Search | Punch and Jurists

U.S. v. Daniels, No. 12-2419 (6th Cir.) ( Fed.Appx. ) (June 8, 2015) (Judge Gilbert S. Merritt)

Article • June 15, 2015 • from P&J June, 2015

Filed under: Punch And Jurists, Harassment

U.S. v. Daniels, No. 12-2419 (6th Cir.) ( Fed.Appx. ) (June 8, 2015) (Judge Gilbert S. Merritt) by A jury convicted Reginald Daniels of possessing a handgun with an obliterated serial number as a felon. He appealed his convictions, arguing that numerous and repeated errors by the district court (Judge …

U.S. v. Rodriguez, No. 08-16696 (11th Cir.) (627 F.3d 1372) (December 22, 2010) (Judge Edward E. Carnes)

Article • December 1, 2010

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Rodriguez, No. 08-16696 (11th Cir.) (627 F.3d 1372) (December 22, 2010) (Judge Edward E. Carnes) by [Editor's Note: For a commentary on this decision, see "Eleventh Circuit panel sticks to tough plain error rule for sentencing appeals," by Prof. Doug Berman, as posted on Sentencing Law and Policy …

Islam v. Gonzales, No. 05-1390-ag (2nd Cir.) (469 F.3d 53) (November 9, 2006) (Judge Barrington D. Jr. Parker)

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

Filed under: Punch And Jurists, Denial of Due Process

Islam v. Gonzales, No. 05-1390-ag (2nd Cir.) (469 F.3d 53) (November 9, 2006) (Judge Barrington D. Jr. Parker) by Islam v. Gonzales, 469 F.3d 53 (2nd Cir. Nov. 9, 2006) (Judge Parker) Kim v. Gonzales, 458 F.3d 58 (1st Cir. Nov. 16, 2006) (Judge Boudin) It sometimes seems as America’s …

Lin v. U.S. Dept. of Justice, No. 04-0917-ag (2nd Cir.) (459 F.3d 255) (August 3, 2006) (Judge Chester J. Straub)

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

Filed under: Punch And Jurists, Denial of Due Process

Lin v. U.S. Dept. of Justice, No. 04-0917-ag (2nd Cir.) (459 F.3d 255) (August 3, 2006) (Judge Chester J. Straub) by Before the court was petitioner alien's petition for review of a decision of the Board of Immigration Appeals (BIA), which reversed an immigration judge's decision to grant petitioner asylum …

Li Zu Guan v. Immigration and Naturalization Service, No. 02-4302 (2nd Cir.) (453 F.3d 129) (June 29, 2006) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Denial of Due Process

Li Zu Guan v. Immigration and Naturalization Service, No. 02-4302 (2nd Cir.) (453 F.3d 129) (June 29, 2006) (Judge Guido Calabresi) by Petitioner, an applicant for asylum and withholding of removal, sought review of a ruling of the Board of Immigration Appeals (BIA) summarily affirming the decision of an immigration …

Lin v. U.S. Dept. of Justice, No. 02-4713-ag (2nd Cir.) (453 F.3d 99) (June 28, 2006) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Denial of Due Process

Lin v. U.S. Dept. of Justice, No. 02-4713-ag (2nd Cir.) (453 F.3d 99) (June 28, 2006) (Judge Guido Calabresi) by Petitioner alien, a native and citizen of the People's Republic of China, filed a petition for review of an order of the Board of Immigration Appeals (BIA), which summarily affirmed …

Ivanishvili v. U.S. Dep't of Justice, No. 03-4166 (2nd Cir.) (433 F.3d 332) (January 5, 2006) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Denial of Due Process

Ivanishvili v. U.S. Dep't of Justice, No. 03-4166 (2nd Cir.) (433 F.3d 332) (January 5, 2006) (Judge Richard J. Cardamone) by Here, once again, the Second Circuit lashed out at the incompetence and hostility of the immigration judges at immigration hearings. Petition for review of a decision denying petitioner's application …

Xue v. Board of Immigration Appeals, No. 04-0374-ag (2nd Cir.) (439 F.3d 111) (February 21, 2006) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Denial of Due Process

Xue v. Board of Immigration Appeals, No. 04-0374-ag (2nd Cir.) (439 F.3d 111) (February 21, 2006) (Judge Guido Calabresi) by Anyone familiar with the Board of Immigration Appeals (BIA) has to be concerned about its methods of operation - highlighted by its infamous “paper review” of cases. Just consider this …

U.S. v. Andrews, No. 03-51367 (5th Cir.) (390 F.3d 840) (November 11, 2004) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Andrews, No. 03-51367 (5th Cir.) (390 F.3d 840) (November 11, 2004) (Judge Jerry E. Smith) by Here the Court vacated a sentence that contained a dramatic upward departure, after concluding that the sentence imposed by Judge Biery of the W.D.Tex. was “fatally infected with antagonism towards the United …

