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U.S. v. Fell, No. 06-2882-cr (2nd Cir.) (531 F.3d 197) (June 27, 2008) (Judge Barrington D. Jr. Parker)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Fell, No. 06-2882-cr (2nd Cir.) (531 F.3d 197) (June 27, 2008) (Judge Barrington D. Jr. Parker) by [Editor's Note: For a commentary about this decision, see "Lethal Rejection," by Steve Statsinger, as posted on the Second Circuit Blog on July 13, 2008 at http://circuit2.blogspot.com/2008/07/lethal-rejection.html as follows: "Donald Fell …

U.S. v. Wilson, No. 04-CR-1016 (NGG) (E.D.N.Y.) (493 F.Supp.2d 526) (January 29, 2007) (Judge Nicholas G. Garaufis)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Wilson, No. 04-CR-1016 (NGG) (E.D.N.Y.) (493 F.Supp.2d 526) (January 29, 2007) (Judge Nicholas G. Garaufis) by U.S. v. Wilson, 483 F.Supp.2d 348 to 537 (E.D.N.Y. June 8, 2006 thru June 12, 2007) (Judge Garaufis) (Docket No. 04-CR-1016 (NGG)) [26 separate rulings] In a series of 26 separate rulings …

U.S. v. Sampson, No. 04-6001 (1st Cir.) (497 F.3d 55) (July 27, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Sampson, No. 04-6001 (1st Cir.) (497 F.3d 55) (July 27, 2007) (Per Curiam) by

U.S. v. Sampson, No. 04-6001 (1st Cir.) (486 F.3d 13) (May 7, 2007) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Sampson, No. 04-6001 (1st Cir.) (486 F.3d 13) (May 7, 2007) (Judge Bruce M. Selya) by Here the Court rejected a series of constitutional challenges to the Federal Death Penalty Act (18 U.S.C. § 3591 et seq.); and, for the first time in its history, approved the imposition …

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (372 F.Supp.2d 753) (April 7, 2005) (Judge William K. III Sessions)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (372 F.Supp.2d 753) (April 7, 2005) (Judge William K. III Sessions) by

U.S. v. Green, No. 05-1014 (1st Cir.) (407 F.3d 434) (May 12, 2005) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Separate Juries

U.S. v. Green, No. 05-1014 (1st Cir.) (407 F.3d 434) (May 12, 2005) (Judge Bruce M. Selya) by In this decision, the First Circuit reversed Judge Gertner's compelling landmark rulings in U.S. v. Green, 343 F.Supp.2d 23 (D.Mass. Nov. 3, 2004), P&J 10/11/04 (“Green I”) (Order Re: Bifurcation) and 348 …

U.S. v. Williams, No. 05-20080 (5th Cir.) (400 F.3d 277) (February 14, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Separate Juries

U.S. v. Williams, No. 05-20080 (5th Cir.) (400 F.3d 277) (February 14, 2005) (Per Curiam) by Adopting the logic and legal principles used by Judge Nancy Gertner in her brilliant landmark decision, U.S. v. Green, 343 F.Supp.2d 23 (D.Mass. 2004) (P&J, 10/11/04), Judge Vanessa Gilmore had previously ordered separate juries …

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (348 F.Supp.2d 1) (December 29, 2004) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Separate Juries

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (348 F.Supp.2d 1) (December 29, 2004) (Judge Nancy Gertner) by In this ruling, Judge Gertner set forth Additional Findings in Support of her previous Order (reported at 343 F.Supp.2d 23) in which she directed that there be two separate juries in this …

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (343 F.Supp.2d 23) (November 3, 2004) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Separate Juries

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (343 F.Supp.2d 23) (November 3, 2004) (Judge Nancy Gertner) by Here Judge Gertner issued a landmark ruling in which she directed that, if juries convict two alleged gang members of murder at their forthcoming trials, different juries must decide whether the men …

U.S. v. Fell, No. 02-1638 (2nd Cir.) (360 F.3d 135) (March 2, 2004) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Fell, No. 02-1638 (2nd Cir.) (360 F.3d 135) (March 2, 2004) (Judge John M. Jr. Walker) by Here the Court vacated Judge Sessions’ decision, previously reported at 217 F.Supp.2d 469 (D.Vt. 2002), in which he declared the Federal Death Penalty Act (18 U.S.C. § 3591-98) unconstitutional. The Circuit …

U.S. v. Sampson, No. Cr. 01-10384-MLW (D.Mass.) (275 F.Supp.2d 49) (August 11, 2003) (Judge Mark L. Wolf)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Sampson, No. Cr. 01-10384-MLW (D.Mass.) (275 F.Supp.2d 49) (August 11, 2003) (Judge Mark L. Wolf) by Defendant was charged with carjacking resulting in death. The United States Attorney General filed a notice of intention to seek the death penalty. Defendant moved to dismiss the death penalty charges and …

