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U.S. v. Truman, No. 11-784-cr (2nd Cir.) (688 F.3d 129) (July 25, 2012) (Judge Raymond J. Jr. Lohier)

Article • December 1, 2012

Filed under: Punch And Jurists, Fair Trial

U.S. v. Truman, No. 11-784-cr (2nd Cir.) (688 F.3d 129) (July 25, 2012) (Judge Raymond J. Jr. Lohier) by Following a conviction of defendant for arson, wire fraud, and use of fire in the commission of a felony by a jury, district court's judgment of acquittal and a conditional grant …

Wilson v. Rees, No. 09-6306 (6th Cir.) (624 F.3d 737) (October 14, 2010) (Per Curiam)

Article • January 10, 2011 • from P&J January, 2011

Filed under: Punch And Jurists, Fair Trial

Wilson v. Rees, No. 09-6306 (6th Cir.) (624 F.3d 737) (October 14, 2010) (Per Curiam) by In this capital case, 14 of the 15 active sitting judges on the Sixth Circuit voted against granting a rehearing en banc to review the death sentence imposed on Gregory Lee Wilson by a …

U.S. v. Goyal, No. 08-10436 (9th Cir.) (629 F.3d 912) (December 10, 2010) (Judge Richard R. Clifton)

Article • December 27, 2010 • from P&J December, 2010

Filed under: Punch And Jurists, Stretching The Law and the Evidewnce

U.S. v. Goyal, No. 08-10436 (9th Cir.) (629 F.3d 912) (December 10, 2010) (Judge Richard R. Clifton) by This case is particularly noted for Judge Kozinski’s memorable concurrence in which he blasted the prosecutor’s unmitigated arrogance in attempting to achieve a conviction by stretching the law and the evidence “as …

Musladin v. Lamarque, No. 03-16653 (9th Cir.) (555 F.3d 830) (February 12, 2009) (Judge Marsha L. Berzon)

Article • March 1, 2009 • from P&J March, 2009

Filed under: Punch And Jurists, Fair Trial

Musladin v. Lamarque, No. 03-16653 (9th Cir.) (555 F.3d 830) (February 12, 2009) (Judge Marsha L. Berzon) by The petitioner, Mathew Musladin, was convicted of first degree murder and, after pursuing his state court remedies without success, he appealed to the Federal courts for habeas relief. After his petition was …

Carey v. Musladin, No. 05-785 (U.S. Supreme Court) (549 U.S. 70; 127 S.Ct. 649) (December 11, 2006) (Justice Thomas)

Article • November 1, 2006 • from P&J November, 2006

Filed under: Punch And Jurists, Courtroom Spectator Conduct

Carey v. Musladin, No. 05-785 (U.S. Supreme Court) (549 U.S. 70; 127 S.Ct. 649) (December 11, 2006) (Justice Thomas) by The Court reversed a grant of habeas relief on the narrow grounds that the Supreme Court had never “clearly established” the law on whether spectator conduct (here wearing buttons bearing …

Musladin v. Lamarque, No. 03-16653 (9th Cir.) (427 F.3d 653) (October 21, 2005) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Courtroom Spectator Conduct

Musladin v. Lamarque, No. 03-16653 (9th Cir.) (427 F.3d 653) (October 21, 2005) (Judge Stephen Reinhardt) by Petitioner inmate appealed a denial by the United States District Court for the Northern District of California of his petition for a writ of habeas corpus contending that the buttons worn by the …

U.S. v. Honken, No. CR 01-3047-MWB (N.D.Iowa) (378 F.Supp.2d 1010) (July 21, 2005) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Restraint of Defendant

U.S. v. Honken, No. CR 01-3047-MWB (N.D.Iowa) (378 F.Supp.2d 1010) (July 21, 2005) (Judge Mark W. Bennett) by In a death penalty case, involving the alleged murder of five witnesses to defendant's drug-trafficking or other alleged criminal conduct, the government filed under seal a motion to have defendant wear a …

Weatherford v. Bursey, No. 75-1510 (U.S. Supreme Court) (429 U.S. 545; 97 S.Ct. 837) (February 22, 1977) (Justice White)

Article • September 21, 2003

Filed under: Punch And Jurists, Invasion of Defense Camp

Weatherford v. Bursey, No. 75-1510 (U.S. Supreme Court) (429 U.S. 545; 97 S.Ct. 837) (February 22, 1977) (Justice White) by The plaintiff in this case, Brett Bursey, sued Jack Weatherford, a law enforcement agent who had worked undercover on Bursey's criminal case, under 42 U.S.C. § 1983. Weatherford and Bursey …

Gonzalez v. Pliler, No. 02-55640 (9th Cir.) (341 F.3d 897) (August 26, 2003) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Restraint of Defendant

Gonzalez v. Pliler, No. 02-55640 (9th Cir.) (341 F.3d 897) (August 26, 2003) (Judge Sidney R. Thomas) by High at the top of the list of the most barbaric features of the American criminal justice system is the use of stun belts on criminal defendants at trial. Justified as a …

U.S. v. Gagnon, No. 84-690 (U.S. Supreme Court) (470 U.S. 522; 105 S.Ct. 1482) (March 18, 1985) (Per Curiam)

Article • June 5, 2003

Filed under: Punch And Jurists, Presence of Defendant

U.S. v. Gagnon, No. 84-690 (U.S. Supreme Court) (470 U.S. 522; 105 S.Ct. 1482) (March 18, 1985) (Per Curiam) by In this case, the Government appealed from the reversal of the convictions of four respondents who were convicted of cocaine distribution conspiracy and who then had those convictions reversed on …

