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U.S. v. Brown, No. 16-1603 (7th Cir.) (871 F.3d 532) (September 8, 2017) (Judge Diane S. Sykes)

Article • November 20, 2017 • from P&J November, 2017

Filed under: Punch And Jurists, Expert and Opinion Evidence/Testimony

U.S. v. Brown, No. 16-1603 (7th Cir.) (871 F.3d 532) (September 8, 2017) (Judge Diane S. Sykes) by Here the Court affirmed the denial of expert testimony to the effect that the defendant police officer's beating of a suspect was "consistent with departmental standards," stating it was improper opinion testimony …

Davila v. Davis, No. 16-6219 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 2058) (June 26, 2017) (Justice Thomas)

Article • July 10, 2017 • from P&J July, 2017

Filed under: Punch And Jurists, State Court Proceedings

Davila v. Davis, No. 16-6219 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 2058) (June 26, 2017) (Justice Thomas) by This is the third Texas death penalty case decided by the Supreme Court during its 2016-2017 Term; and this case was the first time that the Court sided with the …

McCoy v. U.S., No. 11-3457 (2nd Cir.) (707 F.3d 184) (January 30, 2012) (Per Curiam)

Article • December 1, 2013

Filed under: Punch And Jurists, Effective Assistance of Counsel

McCoy v. U.S., No. 11-3457 (2nd Cir.) (707 F.3d 184) (January 30, 2012) (Per Curiam) by Petition for writ of habeas corpus and appeal were properly denied, where: 1) petitioner's trial counsel's performance was not constitutionally defective for failing to challenge a second offender notice filed by the government because …

Hawthorne v. Schneiderman, No. 10-4324-pr (2nd Cir.) (695 F.3d 192) (August 20, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Effective Assistance of Counsel

Hawthorne v. Schneiderman, No. 10-4324-pr (2nd Cir.) (695 F.3d 192) (August 20, 2012) (Per Curiam) by District court's denial of defendant's request for habeas relief from his conviction for criminal possession of a weapon and assault, is affirmed, where: 1) defendant was not prejudiced by Huntley counsel's alleged ineffectiveness; and …

U.S. v. Owens, No. 10-15877 (11th Cir.) (682 F.3d 1358) (June 8, 2012) (Per Curiam)

Article • August 20, 2012 • from P&J August, 2012

Filed under: Punch And Jurists, Expert and Opinion Evidence/Testimony

U.S. v. Owens, No. 10-15877 (11th Cir.) (682 F.3d 1358) (June 8, 2012) (Per Curiam) by Despite the Supreme Court’s recent refusal to establish a new rule requiring courts to evaluate eyewitness evidence made in a suggestive setting before it is submitted to the jury (see, Perry v. New Hampshire, …

Lafler v. Cooper, No. 10-209 (U.S. Supreme Court) (566 U.S. 156; 132 S.Ct. 1376) (March 21, 2012) (Justice Kennedy)

Article • April 2, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Effective Assistance of Counsel

Lafler v. Cooper, No. 10-209 (U.S. Supreme Court) (566 U.S. 156; 132 S.Ct. 1376) (March 21, 2012) (Justice Kennedy) by In this, and its companion case, Missouri v. Frye, the Court held, by a 5-4 vote, that criminal defendants have a constitutional right to effective assistance of counsel during plea …

U.S. v. Lopez, No. 06-3730-cr (2nd Cir.) (547 F.3d 364) (November 10, 2008) (Judge Pierre N. Leval)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Expert and Opinion Evidence/Testimony

U.S. v. Lopez, No. 06-3730-cr (2nd Cir.) (547 F.3d 364) (November 10, 2008) (Judge Pierre N. Leval) by Conviction for possession of cocaine with intent to distribute and possession of two firearms in furtherance of a drug trafficking crime is affirmed where: 1) the district court did not err in …

U.S. v. Wexler, No. 06-1571-cr (2nd Cir.) (522 F.3d 194) (April 3, 2008) (Judge Roger J. Miner)

Article • May 1, 2008 • from P&J May, 2008

Filed under: Punch And Jurists, Expert and Opinion Evidence/Testimony

U.S. v. Wexler, No. 06-1571-cr (2nd Cir.) (522 F.3d 194) (April 3, 2008) (Judge Roger J. Miner) by Conviction and sentence for various offenses involving the distribution of controlled substances and health care fraud related to defendant's medical practices is reversed and remanded in part where: 1) under the buyer-seller …

Summerlin v. Schriro, No. 98-99002 (9th Cir.) (427 F.3d 623) (October 17, 2005) (Judge Sidney R. Thomas)

Article • November 1, 2005 • from P&J November, 2005

Filed under: Punch And Jurists, Effective Assistance of Counsel

Summerlin v. Schriro, No. 98-99002 (9th Cir.) (427 F.3d 623) (October 17, 2005) (Judge Sidney R. Thomas) by The petitioner inmate sought and was denied a writ of habeas corpus under 28 U.S.C. § 2254, challenging his murder conviction and death sentence. After reversing a decision of the court vacating …

Miranda v. Clark County, No. 00-15734 (9th Cir.) (319 F.3d 465) (February 3, 2003) (Judge Mary M. Schroeder)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Miranda v. Clark County, No. 00-15734 (9th Cir.) (319 F.3d 465) (February 3, 2003) (Judge Mary M. Schroeder) by In a decision with potential far-reaching impact, a divided en banc court held that the public defender's office may be held accountable for damages under § 1983 for policies that lead …

