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In re Motion of District Judge, No. 13-3123 (2nd Cir.) (736 F.3d 155) (November 13, 2013) (Per Curiam)

Article • November 18, 2013 • from P&J November, 2013

Filed under: Punch And Jurists, Appearance of Justice/Impartiality

In re Motion of District Judge, No. 13-3123 (2nd Cir.) (736 F.3d 155) (November 13, 2013) (Per Curiam) by Ligon v. City of New York, No. 13-3123 (2nd Cir. Oct. 31, 2013) (Per Curiam) In Re Reassignment of Cases, No. 13-3123 (2nd Cir. Nov. 13, 2013) (Per Curiam) In Re …

In re Reassignment of Cases, No. 13-3123 (2nd Cir.) (736 F.3d 118) (November 13, 2013) (Per Curiam)

Article • November 18, 2013 • from P&J November, 2013

Filed under: Punch And Jurists, Appearance of Justice/Impartiality

In re Reassignment of Cases, No. 13-3123 (2nd Cir.) (736 F.3d 118) (November 13, 2013) (Per Curiam) by Here, following its initial ruling on October 31st, the Court issued these two rulings in which it (a) attempted to explain more clearly the basis of its original ruling and (b) rejected …

U.S. v. Jones, No. 05-5467 (6th Cir.) (469 F.3d 563) (November 29, 2006) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Jones, No. 05-5467 (6th Cir.) (469 F.3d 563) (November 29, 2006) (Judge Gilbert S. Merritt) by Here, in a graphic example of the perils of winning an appeal, after his initial conviction and sentence of 210 months were vacated on appeal, the defendant was convicted on new charges …

U.S. v. Barner, No. 04-13384 (11th Cir.) (441 F.3d 1310) (March 10, 2006) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Barner, No. 04-13384 (11th Cir.) (441 F.3d 1310) (March 10, 2006) (Judge John R. Gibson) by This Eleventh Circuit appeal addressed an interesting claim of prosecutorial vindictiveness. After Javado Barner succeeded in getting the district court to dismiss most of the charges against him, the government obtained a …

U.S. v. Fagans, No. 04-4845-cr (2nd Cir.) (406 F.3d 138) (April 27, 2005) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Fagans, No. 04-4845-cr (2nd Cir.) (406 F.3d 138) (April 27, 2005) (Judge Jon O. Newman) by In this case the Court addressed three specific Booker questions, namely: (1) whether to remand for resentencing, rather than for consideration of whether to resentence, where an objection to the compulsory use …

Bordenkircher v. Hayes, No. 76-1334 (U.S. Supreme Court) (434 U.S. 357; 98 S.Ct. 663) (November 9, 1977) (Justice Stewart)

Article • October 23, 2005

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Bordenkircher v. Hayes, No. 76-1334 (U.S. Supreme Court) (434 U.S. 357; 98 S.Ct. 663) (November 9, 1977) (Justice Stewart) by Here, the defendant, Paul Lewis Hayes, was charged with forgery, an offense which carried a two-to-ten-year prison sentence. During plea negotiations, the prosecutor offered to pursue a five year sentence …

U.S. v. Goodwin, No. 80-2195 (U.S. Supreme Court) (457 U.S. 368; 102 S.Ct. 2485) (June 18, 1982) (Justice Stevens)

Article • September 21, 2005

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Goodwin, No. 80-2195 (U.S. Supreme Court) (457 U.S. 368; 102 S.Ct. 2485) (June 18, 1982) (Justice Stevens) by In this case the Court held that a prosecutor's decision to file additional charges against a defendant after the defendant has refused to plead guilty does not give rise to …

Blackledge v. Perry, No. 72-1660 (U.S. Supreme Court) (417 U.S. 21; 94 S.Ct. 2098) (May 20, 1974) (Justice Stewart)

Article • September 5, 2005

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Blackledge v. Perry, No. 72-1660 (U.S. Supreme Court) (417 U.S. 21; 94 S.Ct. 2098) (May 20, 1974) (Justice Stewart) by Here the Court held that the rule from North Carolina v. Pearce and its progeny against vindictiveness, applied to the prosecutors as well as judges, and that it was improper …

U.S. v. Gray, No. 04-80193 (E.D.Mich.) (382 F.Supp.2d 898) (May 10, 2005) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Gray, No. 04-80193 (E.D.Mich.) (382 F.Supp.2d 898) (May 10, 2005) (Judge Gerald E. Rosen) by A Federal prosecutor did not violate the defendant’s due process rights by charging him with Federal charges that carried a more onerous penalty after he rejected a plea agreement offered by the state …

U.S. v. Williams, No. 04-2882-cr (2nd Cir.) (399 F.3d 450) (February 23, 2005) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Williams, No. 04-2882-cr (2nd Cir.) (399 F.3d 450) (February 23, 2005) (Judge Jon O. Newman) by

