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U.S. v. Pesaturo, No. 06-10390-MLW (D.Mass.) (519 F.Supp.2d 177) (October 9, 2007) (Judge Magistrate)
Article • January 1, 2008 • from P&J January, 2008
Filed under: Punch And Jurists, Informers Privilege
U.S. v. Pesaturo, No. 06-10390-MLW (D.Mass.) (519 F.Supp.2d 177) (October 9, 2007) (Judge Magistrate) by This is an interesting decision that contains a detailed analysis of the Government’s discovery obligations under Fed.R.Crim.P. 16 in a case that was based primarily on information supplied by an unidentified confidential informant (CI). In …
Lewis v. U.S., No. 36 (U.S. Supreme Court) (385 U.S. 206; 87 S.Ct. 424) (December 12, 2066) (Justice Warren)
Article • January 2, 2005
Filed under: Punch And Jurists, Informants and Paid Witnesses
Lewis v. U.S., No. 36 (U.S. Supreme Court) (385 U.S. 206; 87 S.Ct. 424) (December 12, 2066) (Justice Warren) by Defendant was convicted in a United States District Court of transfer of marijuana, in violation of 18 U.S.C. § 4742(a). The United States Court of Appeals for the First Circuit …
Hoffa v. U.S., No. 32 (U.S. Supreme Court) (385 U.S. 293; 87 S.Ct. 408) (December 12, 2066) (Justice Stewart)
Article • April 16, 2004
Filed under: Punch And Jurists, Informants and Paid Witnesses
Hoffa v. U.S., No. 32 (U.S. Supreme Court) (385 U.S. 293; 87 S.Ct. 408) (December 12, 2066) (Justice Stewart) by In this case the court rejected a due process argument that the use of informant testimony raised unacceptable risks of perjurious testimony, so long as the existence of any incentives …
U.S. v. Hammond, No. 01-5358 (6th Cir.) (351 F.3d 765) (December 15, 2003) (Judge Danny J. Boggs)
Article • January 1, 2004 • from P&J January, 2004
Filed under: Punch And Jurists, Informants and Paid Witnesses
U.S. v. Hammond, No. 01-5358 (6th Cir.) (351 F.3d 765) (December 15, 2003) (Judge Danny J. Boggs) by After the United States District Court for the Eastern District of Kentucky at London denied defendant's motions to suppress and dismiss, defendant pled guilty to, inter alia, possessing firearms in relation to …
U.S. v. Jackson, No. 02-1237 (2nd Cir.) (345 F.3d 59) (September 17, 2003) (Judge Dennis G. Jacobs)
Article • September 1, 2003 • from P&J September, 2003
Filed under: Punch And Jurists, Informants and Paid Witnesses
U.S. v. Jackson, No. 02-1237 (2nd Cir.) (345 F.3d 59) (September 17, 2003) (Judge Dennis G. Jacobs) by In this case, the Second Circuit squarely held for the first time that the disclosure requirements of Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, require disclosure of exculpatory and/or …
U.S. v. Cruz-Garcia, No. 02-10275 (9th Cir.) (344 F.3d 951) (September 17, 2003) (Judge Alex Kozinski)
Article • September 1, 2003 • from P&J September, 2003
Filed under: Punch And Jurists, Informants and Paid Witnesses
U.S. v. Cruz-Garcia, No. 02-10275 (9th Cir.) (344 F.3d 951) (September 17, 2003) (Judge Alex Kozinski) by In this case, the Ninth Circuit sharply criticized both the district court and the prosecutor for their roles in preventing the defense from presenting rebuttal evidence about the prosecution’s star witness’s prior crimes. …
Shabazz v. Artuz, No. 02-2320 (2nd Cir.) (336 F.3d 154) (July 18, 2003) (Judge Rosemary S. Pooler)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Informants and Paid Witnesses
Shabazz v. Artuz, No. 02-2320 (2nd Cir.) (336 F.3d 154) (July 18, 2003) (Judge Rosemary S. Pooler) by Here the Court affirmed the denial of habeas relief, holding that the petitioner had failed to prove that the prosecutor had elicited false testimony about promises of leniency made to a key …
Wei Su v. Filion, No. 02-2683 (2nd Cir.) (335 F.3d 119) (July 11, 2003) (Judge Guido Calabresi)
Article • June 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Informants and Paid Witnesses
Wei Su v. Filion, No. 02-2683 (2nd Cir.) (335 F.3d 119) (July 11, 2003) (Judge Guido Calabresi) by Shabazz v. Artuz, 336 F.3d 154 (2nd Cir. 2003) (Judge Pooler) Su v. Filion, 335 F.3d 119 (2nd Cir. 2003) (Judge Calabresi) Promises of leniency given by the Government to cooperating witnesses …
U.S. v. Dawson, No. 02 CR 688 (N.D.Ill.) (243 F.Supp.2d 780) (February 3, 2003) (Judge Elaine E. Bucklo)
Article • April 1, 2003 • from P&J April, 2003
Filed under: Punch And Jurists, Informants and Paid Witnesses
U.S. v. Dawson, No. 02 CR 688 (N.D.Ill.) (243 F.Supp.2d 780) (February 3, 2003) (Judge Elaine E. Bucklo) by The defendant in this case was charged with “attempt and conspiracy to distribute a controlled substance.” He filed a number of pretrial motions, including a motion to compel for the Government …
Washington v. Texas, No. 649 (U.S. Supreme Court) (388 U.S. 14; 87 S.Ct. 1920) (June 12, 2067) (Justice Warren)
Article • March 4, 2003
Filed under: Punch And Jurists, Informants and Paid Witnesses
Washington v. Texas, No. 649 (U.S. Supreme Court) (388 U.S. 14; 87 S.Ct. 1920) (June 12, 2067) (Justice Warren) by Court was critical of the reliability of accused accomplices, arguing that they often have an even greater incentive to lie in favor of the prosecution than against it. The case …
