Search | Punch and Jurists

Dawson v. Delaware, No. 90-6704 (U.S. Supreme Court) (503 U.S. 159; 112 S.Ct. 1093) (March 9, 1992) (Justice Rehnquist)

Article • June 22, 2000

Filed under: Punch And Jurists, Gang Membership

Dawson v. Delaware, No. 90-6704 (U.S. Supreme Court) (503 U.S. 159; 112 S.Ct. 1093) (March 9, 1992) (Justice Rehnquist) by Case held that both the 1st and 14th Amendments prohibit the introduction in a capital sentencing hearing of the fact that the defendant was a member of an arganization called …

U.S. v. Abel, No. 83-935 (U.S. Supreme Court) (469 U.S. 45; 105 S.Ct. 465) (December 10, 1984) (Justice Rehnquist)

Article • April 14, 2000

Filed under: Punch And Jurists, Gang Membership

U.S. v. Abel, No. 83-935 (U.S. Supreme Court) (469 U.S. 45; 105 S.Ct. 465) (December 10, 1984) (Justice Rehnquist) by In this case, the Supreme Court held that gang affiliation evidence was admissible at trial when relevant to a material issue. The Court concluded that the evidence at issue here …

U.S. v. Takahashi, No. 98-10219 (9th Cir.) (205 F.3d 1161) (March 6, 2000) (Judge Ellsworth A. Van Graafeiland)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Takahashi, No. 98-10219 (9th Cir.) (205 F.3d 1161) (March 6, 2000) (Judge Ellsworth A. Van Graafeiland) by United States v. Hankey, 203 F.3d 1160 (9th Cir. 2000) (Judge Jones) United States v. Takahashi, 205 F.3d 1161 (9th Cir. 2000) (Judge Van Graafeiland) In both of these cases the …

U.S. v. Hankey, No. 98-50359 (9th Cir.) (203 F.3d 1160) (February 18, 2000) (Judge Robert E. Jones)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Hankey, No. 98-50359 (9th Cir.) (203 F.3d 1160) (February 18, 2000) (Judge Robert E. Jones) by United States v. Hankey, 203 F.3d 1160 (9th Cir. 2000) (Judge Jones) United States v. Takahashi, No. 98-10219 (9th Cir. 3/6/00) (Judge Van Graafeiland) In both of these cases the Ninth Circuit …

Gardner v. Barnett, No. 98-1314 (7th Cir.) (199 F.3d 915) (December 10, 1999) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Gang Membership

Gardner v. Barnett, No. 98-1314 (7th Cir.) (199 F.3d 915) (December 10, 1999) (Judge William J. Bauer) by In an earlier decision of this case (see P&J, 6/28/99), the Seventh Circuit held that the trial court’s decision to deny a continuance and refusal to ask at voir dire four out …

U.S. v. Matthews, No. 98-50055 (5th Cir.) (178 F.3d 295) (June 4, 1999) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Matthews, No. 98-50055 (5th Cir.) (178 F.3d 295) (June 4, 1999) (Judge John M. Jr. Duhé) by The defendant argued that the Supreme Court's decision in Jones v. U.S., 119 S.Ct. 1215 (1999) required the Government to prove the elements of § 521 by proof beyond a reasonable …

Gardner v. Barnett, No. 98-1314 (7th Cir.) (175 F.3d 580) (May 4, 1999) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Gang Membership

Gardner v. Barnett, No. 98-1314 (7th Cir.) (175 F.3d 580) (May 4, 1999) (Judge Richard D. Cudahy) by This case is noted for its discussion of two significant issues: when does a court's refusal to grant a defense request for a continuance constitute error of a constitutional magnitude; and when …

U.S. v. Garcia, No. 97-10377 (9th Cir.) (151 F.3d 1243) (August 25, 1998) (Judge Stephen Reinhardt)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Gang Membership

U.S. v. Garcia, No. 97-10377 (9th Cir.) (151 F.3d 1243) (August 25, 1998) (Judge Stephen Reinhardt) by As any criminal defense lawyer knows, the Government loves to win its cases with broad strokes of the paint brush that in reality are nothing more than a liberal coating of guilt by …

Mitchell v. Prunty, No. 94-55990 (9th Cir.) (107 F.3d 1337) (February 26, 1997) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Gang Membership

Mitchell v. Prunty, No. 94-55990 (9th Cir.) (107 F.3d 1337) (February 26, 1997) (Judge Alex Kozinski) by

U.S. v. Jobson, No. 95-1743 (6th Cir.) (102 F.3d 214) (December 10, 1997) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Jobson, No. 95-1743 (6th Cir.) (102 F.3d 214) (December 10, 1997) (Judge Cornelia G. Kennedy) by United States v. Jobson, 102 F.3d 214 (6th Cir. 1996) United States v. Myers, 102 F.3d 227 (6th Cir. 1996) Both of these cases deal with the scope of Rule 404(b) of …

U.S. v. Irvin, No. 95-2895 (7th Cir.) (87 F.3d 860) (June 20, 1996) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Irvin, No. 95-2895 (7th Cir.) (87 F.3d 860) (June 20, 1996) (Judge Joel L. Flaum) by This is one of those rare cases in which the conviction of one of two defendants (both of whom were charged with possession of drugs with intent to distribute) was reversed because …

U.S. v. Thomas, No. 95-1612 (7th Cir.) (86 F.3d 647) (May 31, 1996) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Thomas, No. 95-1612 (7th Cir.) (86 F.3d 647) (May 31, 1996) (Judge Joel L. Flaum) by This case reviews two common examples of how the Government obtains convictions by testing the limits of Rule 403 of the Fed.R.Evid. That Rule, at least in theory, prohibits the use of …

U.S. v. Thomas, No. 95-1612 (7th Cir.) (86 F.3d 647) (May 31, 1996) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Thomas, No. 95-1612 (7th Cir.) (86 F.3d 647) (May 31, 1996) (Judge Joel L. Flaum) by This case reviews two common examples of how the Government obtains convictions by testing the limits of Rule 403 of the Fed.R.Evid. That Rule, at least in theory, prohibits the use of …

U.S. v. Butler, No. 94-3656 (7th Cir.) (71 F.3d 243) (November 27, 1995) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Butler, No. 94-3656 (7th Cir.) (71 F.3d 243) (November 27, 1995) (Judge Joel L. Flaum) by The defendant in this case was charged with possession of a firearm as a convicted felon. He argues that because the possession charge was a strict liability crime, the only issue at …

U.S. v. Lloyd, No. 94-3665 (7th Cir.) (71 F.3d 1256) (December 5, 1995) (Judge John L. Coffey)

Article • January 1, 1995

Filed under: Punch And Jurists, Gang Membership

U.S. v. Lloyd, No. 94-3665 (7th Cir.) (71 F.3d 1256) (December 5, 1995) (Judge John L. Coffey) by The Seventh Circuit approves the use of evidence, under Rule 404(b), showing that the defendant was a member of a street gang and that he had been subject to two assassination attempts …

U.S. v. Santiago, No. 93-50375 (9th Cir.) (46 F.3d 885) (January 24, 1995) (Judge Dorothy Wright Nelson)

Article • January 1, 1995

Filed under: Punch And Jurists, Gang Membership

U.S. v. Santiago, No. 93-50375 (9th Cir.) (46 F.3d 885) (January 24, 1995) (Judge Dorothy Wright Nelson) by In a case dealing with Rule 404(b) [which is supposed to bar evidence of "other crimes" because of the prejudicial effect that such evidence will have on the jury], this case holds …