Search | Punch and Jurists

U.S. v. Mahaffy, No. 09-5349-cr(L) (2nd Cir.) (693 F.3d 113) (August 2, 2012) (Judge Barrington D. Jr. Parker)

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

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Mahaffy, No. 09-5349-cr(L) (2nd Cir.) (693 F.3d 113) (August 2, 2012) (Judge Barrington D. Jr. Parker) by Here the Court issued a stinging rebuke to Federal prosecutors for their failure to comply with their disclosure obligations under Brady v. Maryland, after concluding that “on multiple occasions" they had …

U.S. v. Hamad, No. 05-4196 (6th Cir.) (495 F.3d 241) (July 19, 2007) (Judge Jeffrey S. Sutton)

Article • September 1, 2007 • from P&J September, 2007

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Hamad, No. 05-4196 (6th Cir.) (495 F.3d 241) (July 19, 2007) (Judge Jeffrey S. Sutton) by Here the Court addressed a sentencing issue that is substantially unresolved - namely, what due process rights does a defendant have at sentencing; and the Court held that, at a minimum, he …

Stewart v. Erwin, No. 05-4635 (6th Cir.) (503 F.3d 488) (October 9, 2007) (Judge Gerald E. Rosen)

Article • September 1, 2007 • from P&J September, 2007

Filed under: Punch And Jurists, Evidence - Failure to Disclose

Stewart v. Erwin, No. 05-4635 (6th Cir.) (503 F.3d 488) (October 9, 2007) (Judge Gerald E. Rosen) by U.S. v. Hamad, 495 F.3d 241 (6th Cir. July 19, 2007) (Judge Sutton) Stewart v. Erwin, No. 05-4635 (6th Cir. Oct. 9, 2007) (Judge Rosen) Both of these decisions explore an increasingly …

Mataya v. Kingston, No. 02-2850 (7th Cir.) (371 F.3d 353) (June 3, 2004) (Judge Richard A. Posner)

Article • May 1, 2004 • from P&J May, 2004

Filed under: Punch And Jurists, Evidence - Failure to Disclose

Mataya v. Kingston, No. 02-2850 (7th Cir.) (371 F.3d 353) (June 3, 2004) (Judge Richard A. Posner) by In this case, the Seventh Circuit discovered a new way to excuse both material perjury by the Government’s main witness at trial and the Government’s impenitent failure to alert the court or …

U.S. v. Flemmi, No. CR 94-10287-MLW (D.Mass.) (195 F.Supp.2d 243) (August 30, 2001) (Judge Mark L. Wolf)

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

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Flemmi, No. CR 94-10287-MLW (D.Mass.) (195 F.Supp.2d 243) (August 30, 2001) (Judge Mark L. Wolf) by This Sentencing Memorandum is noted principally as the culmination of many key decisions in the long and shameful saga of the many efforts by the FBI, the Department of Justice and many …

U.S. v. Arnold, No. 93-4713 (11th Cir.) (117 F.3d 1308) (July 25, 1997) (Judge Joseph Woodrow Hatchett)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Arnold, No. 93-4713 (11th Cir.) (117 F.3d 1308) (July 25, 1997) (Judge Joseph Woodrow Hatchett) by Case held that the withholding of tapes of a defense witness's conversations, which contained impeachment evidence favorable to the defense, with an IRS agent violated the Brady rule.

U.S. v. Steinberg, No. 94-50542 (9th Cir.) (99 F.3d 1486) (October 30, 1996) (Judge Thomas G. Nelson)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Steinberg, No. 94-50542 (9th Cir.) (99 F.3d 1486) (October 30, 1996) (Judge Thomas G. Nelson) by This is one of those rare Brady violation cases in which the Court vacated a conviction and ordered a new trial because the Government withheld material evidence that its key witness was …

U.S. v. Steinberg, No. 94-50542 (9th Cir.) (99 F.3d 1486) (October 30, 1996) (Judge Thomas G. Nelson)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Steinberg, No. 94-50542 (9th Cir.) (99 F.3d 1486) (October 30, 1996) (Judge Thomas G. Nelson) by This is one of those rare Brady violation cases in which the Court vacated a conviction and ordered a new trial because the Government withheld material evidence that its key witness was …

U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes)

Article • January 1, 1996 • from P&J January, 1996

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes) by This is multi-issue case is noteworthy for its surprising and strong discussion of the use of conduct relating to acquitted crimes to increase a defendant's sentence. The Court observed: "We believe that …