Search | Punch and Jurists

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. Luisi, No. Crim. No. 99-10218-WGY (D.Mass.) (568 F.Supp.2d 106) (July 25, 2008) (Judge William G. Young)

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

Filed under: Punch And Jurists, Removal for Cause

U.S. v. Luisi, No. Crim. No. 99-10218-WGY (D.Mass.) (568 F.Supp.2d 106) (July 25, 2008) (Judge William G. Young) by During jury deliberations in this drug case, District Judge William Young was advised by a note from the jury foreman that one “problem juror” was challenging the legitimacy of one of …

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 …

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. 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 …

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 …

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).

U.S. v. Pabon-Cruz, No. 01 Cr. 1187 (S.D.N.Y.) (255 F.Supp.2d 200) (February 4, 2003) (Judge Gerard E. Lynch)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Pabon-Cruz, No. 01 Cr. 1187 (S.D.N.Y.) (255 F.Supp.2d 200) (February 4, 2003) (Judge Gerard E. Lynch) by Calling the mish-mash of Federal child pornography laws “overlapping,” “incongruous,” and even “draconian,” Judge Lynch cut through a broad swath is issues and provided a comprehensive review of sex crimes under …

Wood v. Georgia, No. 369 (U.S. Supreme Court) (370 U.S. 375; 82 S.Ct. 1364) (June 25, 2062) (Justice Warren)

Article • September 6, 2002

Filed under: Punch And Jurists, Jury Nullification

Wood v. Georgia, No. 369 (U.S. Supreme Court) (370 U.S. 375; 82 S.Ct. 1364) (June 25, 2062) (Justice Warren) by In the midst of a local political campaign, a County Judge, in the presence of representatives of news media assembled at the Judge's request, issued a charge to a grand …

U.S. v. Marcucci, No. 01-50468 (9th Cir.) (299 F.3d 1156) (August 16, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Marcucci, No. 01-50468 (9th Cir.) (299 F.3d 1156) (August 16, 2002) (Per Curiam) by Here a divided panel rejected a challenge that the standard form of instructions to a grand jury were unconstitutional because they failed to advise the jurors that they had the right to refuse to …

U.S. v. Funches, No. 96-5244 (11th Cir.) (135 F.3d 1405) (February 24, 1998) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Funches, No. 96-5244 (11th Cir.) (135 F.3d 1405) (February 24, 1998) (Judge James Larry Edmondson) by One of the issues addressed in this case was the controversial topic of jury nullification. On that issue, the Court wrote as follows: "Juries sometimes assume the power of nullification; still, nullification …

U.S. v. Thomas, No. 95-1337 (2nd Cir.) (116 F.3d 606) (May 20, 1997) (Judge Jose A. Cabranes)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Thomas, No. 95-1337 (2nd Cir.) (116 F.3d 606) (May 20, 1997) (Judge Jose A. Cabranes) by QUOTE OF THE WEEK - Jury nullification - a different view. Although Judge Wiseman's decision in this case was subsequently vacated by an unpublished order of the Sixth Circuit, his words represent …

U.S. v. Thomas, No. 95-1337 (2nd Cir.) (116 F.3d 606) (May 20, 1997) (Judge Jose A. Cabranes)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Thomas, No. 95-1337 (2nd Cir.) (116 F.3d 606) (May 20, 1997) (Judge Jose A. Cabranes) by When this decision was first announced it was widely billed as the decision that would end all future debate on the politically sensitive issue of jury nullification. Perhaps such promises were based …