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U.S. v. Barnes, No. 16-30203 (9th Cir.) (895 F.3d 1194) (July 19, 2018) (Judge Richard A. Paez)
Article • July 16, 2018 • from P&J July, 2018
Filed under: Punch And Jurists, Necessity Defense
U.S. v. Barnes, No. 16-30203 (9th Cir.) (895 F.3d 1194) (July 19, 2018) (Judge Richard A. Paez) by One of the several issues addressed in this case was the criteria for presenting a “necessity” defense in a trial for unlawful possession of a firearm by a felon in violation of …
U.S. v. Lindsey, No. 14-10004 (9th Cir.) (850 F.3d 1009) (February 27, 2017) (Judge Ronald M. Gould)
Article • May 15, 2017 • from P&J May, 2017
Filed under: Punch And Jurists, Lender Negligence
U.S. v. Lindsey, No. 14-10004 (9th Cir.) (850 F.3d 1009) (February 27, 2017) (Judge Ronald M. Gould) by In this mortgage fraud case, the Court held that that lender negligence is not admissible as a defense in a case of criminal mortgage fraud and the defendant was not thereby denied …
Crane v. Kentucky, No. 85-5238 (U.S. Supreme Court) (476 U.S. 683; 106 S.Ct. 2142) (June 9, 1986) (Justice O'Connor)
Article • July 21, 2005
Filed under: Punch And Jurists, Defense - Right to Present
Crane v. Kentucky, No. 85-5238 (U.S. Supreme Court) (476 U.S. 683; 106 S.Ct. 2142) (June 9, 1986) (Justice O'Connor) by In this case, the trial court had conducted a pretrial hearing and determined that the petitioner's confession was given voluntarily. Subsequently at trial, the petitioner sought to introduce testimony about …
U.S. v. Gurolla, No. 99-50657 (9th Cir.) (333 F.3d 944) (June 23, 2003) (Judge Stephen Reinhardt)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Defense - Right to Present
U.S. v. Gurolla, No. 99-50657 (9th Cir.) (333 F.3d 944) (June 23, 2003) (Judge Stephen Reinhardt) by In this case, three defendants sought review of a judgment from the District Court, which convicted them upon a jury verdict of money laundering and which resulted in sentences of 87, 121, and …
Montana v. Egelhoff, No. 95-566 (U.S. Supreme Court) (518 U.S. 37; 116 S.Ct. 2013) (June 13, 1996) (Justice Scalia)
Article • April 9, 2003
Filed under: Punch And Jurists, Defense - Right to Present
Montana v. Egelhoff, No. 95-566 (U.S. Supreme Court) (518 U.S. 37; 116 S.Ct. 2013) (June 13, 1996) (Justice Scalia) by In this case the Supreme Court was faced with the issue of the admissibility of voluntary intoxication evidence under Montana’s “deliberate homicide” statute. The opinion was issued by a four-person …
Rock v. Arkansas, No. 86-130 (U.S. Supreme Court) (483 U.S. 44; 107 S.Ct. 2704) (June 22, 1987) (Justice Blackmun)
Article • April 8, 2003
Filed under: Punch And Jurists, Defense - Right to Present
Rock v. Arkansas, No. 86-130 (U.S. Supreme Court) (483 U.S. 44; 107 S.Ct. 2704) (June 22, 1987) (Justice Blackmun) by In this case, the petitioner was charged with manslaughter in the shooting death of her husband. Unable to remember the precise details of the shooting, the petitioner underwent hypnosis twice. …
Chambers v. Mississippi, No. 71-5908 (U.S. Supreme Court) (410 U.S. 284; 93 S.Ct. 1038) (February 21, 1973) (Justice Powell)
Article • April 8, 2003
Filed under: Punch And Jurists, Defense - Right to Present
Chambers v. Mississippi, No. 71-5908 (U.S. Supreme Court) (410 U.S. 284; 93 S.Ct. 1038) (February 21, 1973) (Justice Powell) by In this case the strict application of certain Mississippi rules of evidence thwarted the petitioner's attempts to present his version of the facts during his murder trial. Based on the …
Washington v. Texas, No. 649 (U.S. Supreme Court) (388 U.S. 14; 87 S.Ct. 1920) (June 12, 2067) (Justice Warren)
Article • April 8, 2003
Filed under: Punch And Jurists, Defense - Right to Present
Washington v. Texas, No. 649 (U.S. Supreme Court) (388 U.S. 14; 87 S.Ct. 1920) (June 12, 2067) (Justice Warren) by At issue in this case was a Texas procedural rule that barred persons charged or convicted as coparticipants in the same crime from testifying on behalf of each other, although …
Morgan v. Krenke, No. 96-C-1176 (E.D.Wisc.) (72 F.Supp.2d 980) (November 9, 1999) (Judge Lynn S. Adelman)
Article • January 1, 2000 • from P&J January, 2000
Filed under: Punch And Jurists, Defense - Right to Present
Morgan v. Krenke, No. 96-C-1176 (E.D.Wisc.) (72 F.Supp.2d 980) (November 9, 1999) (Judge Lynn S. Adelman) by In this case Judge Adelman granted a writ of habeas corpus to a petitioner who had been denied the right to present expert psychiatric testimony regarding a post-traumatic stress disorder, which denied her …
U.S. v. Gomez, No. 94-10520 (9th Cir.) (92 F.3d 770) (April 11, 1996) (Judge Alex Kozinski)
Article • May 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Defense - Right to Present
U.S. v. Gomez, No. 94-10520 (9th Cir.) (92 F.3d 770) (April 11, 1996) (Judge Alex Kozinski) by Here, blasting the Government's "fictive imagination", the Court held that the district court had erred in denying the defendant the right to present to the jury his defense of duress to explain why …