U.S. v. Villafranca, No. 99-40593 (5th Cir.) (260 F.3d 374) (July 25, 2001) (Judge Patrick E. Higginbotham)
Article • September 1, 2001 • from P&J September, 2001
Filed under: Punch And Jurists, Informants and Paid Witnesses
U.S. v. Villafranca, No. 99-40593 (5th Cir.) (260 F.3d 374) (July 25, 2001) (Judge Patrick E. Higginbotham) by Ramon Amado Villafranca, the defendant in this case, was a state-court prosecutor from Laredo, Texas. He was convicted in Federal court for accepting bribes in exchange for fixing drug cases, in violation …
U.S. v. Estrada, No. 00-2647 (7th Cir.) (256 F.3d 466) (June 22, 2001) (Judge Joel L. Flaum)
Article • June 1, 2001 • from P&J June, 2001
Filed under: Punch And Jurists, Informants and Paid Witnesses
U.S. v. Estrada, No. 00-2647 (7th Cir.) (256 F.3d 466) (June 22, 2001) (Judge Joel L. Flaum) by Periodically, cases come to light in which informants and Government witnesses are paid or given such enormous benefits that one can legitimately question whether that person has any real incentive to tell …
U.S. v. Estrada, No. 00-2647 (7th Cir.) (256 F.3d 466) (June 22, 2001) (Judge Joel L. Flaum)
Article • June 1, 2001 • from P&J June, 2001
Filed under: Punch And Jurists, Informants and Paid Witnesses
U.S. v. Estrada, No. 00-2647 (7th Cir.) (256 F.3d 466) (June 22, 2001) (Judge Joel L. Flaum) by QUOTE OF THE WEEK - The search for truth - one of the casualties of the criminal justice system! "One of the basics of our jurisprudence is the search for truth, and …
Commonwealth of the Northern Mariana Islands v. Bowie, No. 99-10552 (9th Cir.) (243 F.3d 1109) (January 10, 2001) (Judge Stephen S. Trott)
Article • December 1, 2000 • from P&J December, 2000
Filed under: Punch And Jurists, Informants and Paid Witnesses
Commonwealth of the Northern Mariana Islands v. Bowie, No. 99-10552 (9th Cir.) (243 F.3d 1109) (January 10, 2001) (Judge Stephen S. Trott) by "Never has it been more true than it is now that a criminal charged with a serious crime understands that a fast and easy way out of …
Alabama v. White, No. 89-789 (U.S. Supreme Court) (496 U.S. 325; 110 S.Ct. 2412) (June 11, 1990) (Justice White)
Article • July 10, 2000
Filed under: Punch And Jurists, Informants and Paid Witnesses
Alabama v. White, No. 89-789 (U.S. Supreme Court) (496 U.S. 325; 110 S.Ct. 2412) (June 11, 1990) (Justice White) by In this case the Court continued the approach it had taken in Illinois v. Gates, 462 U.S. 213 (1983) where it abandoned the formal, two-pronged test established in Aguilar v. …
Bennett v. Drug Enforcement Admin., No. Civ.A. 98-745(GK) (D.D.C.) (55 F.Supp.2d 36) (June 30, 1999) (Judge Gladys Kessler)
Article • October 1, 1999 • from P&J October, 1999
Filed under: Punch And Jurists, Informants and Paid Witnesses
Bennett v. Drug Enforcement Admin., No. Civ.A. 98-745(GK) (D.D.C.) (55 F.Supp.2d 36) (June 30, 1999) (Judge Gladys Kessler) by This is an astonishing FOIA case which chronicles the exploits of the highest paid confidential informant in DEA history and shows how the Government then seeks to hide that information from …
U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Informants and Paid Witnesses
U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones) by Quote from a dissent by Judge Bright in which he bemoaned the practice, encouraged by the Guidelines, of giving the drug lords minor sentences, while heavily penalizing the smaller players who have …
Krug v. U.S., No. 98-5130 (Fed. Cir.) (168 F.3d 1307) (February 17, 1999) (Judge S. Jay Plager)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Informants and Paid Witnesses
Krug v. U.S., No. 98-5130 (Fed. Cir.) (168 F.3d 1307) (February 17, 1999) (Judge S. Jay Plager) by Here the Court rejected a tax-informant's claim for a reward, since he had nothing in writing from the IRS to confirm that it would pay him any reward - even though his …
Buritica v. U.S., No. C-95-3354 (N.D.Cal.) (8 F.Supp.2d 1188) (June 12, 1998) (Judge Vaughn R. Walker)
Article • September 1, 1998 • from P&J September, 1998
Filed under: Punch And Jurists, Informants and Paid Witnesses
Buritica v. U.S., No. C-95-3354 (N.D.Cal.) (8 F.Supp.2d 1188) (June 12, 1998) (Judge Vaughn R. Walker) by This is another civil rights lawsuit for damages with a twist. The plaintiff in this case filed a Bivens action (see Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 …
U.S. v. Sepe, No. 91-708-CR (S.D.Fla.) (1 F.Supp.2d 1372) (April 21, 1998) (Judge Norman C. Roettger)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Informants and Paid Witnesses
U.S. v. Sepe, No. 91-708-CR (S.D.Fla.) (1 F.Supp.2d 1372) (April 21, 1998) (Judge Norman C. Roettger) by QUOTE OF THE WEEK - One view of the impact of the Federal Sentencing Guidelines. "[I]n the 10 plus years since the sentencing guidelines went into full force and effect in the federal …
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