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U.S. v. Courtney, No. CR 11-2860 JB (D.N.M.) (960 F.Supp.2d 1152) (May 21, 2013) (Judge James R. Browning)

Article • December 1, 2014

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Courtney, No. CR 11-2860 JB (D.N.M.) (960 F.Supp.2d 1152) (May 21, 2013) (Judge James R. Browning) by

U.S. v. Heicklen, No. 10 CR 1154 (KMW) (S.D.N.Y.) (858 F.Supp.2d 256) (April 19, 2012) (Judge Kimba M. Wood)

Article • April 30, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Heicklen, No. 10 CR 1154 (KMW) (S.D.N.Y.) (858 F.Supp.2d 256) (April 19, 2012) (Judge Kimba M. Wood) by In this case, District Judge Kimba Wood dismissed an indictment against Julian Heicklen, who was accused of jury tempering by passing out information on the steps of courthouses all over …

U.S. v. Polouizzi, No. 09-4594-cr (2nd Cir.) (393 Fed.Appx. 784) (September 22, 2010) (Per Curiam)

Article • October 11, 2010 • from P&J October, 2010

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Polouizzi, No. 09-4594-cr (2nd Cir.) (393 Fed.Appx. 784) (September 22, 2010) (Per Curiam) by Here the Court rejected, by summary order, Judge Weinstein’s second call for a new trial in this child pornography case - thus ending for the most part this long-running and often bitter test of …

U.S. v. Polouizzi, No. 06-CR-22 (JBW) (E.D.N.Y.) (687 F.Supp.2d 133) (January 20, 2010) (Judge Jack B. Weinstein)

Article • February 22, 2010 • from P&J April, 2010

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Polouizzi, No. 06-CR-22 (JBW) (E.D.N.Y.) (687 F.Supp.2d 133) (January 20, 2010) (Judge Jack B. Weinstein) by Following the conviction of Peter Polouizzi (who is sometimes also referred to as Peter Polizzi) on eleven counts of possession of child pornography and twelve counts of receipt of child pornography, Judge …

U.S. v. Polizzi, No. 06-CR-22 (JBW) (E.D.N.Y.) (262 F.R.D. 169) (September 29, 2009) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Polizzi, No. 06-CR-22 (JBW) (E.D.N.Y.) (262 F.R.D. 169) (September 29, 2009) (Judge Jack B. Weinstein) by In a 288-page opus entitled U.S. v. Polizzi, 549 F.Supp.2d 308 (E.D.N.Y. April 1, 2008) (P&J, 03/03/09) (“Polizzi I”), District Judge Jack Weinstein of the E.D.N.Y. initiated another of his frequent and …

U.S. v. Polouizzi, No. 08-1830-cr(L) (2nd Cir.) (564 F.3d 142) (April 24, 2009) (Judge Robert A. Katzmann)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Polouizzi, No. 08-1830-cr(L) (2nd Cir.) (564 F.3d 142) (April 24, 2009) (Judge Robert A. Katzmann) by In U.S. v. Polizzi, 549 F.Supp.2d 308 (E.D.N.Y. Apr. 1, 2008) (P&J, 03/03/08), District Judge Jack Weinstein of the E.D.N.Y. issued another of his long list of distinguished (and often controversial), and …

U.S. v. Simmons, No. 07-5127-cr (2nd Cir.) (560 F.3d 98) (March 17, 2009) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Jurors - Removal/Excusing

U.S. v. Simmons, No. 07-5127-cr (2nd Cir.) (560 F.3d 98) (March 17, 2009) (Judge Rosemary S. Pooler) by Conviction for firearms possession is affirmed where: 1) district court properly denied defendant's motion to suppress the firearms as officers were responding to an anonymous 911 call reporting an ongoing emergency and …

U.S. v. Crawford, No. 06-5059-cr (2nd Cir.) (533 F.3d 133) (July 17, 2008) (Judge J. Clifford Wallace)

Article • August 1, 2008 • from P&J August, 2008

Filed under: Punch And Jurists, Jury Deliberations

U.S. v. Crawford, No. 06-5059-cr (2nd Cir.) (533 F.3d 133) (July 17, 2008) (Judge J. Clifford Wallace) by A conviction for being a felon in possession of a firearm is vacated and remanded for trial where: 1) the trial court reopened proceedings after the parties' summation and after the jury …

U.S. v. Polizzi, No. 06-cr-22 (JBW) (E.D.N.Y.) (549 F.Supp.2d 308) (April 1, 2008) (Judge Jack B. Weinstein)

Article • March 1, 2008 • from P&J March, 2008

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Polizzi, No. 06-cr-22 (JBW) (E.D.N.Y.) (549 F.Supp.2d 308) (April 1, 2008) (Judge Jack B. Weinstein) by Here the Court granted a defendant a new trial in a child pornography case after admitting that he has committed a “constitutional error” in failing to allow the defendant to advise the …

U.S. v. Elfgeeh, No. 06-0638-cr (2nd Cir.) (515 F.3d 100) (February 14, 2008) (Judge Amalya Lyle Kearse)

