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U.S. v. Rios, No. 14-2495 (6th Cir.) (830 F.3d 403) (July 21, 2016) (Judge Karen Nelson Moore)

Article • August 1, 2016 • from P&J August, 2016

Filed under: Punch And Jurists, Harmless Error

U.S. v. Rios, No. 14-2495 (6th Cir.) (830 F.3d 403) (July 21, 2016) (Judge Karen Nelson Moore) by The Government loves to prosecute cases that involve multiple defendants who are alleged to be members of an organized criminal gang. It can easily work on the weakest defendants and get them …

Davis v. Ayala, No. 13-1428 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 1428) (June 18, 2015) (Justice Alito)

Article • June 29, 2015 • from P&J July, 2015

Filed under: Punch And Jurists, Exclusion of Counsel

Davis v. Ayala, No. 13-1428 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 1428) (June 18, 2015) (Justice Alito) by In this case, the Supreme Court split 5 to 4 on the question of AEDPA deference to state-court harmless-error determinations. During jury selection in his triple-murder trial, Hector Ayala, who …

U.S. v. Davila, No. 12-167 (U.S. Supreme Court) (569 U.S. 597; 133 S.Ct. 2139) (June 13, 2013) (Justice Ginsburg)

Article • July 1, 2013 • from P&J July, 2013

Filed under: Punch And Jurists, Harmless Error

U.S. v. Davila, No. 12-167 (U.S. Supreme Court) (569 U.S. 597; 133 S.Ct. 2139) (June 13, 2013) (Justice Ginsburg) by This decision involved the interrelationship of two provisions of Rule 11 of the Fed.R.Crim.P., which governs guilty pleas. Rule 11(c)(1) states that “[t]he court must not participate in [plea] discussions.” …

U.S. v. Boros, No. 10-2566 (7th Cir.) (668 F.3d 901) (February 9, 2012) (Judge Joel L. Flaum)

Article • April 16, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Harmless Error

U.S. v. Boros, No. 10-2566 (7th Cir.) (668 F.3d 901) (February 9, 2012) (Judge Joel L. Flaum) by Ricky Boros and several co-defendants were indicted on various charges relating to their ownership and operation of an Internet pharmacy business known as Purchase Meds, Inc. (herein “PMeds”), including conspiracy to import …

U.S. v. Aguilar-Vera, No. 10-10333 (9th Cir.) (698 F.3d 1196) (October 29, 2012) (Judge Carlos T. Bea)

Article • January 9, 2012 • from P&J January, 2013

Filed under: Punch And Jurists, Harmless Error

U.S. v. Aguilar-Vera, No. 10-10333 (9th Cir.) (698 F.3d 1196) (October 29, 2012) (Judge Carlos T. Bea) by This is another flawed and depressing decision about the rights of illegal immigrants who are prosecuted en masse in the state of Arizona. In this case Gilbert Arguilar-Vera was arrested in Arizona …

Rivera v. Illinois, No. 07-9995 (U.S. Supreme Court) (556 U.S. 148; 129 S.Ct. 1446) (March 31, 2009) (Justice Ginsburg)

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

Filed under: Punch And Jurists, Harmless Error

Rivera v. Illinois, No. 07-9995 (U.S. Supreme Court) (556 U.S. 148; 129 S.Ct. 1446) (March 31, 2009) (Justice Ginsburg) by Here a unanimous Supreme Court held that the Due Process Clause does not require the automatic reversal of a murder conviction simply because of the trial court's good-faith error in …

U.S. v. Morris, No. 05-4679 (7th Cir.) (498 F.3d 634) (August 20, 2007) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Harmless Error

U.S. v. Morris, No. 05-4679 (7th Cir.) (498 F.3d 634) (August 20, 2007) (Judge Diane P. Wood) by Here the Court held that, even though the prosecutor had unquestionably engaged in prosecutorial misconduct by incorrectly suggesting that a cooperating witness would get no less than a 10 year sentence for …

Washington v. Recuenco, No. 05-83 (U.S. Supreme Court) (548 U.S. 212; 126 S.Ct. 2546) (June 26, 2006) (Justice Thomas)

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

Filed under: Punch And Jurists, Harmless Error

Washington v. Recuenco, No. 05-83 (U.S. Supreme Court) (548 U.S. 212; 126 S.Ct. 2546) (June 26, 2006) (Justice Thomas) by In Apprendi v. New Jersey, 530 U. S. 466, 490 (2000), the Supreme Court announced a relatively simple and straightforward rule - namely that "any fact that increases the penalty …

U.S. v. Glover, No. 04-16745 (11th Cir.) (431 F.3d 744) (November 29, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Harmless Error

U.S. v. Glover, No. 04-16745 (11th Cir.) (431 F.3d 744) (November 29, 2005) (Per Curiam) by

U.S. v. Lake, No. 04-3238-cr (2nd Cir.) (419 F.3d 111) (August 15, 2005) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Harmless Error

U.S. v. Lake, No. 04-3238-cr (2nd Cir.) (419 F.3d 111) (August 15, 2005) (Judge Jon O. Newman) by In this case, the Court explored when the mandatory application of the Sentencing Guidelines constitutes harmless error. It stated: "Once the Supreme Court fundamentally altered federal sentencing procedures by ruling in Booker …

U.S. v. Jordan, No. 00-10233 (9th Cir.) (291 F.3d 1091) (May 30, 2002) (Judge Ronald M. Gould)

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

Filed under: Punch And Jurists, Harmless Error

U.S. v. Jordan, No. 00-10233 (9th Cir.) (291 F.3d 1091) (May 30, 2002) (Judge Ronald M. Gould) by The instant case is significant because it is one of the first cases we have seen to address an important question arising out of the Supreme Court's decision in Apprendi v. New …

U.S. v. Hermanek, No. 99-10092 (9th Cir.) (289 F.3d 1076) (May 15, 2002) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists, Harmless Error

U.S. v. Hermanek, No. 99-10092 (9th Cir.) (289 F.3d 1076) (May 15, 2002) (Judge Raymond C. Fisher) by Here, despite agreeing that the Government had committed numerous, serious errors (including the failure to assure that expert testimony was reliable), the Court held they were harmless since they "more probably than …

U.S. v. Timmreck, No. 78-744 (U.S. Supreme Court) (441 U.S. 780; 99 S.Ct. 2085) (May 21, 1979) (Justice Stevens)

Article • March 11, 2002

Filed under: Punch And Jurists, Harmless Error

U.S. v. Timmreck, No. 78-744 (U.S. Supreme Court) (441 U.S. 780; 99 S.Ct. 2085) (May 21, 1979) (Justice Stevens) by In this case the defendant/respondent was convicted of a federal drug offense upon a guilty plea. Upon accepting the plea the trial judge explained that the defendant could receive a …