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Kansas v. Ventris, No. 07-1356 (U.S. Supreme Court) (556 U.S. 586; 129 S.Ct. 1841) (April 29, 2009) (Justice Scalia)

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

Filed under: Punch And Jurists, Massiah Rule

Kansas v. Ventris, No. 07-1356 (U.S. Supreme Court) (556 U.S. 586; 129 S.Ct. 1841) (April 29, 2009) (Justice Scalia) by The question before the Court in this case was whether a defendant's voluntary incriminating statements made to a jailhouse informant are admissible to impeach the defendant’s conflicting statements - in …

U.S. v. Gouveia, No. 83-128 (U.S. Supreme Court) (467 U.S. 180; 104 S.Ct. 2292) (May 29, 1984) (Justice Rehnquist)

Article • August 6, 2005

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Gouveia, No. 83-128 (U.S. Supreme Court) (467 U.S. 180; 104 S.Ct. 2292) (May 29, 1984) (Justice Rehnquist) by The Court stated: "In a line of constitutional cases in this Court stemming back to the Court's landmark decision in Powell v. Alabama [287 U.S. 45 (1932)] it has been …

U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (225 F.Supp.2d 1022) (August 13, 2002) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (225 F.Supp.2d 1022) (August 13, 2002) (Judge Mark W. Bennett) by Defendant was being held in jail pending trial on two indictments involving charges that grew out of a continuing investigation of the criminal conduct, including drug trafficking, of defendant's sometime boyfriend. Plaintiff …

Massiah v. U.S., No. 199 (U.S. Supreme Court) (377 U.S. 201; 84 S.Ct. 1199) (May 18, 2064) (Justice Stewart)

Article • June 23, 2002

Filed under: Punch And Jurists, Massiah Rule

Massiah v. U.S., No. 199 (U.S. Supreme Court) (377 U.S. 201; 84 S.Ct. 1199) (May 18, 2064) (Justice Stewart) by Court held that the Sixth Amendment right to counsel, even though that right is offense specific, prohibits the Government from deliberately eliciting "incriminating evidence" from an accused after he has …

U.S. v. Henry, No. 79-121 (U.S. Supreme Court) (447 U.S. 264; 100 S.Ct. 2183) (June 16, 1980) (Justice Burger)

Article • June 16, 2002

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Henry, No. 79-121 (U.S. Supreme Court) (447 U.S. 264; 100 S.Ct. 2183) (June 16, 1980) (Justice Burger) by This case involved a bank robbery, for which Henry was eventually arrested and held in the Norfolk, Virginia, city jail, following indictment and appointment of counsel. Shortly after Henry was …

Brewer v. Williams, No. 74-1263 (U.S. Supreme Court) (430 U.S. 387; 97 S.Ct. 1232) (March 23, 1977) (Justice Stewart)

Article • June 16, 2002

Filed under: Punch And Jurists, Massiah Rule

Brewer v. Williams, No. 74-1263 (U.S. Supreme Court) (430 U.S. 387; 97 S.Ct. 1232) (March 23, 1977) (Justice Stewart) by In this case, after the defendant was arrested, booked and given his Miranda rights, he was driven by a detective from Davenport to Des Moines. In the course of that …

Maine v. Moulton, No. 84-786 (U.S. Supreme Court) (474 U.S. 159; 106 S.Ct. 477) (December 10, 1985) (Justice Brennan)

Article • June 15, 2002

Filed under: Punch And Jurists, Massiah Rule

Maine v. Moulton, No. 84-786 (U.S. Supreme Court) (474 U.S. 159; 106 S.Ct. 477) (December 10, 1985) (Justice Brennan) by Case held that the Government violated the defendant's Sixth Amendment right to counsel when it interrogated him post-indictment without counsel, even though this interrogation was part of a legitimate investigation …

Kuhlmann v. Wilson, No. 84-1479 (U.S. Supreme Court) (477 U.S. 436; 106 S.Ct. 2616) (June 26, 1986) (Justice Powell)

Article • June 15, 2002

Filed under: Punch And Jurists, Massiah Rule

Kuhlmann v. Wilson, No. 84-1479 (U.S. Supreme Court) (477 U.S. 436; 106 S.Ct. 2616) (June 26, 1986) (Justice Powell) by This the only decision in which the Supreme Court has denied relief on a "Massiah claim." Here the Court considered a case in which a "jailhouse informant" was purportedly placed …

U.S. v. Johnson, No. CR 00-3034 (N.D.Iowa) (196 F.Supp.2d 795) (April 23, 2002) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Johnson, No. CR 00-3034 (N.D.Iowa) (196 F.Supp.2d 795) (April 23, 2002) (Judge Mark W. Bennett) by This decision is noted for Judge Bennett's 321-page analysis of the Messiah doctrine which bars the Government from using a jailhouse informant to "deliberately elicit" incriminating statements from a defendant outside the …