Miranda v. Clark County, No. 00-15734 (9th Cir.) (279 F.3d 1102) (February 8, 2002) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Miranda v. Clark County, No. 00-15734 (9th Cir.) (279 F.3d 1102) (February 8, 2002) (Judge Stephen S. Trott) by In a decision that was subsequently reversed by a divided en banc court, the panel held that an indigent defendant may not resort to a civil rights suit under 42 USC …

Purdy v. Zeldes, No. 2:00-CV-390 (D.Vt.) (166 F.3d 935) (September 21, 2001) (Judge William K. III Sessions)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Purdy v. Zeldes, No. 2:00-CV-390 (D.Vt.) (166 F.3d 935) (September 21, 2001) (Judge William K. III Sessions) by The plaintiff in this case, John M. Purdy, sued his criminal defense attorney, Jacob D. Zeldes, for malpractice, breach of fiduciary duty, and misrepresentation arising from Zeldes’ alleged inadequate representation of Purdy …

Avery v. Alabama, No. 124 (U.S. Supreme Court) (308 U.S. 444; 60 S.Ct. 321) (January 2, 2040) (Justice Black)

Article • July 10, 2001

Filed under: Punch And Jurists, Effective Assistance of Counsel

Avery v. Alabama, No. 124 (U.S. Supreme Court) (308 U.S. 444; 60 S.Ct. 321) (January 2, 2040) (Justice Black) by Here the Court held that counsel was not presumed ineffective when given only 3 days to prepare for a capital case because the needed witnesses and evidence easily were accessible …

U.S. v. Basalo, No. 00-10457 (9th Cir.) (258 F.3d 945) (August 2, 2001) (Judge J. Clifford Wallace)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Basalo, No. 00-10457 (9th Cir.) (258 F.3d 945) (August 2, 2001) (Judge J. Clifford Wallace) by In this case, the Ninth Circuit rejected as improper an eight-level downward departure that had been granted by District Judge Walker of the N.D.Cal. to a defendant in a drug case on …

U.S. v. Basalo, No. CR-96-0074-VRW (N.D.Cal.) (109 F.Supp.2d 1219) (August 29, 2000) (Judge Vaughn R. Walker)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Basalo, No. CR-96-0074-VRW (N.D.Cal.) (109 F.Supp.2d 1219) (August 29, 2000) (Judge Vaughn R. Walker) by Here the Court approved a significant eight-level departure to a defendant convicted of drug crimes in part due to the failure of the Government to disclose potential impeachment material and in part due …

U.S. v. Duran-Benitez, No. 97-CR-974 (DGT) (E.D.N.Y.) (110 F.Supp.2d 133) (August 30, 2000) (Judge David G. Trager)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Duran-Benitez, No. 97-CR-974 (DGT) (E.D.N.Y.) (110 F.Supp.2d 133) (August 30, 2000) (Judge David G. Trager) by After the defendant in this drug case, Jaime Duran-Benitez (Duran) pled guilty to possession of heroin with intent to distribute, he sought a “significant” downward departure under U.S.S.G. § 5K2.0 on the …

Chandler v. U.S., No. 97-6365 (11th Cir.) (218 F.3d 1305) (July 21, 2000) (Judge James Larry Edmondson)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Effective Assistance of Counsel

Chandler v. U.S., No. 97-6365 (11th Cir.) (218 F.3d 1305) (July 21, 2000) (Judge James Larry Edmondson) by Here the en banc court engaged in a contentious debate about whether defense counsel was guilty of ineffective assistance of counsel based on his 24-hour investigation into the sentencing phase of the …

U.S. v. Carmichael, No. 99-1119 (2nd Cir.) (216 F.3d 224) (June 15, 2000) (Judge Ralph K. Jr. Winter)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Carmichael, No. 99-1119 (2nd Cir.) (216 F.3d 224) (June 15, 2000) (Judge Ralph K. Jr. Winter) by Here the Second Circuit again affirmed its rule that ineffective assistance of counsel is not a proper basis for a downward departure at sentencing, and instead held that the issue should …

U.S. v. Fernandez, No. 98 CR 961 JSM (S.D.N.Y.) (2000 WL 534449) (May 3, 2000) (Judge John S. Jr. Martin)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Fernandez, No. 98 CR 961 JSM (S.D.N.Y.) (2000 WL 534449) (May 3, 2000) (Judge John S. Jr. Martin) by In his typical fashion, District Judge Martin of New York started this evocative decision with a bang. He wrote: “The adoption of the Sentencing Guidelines has substantially changed the …

Burdine v. Johnson, No. CIV. A. H-94-4190 (S.D.Tex.) (66 F.Supp.2d 854) (September 29, 1999) (Judge David Hittner)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Burdine v. Johnson, No. CIV. A. H-94-4190 (S.D.Tex.) (66 F.Supp.2d 854) (September 29, 1999) (Judge David Hittner) by The petitioner in this capital case moved for writ of habeas corpus on the grounds that his attorney, Joe Frank Cannon, had slept through substantial portions of his trial. Numerous witnesses (jurors …