Article • January 1, 2008 • from P&J January, 2008

Filed under: Punch And Jurists, Publicity - Prejudicial

U.S. v. Elfgeeh, No. 06-0638-cr (2nd Cir.) (515 F.3d 100) (February 14, 2008) (Judge Amalya Lyle Kearse) by This is another one of the many cases that arose out of the Government’s crackdown on terrorism funding operations in the aftermath of 9/11; and, among the many issues raised on appeal, …

Merced v. McGrath, No. 04-15560 (9th Cir.) (426 F.3d 1076) (October 18, 2005) (Judge Dorothy Wright Nelson)

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

Filed under: Punch And Jurists, Jury Nullification

Merced v. McGrath, No. 04-15560 (9th Cir.) (426 F.3d 1076) (October 18, 2005) (Judge Dorothy Wright Nelson) by Here the Court affirmed the denial of petitioner’s habeas corpus petition over his claim that the trial court violated his constitutional rights when it excused a prospective juror based on his belief …

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (389 F.Supp.2d 29) (September 2, 2005) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (389 F.Supp.2d 29) (September 2, 2005) (Judge Nancy Gertner) by Defendants, who were charged with murder in aid of racketeering, filed a motion to dismiss the charges against them or, in the alternative, to stay the case until a jury could be …

In Re: United States of America, No. 05-2358 (1st Cir.) (426 F.3d 1) (October 7, 2005) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Bias/Discrimination

In Re: United States of America, No. 05-2358 (1st Cir.) (426 F.3d 1) (October 7, 2005) (Judge Michael Boudin) by In U.S. v. Green, 389 F.Supp.2d 29, 2005 U.S. Dist. LEXIS 19037 (D.Mass. Sept. 2, 2005), a capital case involving two African-American defendants, Judge Nancy Gertner crafted a landmark ruling …

U.S. v. Navarro-Vargas, No. 02-50663 (9th Cir.) (408 F.3d 1184) (May 23, 2005) (Judge Jay S. Bybee)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Navarro-Vargas, No. 02-50663 (9th Cir.) (408 F.3d 1184) (May 23, 2005) (Judge Jay S. Bybee) by By a vote of 6-to-5, and over a compelling dissent by Judge hawkins, the majority of the en banc court rejected a claim that the model grand jury instructions violate the Fifth …

Johnson v. California, No. 03-636 (U.S. Supreme Court) (543 U.S. 499; 125 S.Ct. 1141) (February 23, 2005) (Justice O'Connor)

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

Filed under: Punch And Jurists, Bias/Discrimination

Johnson v. California, No. 03-636 (U.S. Supreme Court) (543 U.S. 499; 125 S.Ct. 1141) (February 23, 2005) (Justice O'Connor) by Here the Court held that a state prison policy that temporarily segregates new inmates must be evaluated under a "strict scrutiny" standard rather than the more liberal "rational relationship" standard …

U.S. v. Navarro-Vegas, No. 02-50663 (9th Cir.) (367 F.3d 896) (May 4, 2004) (Judge Robert R. Beezer)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Navarro-Vegas, No. 02-50663 (9th Cir.) (367 F.3d 896) (May 4, 2004) (Judge Robert R. Beezer) by This decision is noted for Judge Kozinski's strong dissent in which he challenged the propriety of a model instruction to grand jurors that prohibits them from considering the wisdom of the criminal …

U.S. v. Curbelo, No. 02-4194 (4th Cir.) (343 F.3d 273) (September 11, 2003) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Jurors - Removal/Excusing

U.S. v. Curbelo, No. 02-4194 (4th Cir.) (343 F.3d 273) (September 11, 2003) (Judge Carolyn Dineen King) by In this case, citing the provisions of Rule 23(b) of the Fed.R.Crim.P., a divided panel held that the district court had committed structural error, requiring reversal without any showing of prejudice, by …

Braun v. Baldwin, No. 02-4143 (7th Cir.) (346 F.3d 761) (October 10, 2003) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Jury Nullification

Braun v. Baldwin, No. 02-4143 (7th Cir.) (346 F.3d 761) (October 10, 2003) (Judge Richard A. Posner) by Here the Court upheld the dismissal of a civil rights lawsuit based on an infringement of freedom of speech, holding that the plaintiff had no First Amendment right to hand out pamphlets …

U.S. v. Adams, No. 02-50196 (9th Cir.) (343 F.3d 1024) (September 10, 2003) (Judge Richard C. Tallman)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Adams, No. 02-50196 (9th Cir.) (343 F.3d 1024) (September 10, 2003) (Judge Richard C. Tallman) by Here, building on its decision in U.S. v. Marcucci, 299 F.3d 1156 (2002), the Court held that that a model jury charge telling grand jurors not to consider the wisdom of criminal …

Dunn v. U.S., No. 393 (U.S. Supreme Court) (284 U.S. 390; 52 S.Ct. 189) (January 11, 2032) (Justice Holmes)

Article • July 22, 2003

Filed under: Punch And Jurists, Jury Nullification

Dunn v. U.S., No. 393 (U.S. Supreme Court) (284 U.S. 390; 52 S.Ct. 189) (January 11, 2032) (Justice Holmes) by In this case the Court also characterized the practice of jury nullification as the "assumption of a power" which a jury has "no right to exercise." (Id., at 393).