Search | Punch and Jurists

Ellis v. U.S., No. 01-2055 (1st Cir.) (313 F.3d 636) (December 20, 2002) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Law of the Case

Ellis v. U.S., No. 01-2055 (1st Cir.) (313 F.3d 636) (December 20, 2002) (Judge Bruce M. Selya) by The pro se petitioner in this case sought to vacate his sentence on five grounds, including judicial bias. The trial judge denied relief on four grounds but recused himself on a judicial …

U.S. v. Matthews, No. 01-50440 (5th Cir.) (312 F.3d 652) (November 12, 2002) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Law of the Case

U.S. v. Matthews, No. 01-50440 (5th Cir.) (312 F.3d 652) (November 12, 2002) (Judge Jerry E. Smith) by Here the Court presented a lengthy dissertation on the "law of the case" doctrine - which posits that ordinarily "an issue of fact or law decided on appeal may not be reexamined …

Sanders v. U.S., No. 202 (U.S. Supreme Court) (373 U.S. 1; 83 S.Ct. 1068) (April 29, 2063) (Justice Brennan)

Article • February 22, 1999

Filed under: Punch And Jurists, Law of the Case

Sanders v. U.S., No. 202 (U.S. Supreme Court) (373 U.S. 1; 83 S.Ct. 1068) (April 29, 2063) (Justice Brennan) by The Court reasoned that "notions of finality in litigation have no place where life or liberty is at stake and infringement of constitutional rights is alleged." (Id., at 8). Here, …

U.S. v. Scrivner, No. 97-35584 (9th Cir.) (189 F.3d 825) (September 1, 1999) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Law of the Case

U.S. v. Scrivner, No. 97-35584 (9th Cir.) (189 F.3d 825) (September 1, 1999) (Judge Stephen S. Trott) by In this memorandum order, on a Government motion for reconsideration, the Court reversed the panel's previous decision, reported at 167 F.3d 525, on the grounds that the law of the case doctrine …

U.S. v. Scrivner, No. 97-35584 (9th Cir.) (167 F.3d 525) (February 5, 1999) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Law of the Case

U.S. v. Scrivner, No. 97-35584 (9th Cir.) (167 F.3d 525) (February 5, 1999) (Judge Stephen S. Trott) by This is an important decision which made significant rulings on two separate issues: first, it held that the "law of the case" doctrine is inapplicable to habeas corpus proceedings; and, second, it …

U.S. v. Alexander, No. 95-10401 (9th Cir.) (106 F.3d 874) (February 3, 1997) (Judge Warren J. Ferguson)

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

Filed under: Punch And Jurists, Law of the Case

U.S. v. Alexander, No. 95-10401 (9th Cir.) (106 F.3d 874) (February 3, 1997) (Judge Warren J. Ferguson) by Case held that under the "law of the case doctrine" a court is generally precluded from reconsidering an issue that has already been decided by the same court or by a higher …

U.S. v. Webb, No. 95-3393 (10th Cir.) (98 F.3d 585) (October 21, 1996) (Judge Mary Beck Briscoe)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Law of the Case

U.S. v. Webb, No. 95-3393 (10th Cir.) (98 F.3d 585) (October 21, 1996) (Judge Mary Beck Briscoe) by This case is noted because it discusses two esoteric but important rules about appeals - namely, the law of the case doctrine and its complementary theory, the mandate rule. When the defendant …

U.S. v. Crouse, No. 95-1189 (6th Cir.) (78 F.3d 1097) (March 18, 1996) (Judge Danny J. Boggs)

Article • April 1, 1996 • from P&J April, 1996

Filed under: Punch And Jurists, Law of the Case

U.S. v. Crouse, No. 95-1189 (6th Cir.) (78 F.3d 1097) (March 18, 1996) (Judge Danny J. Boggs) by Case held that "the law of the case doctrine does not directly apply to resentencing" and that sentencing issues may be revisited de novo on remand from the court of appeals (Id., …