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U.S. v. Espinal, No. 10 Cr. 905 (S.D.N.Y.) (96 F.Supp.3d 53) (March 10, 2015) (Judge Denny Chin)
Article • December 14, 2015 • from P&J December, 2015
Filed under: Punch And Jurists, Pattern of Improper Conduct
U.S. v. Espinal, No. 10 Cr. 905 (S.D.N.Y.) (96 F.Supp.3d 53) (March 10, 2015) (Judge Denny Chin) by A long time ago, the great Judge Jerome Frank presciently warned the judiciary of the evils that flow from repeated and meaningless “ritualistic verbal spankings” of prosecutors who engage in misconduct in …
U.S. v. Frownfelter, No. 09-4211 (10th Cir.) (626 F.3d 549) (December 1, 2010) (Judge Carlos Lucero)
Article • July 25, 2011 • from P&J July, 2011
Filed under: Punch And Jurists, Frustration of Purpose Doctrine
U.S. v. Frownfelter, No. 09-4211 (10th Cir.) (626 F.3d 549) (December 1, 2010) (Judge Carlos Lucero) by During the period between February 2003 and October 2006, Douglas Frownfelter received some $24,596 in monthly adoption subsidy payments for a child that he and his former wife had adopted - but who …
U.S. v. McCourty, No. 07-3862-cr (2nd Cir.) (562 F.3d 458) (April 9, 2009) (Judge Roger J. Miner)
Article • May 1, 2009 • from P&J May, 2009
Filed under: Punch And Jurists, grand Jury Clause
U.S. v. McCourty, No. 07-3862-cr (2nd Cir.) (562 F.3d 458) (April 9, 2009) (Judge Roger J. Miner) by Conviction and sentence for drug crimes is affirmed and remanded where: 1) no constructive amendment resulted when the district court broke the single offense into two parts to be addressed by the …
U.S. v. Bailon-Cruz, No. CR. 04-CR-266-RB (D.Colo.) (351 F.Supp.2d 1131) (November 15, 2004) (Judge Robert E. Blackburn)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Punch And Jurists, Gilded Indictment
U.S. v. Bailon-Cruz, No. CR. 04-CR-266-RB (D.Colo.) (351 F.Supp.2d 1131) (November 15, 2004) (Judge Robert E. Blackburn) by Section 3161(b) of the Speedy Trial Act requires an indictment to be filed “within thirty days from the date on which [the defendant] was arrested or served with a summons in connection …
U.S. v. Leung, No. CR 03-434 FMC (C.D.Cal.) (351 F.Supp.2d 992) (January 6, 2005) (Judge Florence-Marie Cooper)
Article • December 1, 2004 • from P&J December, 2004
Filed under: Punch And Jurists, Dismissal
U.S. v. Leung, No. CR 03-434 FMC (C.D.Cal.) (351 F.Supp.2d 992) (January 6, 2005) (Judge Florence-Marie Cooper) by The defendant is Katrina Leung -- a Chinese born woman who had been working for the FBI while living in the U.S. Leung had worked with and had an affair with her …
U.S. v. Stewart, No. 03 CR. 717 (MGC) (S.D.N.Y.) (305 F.Supp.2d 368) (February 27, 2004) (Judge Miriam Goldman Cedarbaum)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Dismissal
U.S. v. Stewart, No. 03 CR. 717 (MGC) (S.D.N.Y.) (305 F.Supp.2d 368) (February 27, 2004) (Judge Miriam Goldman Cedarbaum) by Plaintiff government charged defendant and co-defendant with conspiracy, obstruction of an agency proceeding, and making false statements to government officials. Defendant was also charged with criminal securities fraud in violation …
McMillan v. Jarvis, No. 02-6266 (4th Cir.) (332 F.3d 244) (June 12, 2003) (Judge William B. Jr. Traxler)
Article • May 1, 2003 • from P&J May, 2003
Filed under: Punch And Jurists, Dismissal