U.S. v. Amberslie, No. 02 CR. 1370(JSR) (S.D.N.Y.) (312 F.Supp.2d 570) (April 2, 2004) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Amberslie, No. 02 CR. 1370(JSR) (S.D.N.Y.) (312 F.Supp.2d 570) (April 2, 2004) (Judge Jed S. Rakoff) by Defendant moves to dismiss a superseding indictment charging a drug conspiracy on the ground of prosecutorial vindictiveness. Shortly before defendant's trial on a single, low-level narcotics charge, the court ruled inadmissible …

North Carolina v. Pearce, No. 413 (U.S. Supreme Court) (395 U.S. 711; 89 S.Ct. 2072) (June 23, 1969) (Justice Stewart)

Article • January 9, 2004

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

North Carolina v. Pearce, No. 413 (U.S. Supreme Court) (395 U.S. 711; 89 S.Ct. 2072) (June 23, 1969) (Justice Stewart) by Here the Court held that the Due Process Clause of the Fifth Amendment requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no …

U.S. v. Peyton, No. 02-50482 (9th Cir.) (353 F.3d 1080) (December 31, 2003) (Judge Richard C. Tallman)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Peyton, No. 02-50482 (9th Cir.) (353 F.3d 1080) (December 31, 2003) (Judge Richard C. Tallman) by The defendant in this case, Fatima Peyton, was tried for and convicted of eight counts of falsely procuring credit cards in the names of fellow postal workers, in order to obtain goods …

Mickens-Thomas v. Vaughn, No. 03-3714 (3rd Cir.) (355 F.3d 294) (January 14, 2004) (Judge Max Rosenn)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Mickens-Thomas v. Vaughn, No. 03-3714 (3rd Cir.) (355 F.3d 294) (January 14, 2004) (Judge Max Rosenn) by Here the Court held that, due to a combination of willful noncompliance, bad faith, and a sufficient inference of retaliation or vindictiveness on the part of the Pennsylvania Board of Probation and Parole, …

U.S. v. Evans, No. 02-1806 (8th Cir.) (314 F.3d 329) (December 24, 2002) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Evans, No. 02-1806 (8th Cir.) (314 F.3d 329) (December 24, 2002) (Judge James B. Loken) by Here the majority held that the imposition of the same 396 month sentence following a successful appeal and resentencing was not a vidictive sentence within the meaning of North Carolina v. Pearce …

U.S. v. McCoy, No. 01-3052 (D.C. Cir.) (313 F.3d 561) (December 20, 2002) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. McCoy, No. 01-3052 (D.C. Cir.) (313 F.3d 561) (December 20, 2002) (Judge Stephen F. Williams) by One of the more confusing issues in the Federal court system is the scope of a sentencing court’s review of arguments and facts after a remand from an appellate court. Put differently, …

Alabama v. Smith, No. 88-333 (U.S. Supreme Court) (490 U.S. 794; 109 S.Ct. 2201) (June 12, 1989) (Justice Rehnquist)

Article • August 5, 2002

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Alabama v. Smith, No. 88-333 (U.S. Supreme Court) (490 U.S. 794; 109 S.Ct. 2201) (June 12, 1989) (Justice Rehnquist) by The respondent/prisoner in this case plead guilty to burglary and rape, and was sentenced to 30 year consecutive terms. The guilty pleas were subsequently overturned on appeal, and the prisoner …

U.S. v. Warda, No. 00-1408 (7th Cir.) (285 F.3d 573) (April 1, 2002) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Warda, No. 00-1408 (7th Cir.) (285 F.3d 573) (April 1, 2002) (Judge Ilana Diamond Rovner) by In holding that a new sentence, five months longer that the sentence that the court had previously vacated, did not warrant relief based on a presumption of vindictiveness, the Court stated: "Even …

U.S. v. Arrington, No. 00-3096 (8th Cir.) (255 F.3d 637) (June 28, 2001) (Judge Diana E. Murphy)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Arrington, No. 00-3096 (8th Cir.) (255 F.3d 637) (June 28, 2001) (Judge Diana E. Murphy) by The defendant in this case was found guilty at trial of being a felon in possession of a firearm, and he was sentenced to 77 months in prison, which included a two-level …

Texas v. McCullough, No. 84-1198 (U.S. Supreme Court) (475 U.S. 134; 106 S.Ct. 976) (February 26, 1986) (Justice Burger)

Article • July 21, 2001

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Texas v. McCullough, No. 84-1198 (U.S. Supreme Court) (475 U.S. 134; 106 S.Ct. 976) (February 26, 1986) (Justice Burger) by In this case the defendant, upon retrial, chose to be sentenced by a judge rather than by the jury. The judge ultimately imposed a harsher sentence than had been imposed …