U.S. v. Kim, No. 03 Cr. 413 (RPP) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 18637) (October 21, 2003) (Judge Robert P. Jr. Patterson)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Kim, No. 03 Cr. 413 (RPP) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 18637) (October 21, 2003) (Judge Robert P. Jr. Patterson) by In October, 2002, Steven Kim, a 57-year old naturalized citizen from Korea traveled to New York from his home in Illinois to draw attention to the suffering …

U.S. v. Kirsch, No. Crim. No. 02-288 (D.Minn.) (287 F.Supp.2d 1005) (October 17, 2003) (Judge Paul A. Magnuson)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Kirsch, No. Crim. No. 02-288 (D.Minn.) (287 F.Supp.2d 1005) (October 17, 2003) (Judge Paul A. Magnuson) by In this brief Sentencing Memorandum, Judge Magnuson lashed out at recent attempts by Congress and the Justice Department to bully judges into imposing tough sentences - calling the efforts an "unwarranted …

U.S. v. Sanchez, No. 02-10180 (5th Cir.) (325 F.3d 600) (March 17, 2003) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Sanchez, No. 02-10180 (5th Cir.) (325 F.3d 600) (March 17, 2003) (Judge Patrick E. Higginbotham) by Here the Court rejected a claim of prejudicial judicial hostility through comments and questioning of witnesses, stating that while some of the district court's interventions may have been "inadvisable," they did not …

McMahon v. Hodges, No. 99 CIV, 10116(DC) (S.D.N.Y.) (225 F.Supp.2d 357) (September 30, 2002) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Judicial Hostility

McMahon v. Hodges, No. 99 CIV, 10116(DC) (S.D.N.Y.) (225 F.Supp.2d 357) (September 30, 2002) (Judge Denny Chin) by

Ungar v. Sarafite, No. 167 (U.S. Supreme Court) (376 U.S. 575; 84 S.Ct. 841) (March 30, 2064) (Justice White)

Article • June 22, 2000

Filed under: Punch And Jurists, Judicial Hostility

Ungar v. Sarafite, No. 167 (U.S. Supreme Court) (376 U.S. 575; 84 S.Ct. 841) (March 30, 2064) (Justice White) by Here the Court held that criticism of the court's rulings and failure to obey court orders do not constitute a personal attack on the judge sufficient to warrant his disqualification …

U.S. v. Gomes, No. 97-2193 (1st Cir.) (177 F.3d 76) (May 27, 1999) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Gomes, No. 97-2193 (1st Cir.) (177 F.3d 76) (May 27, 1999) (Judge Michael Boudin) by The First Circuit also noted that it seemd that the rebuke was "amply justified" because counsel appeared to have ignored several warnings to stop arguing after various rulings were made. The Court then …

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 501) (February 20, 1998) (Judge Peter K. Leisure)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 501) (February 20, 1998) (Judge Peter K. Leisure) by Court rejected a motion for recusal under 28 U.S.C. § 455(a), holding that critical or disapproving judicial remarks do not ordinarily support a bias or partiality challenge. Citing Liteky …

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 550) (March 4, 1998) (Judge Peter K. Leisure)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 550) (March 4, 1998) (Judge Peter K. Leisure) by As it did in earlier decision reported at 994 F.Supp. 501, the court again rejected a motion for recusal, stating that negative comments by a trial judge are "common …

Tejeda v. Dubois, No. 97-1777 (1st Cir.) (142 F.3d 18) (April 24, 1998) (Judge Milton I. Shadur)

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

Filed under: Punch And Jurists, Judicial Hostility

Tejeda v. Dubois, No. 97-1777 (1st Cir.) (142 F.3d 18) (April 24, 1998) (Judge Milton I. Shadur) by How often does one see a decision in which a conviction is reversed because of rank and pervasive judicial hostility? Well, this is one such case; and, although the First Circuit is …

MacDraw, Inc. v. CIT Group Equipment, Inc., No. 97-7193 (2nd Cir.) (138 F.3d 33) (February 18, 1998) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Judicial Hostility

MacDraw, Inc. v. CIT Group Equipment, Inc., No. 97-7193 (2nd Cir.) (138 F.3d 33) (February 18, 1998) (Judge Ralph K. Jr. Winter) by Here the Court noted that: "Appellants correctly note that Judge Chin did express negative concerns about the merits of MacDraw's case and the conduct of appellants in …

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi) by This case raises two significant issues - neither of which can really be gleaned from a reading of the bland and dulcet tones of the Court's decision. For that reason, we …