Kirby v. Illinois, No. 70-5061 (U.S. Supreme Court) (406 U.S. 682; 92 S.Ct. 1877) (June 7, 1972) (Justice Stewart)

Article • February 5, 2001

Filed under: Punch And Jurists, Massiah Rule

Kirby v. Illinois, No. 70-5061 (U.S. Supreme Court) (406 U.S. 682; 92 S.Ct. 1877) (June 7, 1972) (Justice Stewart) by Here the Court held that a person's Sixth and Fourteenth Amendment right to counsel attaches only at or after the time that adversary judicial proceedings have been initiated against him …

U.S. v. Hayes, No. 98-50609 (9th Cir.) (231 F.3d 663) (November 8, 2000) (Judge Pamela Ann Rymer)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Hayes, No. 98-50609 (9th Cir.) (231 F.3d 663) (November 8, 2000) (Judge Pamela Ann Rymer) by In this en banc decision, a majority of the court essentially affirmed a panel's previous decision, reported at 190 F.3d 939, over the strong dissent of Judge Reinhardt, in which he was …

U.S. v. Moody, No. 98-6142 (6th Cir.) (206 F.3d 609) (January 25, 2000) (Judge Eric L. Clay)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Moody, No. 98-6142 (6th Cir.) (206 F.3d 609) (January 25, 2000) (Judge Eric L. Clay) by Here the Sixth Circuit reluctantly followed current Supreme Court precedent in holding that a defendant has no right to counsel in pre-indictment criminal proceedings, a policy which it shaprly criticized as out …

U.S. v. Hayes, No. 98-50609 (9th Cir.) (190 F.3d 939) (September 8, 1999) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Hayes, No. 98-50609 (9th Cir.) (190 F.3d 939) (September 8, 1999) (Judge Pamela Ann Rymer) by The defendant in this case, Darnell Hayes, a college professor, was a target of an investigation into what the court described as "a complicated, multi-party scheme to sell grades for classes that …

U.S. v. Lozada-Rivera, No. 98-1351 (1st Cir.) (177 F.3d 98) (May 27, 1999) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Lozada-Rivera, No. 98-1351 (1st Cir.) (177 F.3d 98) (May 27, 1999) (Judge Hugh H. Bownes) by Here the Court held that the trial court erred in admitting jailhouse statements made by the defendant to a cooperating witness without the benefit of counsel; and that the error was not …

Matteo v. Superintendent, SCI Albion, No. 96-2115 (3rd Cir.) (171 F.3d 877) (March 24, 1999) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Massiah Rule

Matteo v. Superintendent, SCI Albion, No. 96-2115 (3rd Cir.) (171 F.3d 877) (March 24, 1999) (Judge Anthony J. Scirica) by Here the Court rejected a claim that the Government had deliberately elicited incriminating statements from the defendant, and in the process reviewed in detail the Supreme Court cases dealing with …

U.S. v. Doherty, No. 95-2231 (6th Cir.) (126 F.3d 769) (September 15, 1997) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Doherty, No. 95-2231 (6th Cir.) (126 F.3d 769) (September 15, 1997) (Judge Danny J. Boggs) by See Massiah v. U.S., 377 U.S. 201 (1964) and Maine v. Moulton, 474 U.S. 159 (1985). Case held that the Sixth Amendment right to counsel extends to interrogations on new charges where …

U.S. v. Arnold, No. 96-1174 (3rd Cir.) (106 F.3d 37) (February 4, 1997) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Arnold, No. 96-1174 (3rd Cir.) (106 F.3d 37) (February 4, 1997) (Judge Richard L. Nygaard) by This case raises an unusual Sixth Amendment issue: Once a defendant has been indicted, and the Government knows he is represented by counsel, does the right to counsel carry over to subsequent …

U.S. v. Arnold, No. 96-1174 (3rd Cir.) (106 F.3d 37) (February 4, 1997) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Arnold, No. 96-1174 (3rd Cir.) (106 F.3d 37) (February 4, 1997) (Judge Richard L. Nygaard) by Here the Court held that the right to counsel for the pending charge cannot constituitionally be isolated from the right to counsel for an uncharged offense. To prevent the Government from circumventing …

U.S. v. Stevens, No. 95-1346, No. 1041 (2nd Cir.) (83 F.3d 60) (May 8, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Stevens, No. 95-1346, No. 1041 (2nd Cir.) (83 F.3d 60) (May 8, 1996) (Per Curiam) by Court held that testimony by fellow inmates did not violate the Massiah rule.