U.S. v. Danielson, No. 01-30151 (9th Cir.) (325 F.3d 1054) (March 24, 2003) (Judge William A. Fletcher)

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

Filed under: Punch And Jurists, Invasion of Defense Camp

U.S. v. Danielson, No. 01-30151 (9th Cir.) (325 F.3d 1054) (March 24, 2003) (Judge William A. Fletcher) by The most honest measure of the criminal justice system is how it operates in the smallest and least consequential cases. If the Government acts with impunity in those cases, its incentive to …

Berger v. U.S., No. 544 (U.S. Supreme Court) (295 U.S. 78; 55 S.Ct. 629) (April 15, 2035) (Justice Sutherland)

Article • November 29, 2002

Filed under: Punch And Jurists, Fair Trial

Berger v. U.S., No. 544 (U.S. Supreme Court) (295 U.S. 78; 55 S.Ct. 629) (April 15, 2035) (Justice Sutherland) by The petitioner in this case was indicted in a federal district court charged with having conspired with other persons named in the indictment to utter counterfeit notes, with knowledge that …

U.S. v. Durham, No. 3:99CR3/RV (N.D.Fla.) (219 F.Supp.2d 1234) (August 29, 2002) (Judge Roger Vinson)

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

Filed under: Punch And Jurists, Restraint of Defendant

U.S. v. Durham, No. 3:99CR3/RV (N.D.Fla.) (219 F.Supp.2d 1234) (August 29, 2002) (Judge Roger Vinson) by Prior to this decision, the Eleventh Circuit reversed and vacated defendant's convictions for armed robbery based on its determination that the reasons for requiring defendant to wear a stun belt during the trial were …

Gagnon v. Scarpelli, No. 71-1225 (U.S. Supreme Court) (411 U.S. 778; 93 S.Ct. 1756) (May 14, 1973) (Justice Powell)

Article • July 26, 2002

Filed under: Punch And Jurists, Fair Trial

Gagnon v. Scarpelli, No. 71-1225 (U.S. Supreme Court) (411 U.S. 778; 93 S.Ct. 1756) (May 14, 1973) (Justice Powell) by The respondent inmate filed a petition for habeas corpus relief against petitioner state official after inmate's probation for armed robbery was revoked without a hearing and without benefit of counsel. …

U.S. v. Durham, No. 00-12276 (11th Cir.) (287 F.3d 1297) (April 4, 2002) (Judge Charles R. Wilson)

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

Filed under: Punch And Jurists, Restraint of Defendant

U.S. v. Durham, No. 00-12276 (11th Cir.) (287 F.3d 1297) (April 4, 2002) (Judge Charles R. Wilson) by This is an interesting case principally because it contains one of the most comprehensive judicial discussions that we have ever seen regarding the parameters that should apply to the Government’s use of …

Hawkins v. Comparet-Cassani, No. 99-55187 (9th Cir.) (251 F.3d 1230) (May 30, 2001) (Judge James R. Browning)

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

Filed under: Punch And Jurists, Restraint of Defendant

Hawkins v. Comparet-Cassani, No. 99-55187 (9th Cir.) (251 F.3d 1230) (May 30, 2001) (Judge James R. Browning) by Here the Court ruled that Sheriffs may use stun belts on criminal defendants at trial if the defendants present a risk to courtroom security, but not if a defendant is merely disruptive. …

Estelle v. Williams, No. 74-676 (U.S. Supreme Court) (425 U.S. 501; 96 S.Ct. 1691) (May 3, 1976) (Justice Burger)

Article • November 5, 2000

Filed under: Punch And Jurists, Prison Clothes

Estelle v. Williams, No. 74-676 (U.S. Supreme Court) (425 U.S. 501; 96 S.Ct. 1691) (May 3, 1976) (Justice Burger) by In this case, the Court established the principle that, generally, a criminal defendant "should not be compelled to go to trial in prison or jail clothing because of the possible …

Rogers v. U.S., No. 73-6336 (U.S. Supreme Court) (422 U.S. 35; 95 S.Ct. 2091) (June 17, 1975) (Justice Burger)

Article • September 15, 1999

Filed under: Punch And Jurists, Presence of Defendant

Rogers v. U.S., No. 73-6336 (U.S. Supreme Court) (422 U.S. 35; 95 S.Ct. 2091) (June 17, 1975) (Justice Burger) by In this case, approximately two hours later after the jury retired for deliberations, the jury sent a note, signed by the foreman, to the trial judge, inquiring whether the court …

U.S. v. Crites, No. 98-3632 (8th Cir.) (176 F.3d 1096) (May 20, 1999) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Presence of Defendant

U.S. v. Crites, No. 98-3632 (8th Cir.) (176 F.3d 1096) (May 20, 1999) (Judge George G. Fagg) by Here, joining a number of other Circuits, the Eighth Circuit held that a defendant was "voluntariliy absent" - so the trial could continue in his absence - when he attempted to commit …

U.S. v. Scheer, No. 96-4225 (11th Cir.) (168 F.3d 445) (February 25, 1999) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Fair Trial

U.S. v. Scheer, No. 96-4225 (11th Cir.) (168 F.3d 445) (February 25, 1999) (Judge Stanley F. Jr. Birch) by QUOTE OF THE WEEK - Getting convictions by striking "foul blows." "The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose …