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Article • December 6, 2004
Shannon v. U.S., No. 92-8346 (U.S. Supreme Court) (512 U.S. 573; 114 S.Ct. 2419) (June 24, 1994) (Justice Thomas) by In this case, the Supreme Court made clear, is non-binding but highlt persuasive dicta, that defendant had no legal right to a charge informing the jury of the sentencing consequences …
Article • August 1, 2002 • from P&J August, 2002
U.S. v. Wattleton, No. 00-13125 (11th Cir.) (296 F.3d 1184) (July 9, 2002) (Judge Frank May Hull) by The defendant in this case was charged with and tried for making bomb threats after his employment was terminated. The jury determined that defendant was not guilty by reason of insanity, and …
Article • February 1, 1998 • from P&J February, 1998
U.S. v. Johnson, No. 90-196-S (M.D.Ala.) (981 F.Supp. 1443) (October 23, 1997) (Judge Myron H. Thompson) by Despite a surprising paucity of case law on the topic, the Court concluded that it may order the unconditional release of a defendant who had been committed provided it finds, by a clear …
Article • January 1, 1998 • from P&J January, 1998
U.S. v. Mann, No. 97-10045 (9th Cir.) (130 F.3d 1365) (December 15, 1997) (Judge Charles E. Wiggins) by The sole issue in this case was the proper interpretation of a provision in the Insanity Defense Reform Act (18 U.S.C. §§ 4241-47). The provision in question, § 4244(d), authorizes the court …
Article • January 1, 1998 • from P&J January, 1998
U.S. v. Mann, No. 97-10045 (9th Cir.) (130 F.3d 1365) (December 15, 1997) (Judge Charles E. Wiggins) by
Article • May 1, 1997 • from P&J May, 1997
U.S. v. Schneider, No. 96-1281 (1st Cir.) (111 F.3d 197) (April 17, 1997) (Judge Michael Boudin) by This case is noted because of its detailed (albeit non-conclusive) analysis of the purpose and scope of the Insanity Defense Reform Act, 18 U.S.C. § 17 (the "IDRA"). In addition to redefining insanity …
Article • September 1, 1996 • from P&J September, 1996
U.S. v. Garcia, No. 95-1587, No. 1729 (2nd Cir.) (94 F.3d 57) (August 26, 1996) (Judge John M. Jr. Walker) by Case held that finding of mental disease or defect required for insanity defense could not be based on defendant's alcohol consupmtion or drug consumption.