McMillan v. Jarvis, No. 02-6266 (4th Cir.) (332 F.3d 244) (June 12, 2003) (Judge William B. Jr. Traxler) by Here the Court held that the notification requirement in Hill v. Braxton, 277 F.3d 701 (4th Cir. 2002), requiring a federal habeas court to notify a pro se petitioner that his …
U.S. v. Ramirez, No. 02-10731 (11th Cir.) (324 F.3d 1225) (March 18, 2003) (Per Curiam)
Article • April 1, 2003 • from P&J November, 2003
Filed under: Punch And Jurists, Dismissal
U.S. v. Ramirez, No. 02-10731 (11th Cir.) (324 F.3d 1225) (March 18, 2003) (Per Curiam) by The defendants in this case were charged with witness tampering. After opening statements, the defendants moved for a judgment of acquittal, asserting that the indictment failed to charge the necessary elements of first degree …
Rinaldi v. U.S., No. 76-6194 (U.S. Supreme Court) (434 U.S. 22; 98 S.Ct. 81) (November 7, 1977) (Per Curiam)
Article • October 14, 2000
Filed under: Punch And Jurists, Dismissal
Rinaldi v. U.S., No. 76-6194 (U.S. Supreme Court) (434 U.S. 22; 98 S.Ct. 81) (November 7, 1977) (Per Curiam) by In this case the Government filed a motion to dismiss the indictment pursuant to Fed Rule Crim Proc 48(a). Noting that the Rule requires "leave of court," the District Court …
U.S. v. Taylor, No. 87-573 (U.S. Supreme Court) (487 U.S. 326; 108 S.Ct. 2413) (June 24, 1988) (Justice Blackmun)
Article • June 26, 2000
Filed under: Punch And Jurists, Dismissal
U.S. v. Taylor, No. 87-573 (U.S. Supreme Court) (487 U.S. 326; 108 S.Ct. 2413) (June 24, 1988) (Justice Blackmun) by Under the provisions of 18 U.S.C. § 3162(a)(2), dismissal of an indictment is required for any violation of the Speedy Trial Act - and the only question for the courts …
U.S. v. Laden, No. S^ 98 CRIM. 1023 LBS (S.D.N.Y.) (91 F.Supp.2d 600) (March 30, 2000) (Judge Leonard B. Sand)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Dismissal
U.S. v. Laden, No. S^ 98 CRIM. 1023 LBS (S.D.N.Y.) (91 F.Supp.2d 600) (March 30, 2000) (Judge Leonard B. Sand) by In this multi-issue opinion, Judge Sand refused to dismiss the governing indictment of the terrorists accused of Embassy bombings on numerous grounds, including lack of proper venue, multiplicious charges, …
U.S. v. Goodson, No. 99-4262 (4th Cir.) (204 F.3d 508) (February 11, 2000) (Judge Paul V. Niemeyer)
Article • April 1, 2000 • from P&J April, 2000
Filed under: Punch And Jurists, Dismissal
U.S. v. Goodson, No. 99-4262 (4th Cir.) (204 F.3d 508) (February 11, 2000) (Judge Paul V. Niemeyer) by In this case, some two weeks before trial, the Government learned that one of its key witnesses would be on a pre-paid vacation in Europe on the date of the trial; and …
U.S. v. Martinez, No. CR.92-172-02 (WGB) (D.N.J.) (75 F.Supp.2d 360) (November 12, 1999) (Judge William G. Bassler)
Article • January 1, 2000 • from P&J January, 2000
Filed under: Punch And Jurists, Dismissal
U.S. v. Martinez, No. CR.92-172-02 (WGB) (D.N.J.) (75 F.Supp.2d 360) (November 12, 1999) (Judge William G. Bassler) by In holding that a 270-day violation of the Speedy Trial Act mandated a dismissal of the defendant's indictment with prejudice, the Court noted that the Government argued that the delays were due …
Bank of Nova Scotia v. U.S., No. 87-578 (U.S. Supreme Court) (487 U.S. 250; 108 S.Ct. 2369) (June 22, 1988) (Justice Kennedy)
