--- Evidence - Destruction/Fabrication/Manipulation of (12)
--- Criticism of Government (3)
--- Improper Comment (2)
--- Evidence/Lists - Failure to Produce (3)
--- Forum/Judge Shopping (6)
--- Selective Prosecution/Enforcement (18)
--- Gag Order (2)
--- Ethical Restraints (5)
--- Improper Comments (9)
--- Office of Professional Responsibility (OPR) (4)
Multiple Counts (93)
--- Concurrent and Consecutive Sentences (53)
--- Grouping (35)
--- Severance (9)
------ Bifurcation (3)
Scope/Standard of Review (70)
--- Plain Error (77)
------ Timeliness (4)
------ Statutory Maximum (4)
Fair Trial (29)
--- Verdicts (12)
------ Juror Misconduct Issues (9)
--------- Extrinsic Evidence (5)
--------- Dysfunctional Jury (2)
------ Communications with Jurors (4)
--- Invasion of Defense Camp (4)
--- Restraint of Defendant (9)
------ Shackles (3)
--- Presence of Defendant (5)
--- Courtroom Spectator Conduct (2)
Privileges (39)
--- Attorney/Client (31)
------ Crime Fraud Exception (3)
------ Joint Defense Agreement (4)
--- Marital Privilege (9)
--- Parent/Child Privilege (4)
Blakely/Booker (246)
--- Crack v. Powdered Cocaine (79)
------ Fair Sentencing Act of 2010 (22)
--------- Pre-Effective Date Crimes (6)
--------- Equal Protection (3)
--------- General Savings Statute (6)
------ Cocaine Base (2)
--------- Differences (2)
------ 2007 Crack Cocaine Amendments (5)
--------- Eligibility Under § 3582(c)(2) (5)
------ Reasonableness of Departure/Sentence (31)
--------- Rita v. U.S. (13)
--------- Post Booker (Non-Guidelines Sentences) (12)
--- Reasonableness of Sentence (68)
------ Below Guidelines Sentence (45)
--------- Factors To Be Considered (13)
--------- Post Gall/Kimbrough (10)
--------- Substantively Unreasonable (5)
--------- Law Enforcement Discount (3)
------ Within-Guidelines Sentence (10)
--------- Presumption of Reasonableness (8)
------ Standard[s] of Review (13)
--------- Interests of Justice (3)
------ Policy Considerations (28)
--------- Lack of Empirical Support for Guidelines Sentence (27)
------ Objections (5)
--------- Adequacy (5)
------ Crack Cocaine (3)
------ Child Pornography (7)
------ Recidivism (11)
--------- Failure to Consider (6)
------ Substantive Reasonableness (6)
------ Parsimony Principle or Clause (3)
------ Impermissible Factors (2)
--- Sentences - Adjustments and Departures (55)
------ Booker/Fanfan Issues (5)
--------- Post Sentence Rehabilitative Conduct (3)
--- Acquitted Conduct/Uncharged Crimes/Dismissed Counts (70)
------ Arrest Record (2)
------ Dismissed Counts (2)
--- Section 3553(a) Factors (12)
--- AIDs/HIV Issues (12)
Money Laundering/Structuring (68)
--- Jurisdiction (55)
------ Jurisdiction - Extraterritorial (5)
--- Money Transmitting Business (5)
--- Overreaching (5)
--- International Money Laundering (3)
------ Concealment (3)
Securities Fraud (18)
--- Insider Trading (5)
------ Gain Resulting from the Offense (2)
--- Misappropriation Liability/Theory (10)
--- Fraud/Fraud Offenses (5)
------ Telemarketing Fraud (3)
Drug Equivalency Tables (67)
--- Drug Quantity (70)
Statutes of Limitation and Laches (23)
--- Tolling of Statutes of Limitations and Laches (8)
--- Failure to Object/Late Objections (5)
--- Illegal Reentry (14)
------ Above Guidelines Sentence (3)
------ Fast Track Programs (5)
Federal Rules of Evidence (68)
--- Other Crimes/Bad Acts Evidence (73)
------ Sex Cases - Evidence of Similar Crimes and Acts (13)
------ Closeness in Time (5)
------ Modus Operandi Evidence (3)
--- Doctor/Patient Privilege (12)
------ Psychotherapist-Patient Privilege (7)
--- Admissions (5)
------ Admissiion of Guilt (3)
--------- Self-Incrimination Privilege (3)
--- Scientific Testimony or Evidence (46)
------ Polygraph Evidence/Testing (26)
------ Handwriting Analysis and Exemplars (10)
Hobbs Act (43)
--- Interstate Commerce - Effect on (38)
--- Venue - Generally (6)
--- Extortion (3)
------ Federal/State Jurisdictional Issues (3)
Safety Valve (91)
--- Disclosure Obligations (47)
--- Guideline Amendment/Variances and Retroactivity (27)
--- Who is the "Government"? (8)
Authority and Jurisdiction (56)
--- Sentences - Length/Severity of (24)
------ Disproportionality (5)
--- Restoration of Civil Rights (19)
--- Victims - Generally (20)
Drug Laws/Offenses (112)
--- Drug Mixtures/Purity (17)
--- Mandatory Minimums (49)
--------- Causation - Results From (2)
------ Felony Drug Offense (2)
--------- Statutory Interpretation (4)
------ Section 851 Enhancements (3)
--- Third Party Rights/Notification/Assistance (13)
--- Simple Possession/Personal Use versus Distribution (17)
--- Drug Courier or "Mule" status (12)
--- Proceeds of an Unlawful Activity (6)
Cross-Examination (25)
--- Witnesses - Examination of (19)
Self-Incrimination Clause (66)