U.S. v. Haynes, No. CR. 01-20247-D (W.D.Tenn.) (269 F.Supp.2d 970) (May 5, 2003) (Judge Bernice B. Donald)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Haynes, No. CR. 01-20247-D (W.D.Tenn.) (269 F.Supp.2d 970) (May 5, 2003) (Judge Bernice B. Donald) by Here the Court rejected a broad series of constitutional challenges to the Federal Death Penalty Act; but see subsequent decision reported at 265 F.Supp.2d 914 where the Court granted some defense motions …

U.S. v. Haynes, No. CRIM.01-202470D (W.D.Tenn.) (265 F.Supp.2d 914) (May 15, 2003) (Judge Bernice B. Donald)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Haynes, No. CRIM.01-202470D (W.D.Tenn.) (265 F.Supp.2d 914) (May 15, 2003) (Judge Bernice B. Donald) by Here the Court granted the defendant's motion for a jury instruction that a sentence of death is never required under the Federal Death Penalty Act - even if the aggravating factors sufficiently outweigh …

U.S. v. Denis, No. 99-714-CR-MORENO (S.D.Fla.) (246 F.Supp.2d 1250) (December 3, 2002) (Judge Federico A. Moreno)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Denis, No. 99-714-CR-MORENO (S.D.Fla.) (246 F.Supp.2d 1250) (December 3, 2002) (Judge Federico A. Moreno) by Defendant moved to preclude the government from seeking the death penalty by filing a motion challenging the constitutionality of the Federal Death Penalty Act (FDPA), 18 U.S.C.S. §§ 3591-3598, and to strike the …

U.S. v. O'Driscoll, No. 4:CR-01-277 (M.D.Pa.) (250 F.Supp.2d 432) (July 8, 2002) (Judge Malcolm Muir)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. O'Driscoll, No. 4:CR-01-277 (M.D.Pa.) (250 F.Supp.2d 432) (July 8, 2002) (Judge Malcolm Muir) by The defendant in this case, Michael O’Driscoll, is currently serving a 325 year sentence at the U.S. Penitentiary in Allenwood, PA on a prior kidnapping conviction. On August 29, 2001, he was indicted on …

U.S. v. Matthews, No. 00-CR-269 (N.D.N.Y.) (246 F.Supp.2d 137) (December 31, 2002) (Judge Thomas J. McAvoy)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Matthews, No. 00-CR-269 (N.D.N.Y.) (246 F.Supp.2d 137) (December 31, 2002) (Judge Thomas J. McAvoy) by Defendants were indicted on various drug and firearm charges, murder in connection with drug trafficking, and participation in a racketeering influenced and corrupt organization. Defendants moved the court to (a) declare the death …

U.S. v. Lentz, No. CRIM.A.01-150-A (E.D.Va.) (225 F.Supp.2d 672) (August 22, 2002) (Judge Gerald Bruce Lee)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Lentz, No. CRIM.A.01-150-A (E.D.Va.) (225 F.Supp.2d 672) (August 22, 2002) (Judge Gerald Bruce Lee) by Defendant moved to dismiss the government's notice of intent to seek the death penalty, or, in the alternative, to strike the aggravating factors. Defendant also moved by way of a supplemental motion to …

U.S. v. Quinones, No. 02-1403(L) (2nd Cir.) (313 F.3d 49) (December 10, 2002) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Quinones, No. 02-1403(L) (2nd Cir.) (313 F.3d 49) (December 10, 2002) (Judge Jose A. Cabranes) by Earlier this year, Judge Rakoff of the S.D.N.Y. issued two landmark decisions in which he held that the Federal Death Penalty Act of 1994 (18 U.S.C. §§ 3591-3598) (FDPA) was facially unconstitutional. …

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (217 F.Supp.2d 469) (September 24, 2002) (Judge William K. III Sessions)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (217 F.Supp.2d 469) (September 24, 2002) (Judge William K. III Sessions) by In July, 2002, District Judge Rakoff of the S.D.N.Y. ruled that the Federal Death Penalty Act, 18 U.S.C. § 3591-98 (FDPA), was unconstitutional because the high likelihood that innocent persons might be …

U.S. v. Quinones, No. 00 CR 761 (JSR) (S.D.N.Y.) (196 F.Supp.2d 416) (April 25, 2002) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Quinones, No. 00 CR 761 (JSR) (S.D.N.Y.) (196 F.Supp.2d 416) (April 25, 2002) (Judge Jed S. Rakoff) by Here Judge Rakoff declared his tentative decision to grant defendants' motion to dismiss the death penalty aspects of this case on the ground that the Federal Death Penalty Act, 18 …