Article • August 8, 1999
Filed under: Punch And Jurists, Dismissal
Bank of Nova Scotia v. U.S., No. 87-578 (U.S. Supreme Court) (487 U.S. 250; 108 S.Ct. 2369) (June 22, 1988) (Justice Kennedy) by The Court held that an indictment may be quashed on the basis of prosecutorial misconduct, but only where the Government's misdeeds "substantially influenced the grand jury's decision …
U.S. v. Brown, No. 97-2295 (6th Cir.) (169 F.3d 344) (February 26, 1999) (Judge Eric L. Clay)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Dismissal
U.S. v. Brown, No. 97-2295 (6th Cir.) (169 F.3d 344) (February 26, 1999) (Judge Eric L. Clay) by This is one of those rare cases in which the Sixth Circuit upheld a district court’s dismissal, with prejudice, of an indictment on the grounds of a Speedy Trial violation. As can …
U.S. v. Derrick, No. 97-4230 (4th Cir.) (163 F.3d 799) (November 23, 1998) (Judge J. Michael Luttig)
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists, Dismissal
U.S. v. Derrick, No. 97-4230 (4th Cir.) (163 F.3d 799) (November 23, 1998) (Judge J. Michael Luttig) by The facts of this horrendous case are outlined in Judge Hawkin's lengthy and detailed decision, U.S. v. Taylor, 956 F.Supp. 622 (1997) - where he found prolonged, deliberate and bad-faith Governmental misconduct …
U.S. v. Lin Lyn Trading, Ltd., No. 96-4126 (D.Utah) (149 F.3d 1112) (July 6, 1998) (Judge David M. Ebel)
Article • September 1, 1998 • from P&J September, 1998
Filed under: Punch And Jurists, Dismissal
U.S. v. Lin Lyn Trading, Ltd., No. 96-4126 (D.Utah) (149 F.3d 1112) (July 6, 1998) (Judge David M. Ebel) by Court reversed district court's dismissal of indictment as overly harsh, based on the Government's invasion of defendant's Sixth Amendment right to counsel - finding lack of sufficient prejudice.
U.S. v. Knowles, No. 98-CR-10 (E.D.Wisc.) (2 F.Supp.2d 1135) (April 15, 1998) (Judge Lynn S. Adelman)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Dismissal
U.S. v. Knowles, No. 98-CR-10 (E.D.Wisc.) (2 F.Supp.2d 1135) (April 15, 1998) (Judge Lynn S. Adelman) by Court granted motion to dismiss indictment on grounds that it was too imprecise to enable defendant to adequately prepare a defense.
U.S. v. Coleman, No. CRIM.A 96-10047-11-REK (D.Mass.) (995 F.Supp. 213) (February 2, 1998) (Judge Robert E. Keeton)
Article • June 1, 1998 • from P&J June, 1998
Filed under: Punch And Jurists, Dismissal
U.S. v. Coleman, No. CRIM.A 96-10047-11-REK (D.Mass.) (995 F.Supp. 213) (February 2, 1998) (Judge Robert E. Keeton) by Court rejected a motion to dismiss an indictment based on allegations that the prosecutor had, knowingly, negligently and with reckless disregard for the truth, presented false evidence to the grand jury. In …
U.S. v. Palomares, No. 96-3587 (7th Cir.) (119 F.3d 556) (July 16, 1997) (Judge Harlington Jr. Wood)
Article • September 1, 1997 • from P&J September, 1997
Filed under: Punch And Jurists, Dismissal
U.S. v. Palomares, No. 96-3587 (7th Cir.) (119 F.3d 556) (July 16, 1997) (Judge Harlington Jr. Wood) by Here the Court agreed that the basic purpose of Rule 48(a) was "to check the common law power of prosecutors to enter a nolle prosequi before jeopardy attaches and then proceed to …
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