--- Miranda (83)
------ Custodial Interrogations (8)
------ Edwards v. Arizona Rule (2)
------ Public Safety Exception (5)
------ In Custody (3)
------ Booking-Question Exception (2)
--- Kastigar Hearings/Issues (3)
------ Immunized Testimony (3)
Judicial Disqualification/Misconduct (57)
--- Remands/Rehearings/Resentencings (18)
--- Vindictive Prosecution/Sentencing (49)
------ Dismissal of Indictment (5)
--- Appearance of Justice/Impartiality (3)
Fourth Amendment (22)
--- Terry Stops (29)
------ Collective Knowledge Doctrine (4)
Plain/Harmless Error (48)
--- Structural Error (4)
--- Elements of Offense (40)
--- Failure to Instruct on Scienter Requirement (3)
--- Grounds for Relief (3)
------ Federal/State (2)
Fines (36)
--- Ability to Pay (36)
------ Inmate Financial Responsibility Program (IFRP) (5)
Grand Jury (30)
--- Disclosure - Improper or Wrongful (8)
--- Contempt (11)
--- Supervisory Powers (7)
Prisoners' Rights (109)
--- Prison Conditions (44)
------ Administrative Detention/Segregation (2)
------ Inadequate Health Care Facilities (7)
--------- Reduction of Prison Population (7)
--- Access To Courts (26)
------ Bivens Actions (11)
--------- Statute of Limitations (3)
------ Unpublished/Withdrawn/Redacted Decisions (9)
------ Right to Documents (3)
--- Prison Mail (22)
------ Ensign Amendment (3)
--- Religious Freedom/Worship (5)
------ Religious Land Use and Institutionalized Persons Act (RLUIPA) (3)
--- Civil Rights Violations (9)
--- Voting Rights (10)
------ Felon Disenfranchisement Statute (11)
--------- Constitutional Challenges/Claims (8)
--- Deliberate Indifference (14)
--- Fair Labor Standards Act (FLSA) (6)
--- Prison Regulations (7)
--- Detainers - Generally (2)
Prison Litigation Reform Act (PLRA) (68)
--- Consent Decrees - Termination of (44)
--- Fee Provisions (4)
--- In Forma Pauperis (5)
--- Mental and Emotional Conditions/Distress/Claims (8)
--- Imminent Danger Exception (2)
Discovery and Inspection (94)
--- Relevance (4)
------ Law Enforcement Privilege/Records (3)
--- Brady/Giglio/Jencks Act Issues (64)
------ Delay in Disclosure (2)
--- Foreign Countries (4)
------ Compelled Testimony (3)
--- Informer's Privilege (4)
--- Material Support to Terrorism (7)
------ Specially Designated Global Terrorist (SDGT) (4)
--------- Office of Foreign Assets Control (OFAC) (4)
--- Material to the Preparation of the Defense (3)
--- Classified Information Procedures Act (CIPA) (4)
--- Discovery - Lateness of (2)
--- Exculpatory Evidence - Disclosure Obligations (5)
--- Bill of Particulars (3)
Confessions and Statements of Defendant (76)
--- Plea Discussions/Immunized Testimony - Use of (29)
--- Voluntary Nature/Voluntariness (19)
--- Defense - Right to Present (10)
--- Treaty Rights (4)
------ Vienna Convention (21)
--------- Enforceable Rights/Remedies (20)
------ Geneva Convention Rights (3)
--------- Military Commissions Act (6)
------------ Suspension Clause (5)
--------------- Enemy Combatant Designation (4)
--- Bruton Error (12)
--- Delay/Lateness (6)
------ McNabb-Mallory's Exclusionary Rule (5)
--------- Impact of 18 USC § 3501(c) (3)
Trial (48)
--- Judicial Hostility (24)
------ Denial of Due Process (8)
--------- Convention Against Torture (2)
--- Factual Disputes/Findings (31)
--- Criminal Records (2)
Indictment/Information (73)
--- Pre-Indictment Delay (33)
--- Accessories and Accomplices (6)
--- Amendment/Variance (9)
--- Duplicity/Multiplicity (16)
--- Constructive Amendment/Variances (7)
------ Core of Criminality (2)
--- Surplusage (3)
Acceptance of Responsibility (47)
--- Relevant Conduct (49)
------ Same course of conduct or common scheme (18)
------ Uncharged Crimes and Acquitted Conduct (4)
--- Legal or Factual Challenges - assertion of (10)
--- Entrapment Defense - Effects of Asserting (10)
Wiretaps/Wiretap Evidence (18)
--- Evidence - Admissibility/Exclusion of (8)
--- Wiretap Applications (25)
------ Necessity (16)
------ Minimization of Scope of Wiretaps (8)
--- Franks Hearing (7)
Plea Agreements/Guilty Pleas (142)
--- Knowingly and Voluntarily Made (36)
--- Core Concerns (5)
--- Participation in plea discussions (11)
--- Withdrawal (60)
--- Offense of Conviction (5)
--- Authority to bind other Government agencies (4)
--- Proffer Agreements/Statements/Sessions (12)
--- Wired/Linked/Packaged Pleas (8)
--- Cooperation Agreements (2)
--- Acceptance/Rejection by the Court (3)
--- Alford plea (2)
Search in:
Articles (1)
1 result
U.S. v. Pleitez, No. 16-20570 (5th Cir.) (876 F.3d 150) (November 22, 2017) (Judge Edward C. Prado)
Article • February 12, 2018 •
from
P&J February, 2018
Filed under:
Punch And Jurists
,
Critical Stage
U.S. v. Pleitez, No. 16-20570 (5th Cir.) (876 F.3d 150) (November 22, 2017) (Judge Edward C. Prado) by