Punch and Jurists

Musacchio v. U.S., No. 14-1095 (U.S. Supreme Court) (577 U.S. ___; 136 S.Ct. 709) (January 25, 2016) (Justice Thomas) by In this case, the Supreme Court addressed two separate questions arising from the parties’ failure to raise timely challenges. The Government failed to object to a jury instruction that erroneously …

Whitley v. Ercole, No. 10-3119-pr (2nd Cir.) (642 F.3d 278) (June 7, 2011) (Judge Debra Ann Livingston) by In a petition for habeas relief from defendant’s conviction for murder, judgment of the district granting relief on the basis of the trial court’s failure to inform jury that testimony provided by …

U.S. v. Sclafani, No. Crim. No. 97-405 (D.N.J.) (996 F.Supp. 400) (March 11, 1998) (Judge Stephen M. Orlofsky) by Case concluded that defendant had merely forfeited (rather than waived) objections to restitution order, which permitted court to vacate order on grounds that Magistrate had failed to make specific factual findings …

U.S. v. Thompson, No. 96-1390 (2nd Cir.) (113 F.3d 13) (May 7, 1997) (Judge Dennis G. Jacobs) by This case deals with two frequently litigated restitution issues. First, the Court emphatically affirmed that a failure to object to a restitutionary order is not a bar to appellate review "because improperly …

U.S. v. Cosgrove, No. 92-5078 (11th Cir.) (73 F.3d 297) (January 22, 1996) (Judge Emmett Ripley Cox) by In this case, three defendants pled guilty pursuant to cooperation agreements with the Government. At sentencing, the Government recommended sentences of 66, 84 and 60 months, reflecting the defendants' relative culpability and …