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Article • March 1, 2005 • from P&J March, 2005
Hayes v. Brown, No. 99-99030 (9th Cir.) (399 F.3d 972) (March 7, 2005) (Judge Sidney R. Thomas) by Petitioner inmate petitioned for a writ of habeas corpus pursuant to 28 U.S.C.S. § 2254, challenging his conviction for first-degree murder and burglary and his death sentence. The United States District Court …
Article • August 29, 2004
U.S. v. Wong, No. 74-625 (U.S. Supreme Court) (431 U.S. 174; 97 S.Ct. 1823) (May 23, 1977) (Justice Burger) by Here the Court affirmed the principle that when grand jury witnesses must choose between incriminating themselves with the truth or lying, perjury is simply not an option. Just one year …
Article • August 29, 2004
U.S. v. Mandujano, No. 74-754 (U.S. Supreme Court) (425 U.S. 564; 96 S.Ct. 1768) (May 19, 1976) (Justice Burger) by A plurality of the Court held that a grand jury witness, who was also a suspect, could be prosecuted for perjury even though he was not given full Miranda warnings; …
Article • February 1, 2004 • from P&J February, 2004
U.S. v. D'Angelo, No. 02 CR 399 (JG) (E.D.N.Y.) (2004 U.S. Dist. LEXIS 2239) (February 18, 2004) (Judge John Gleeson) by Based principally on the conflicting testimony of three alleged accomplice witnesses, Angel D’Angelo was convicted at trial of committing murder in aid of racketeering, in violation of 18 U.S.C. …
Article • February 1, 2004 • from P&J February, 2004
Richardson v. Briley, No. 00 C 6425 (N.D.Ill.) (2004 U.S. Dist. LEXIS 1638) (February 9, 2004) (Judge Matthew F. Kennelly) by In April 1984, Floyd Richardson was tried and convicted for the robbery and murder of a food store clerk that took place four years earlier. He was sentenced to …
Article • July 1, 2003 • from P&J July, 2003
Limone v. U.S., No. Civ. No. 02-10890-NG (D.Mass.) (271 F.Supp.2d 345) (July 17, 2003) (Judge Nancy Gertner) by On March 12, 1965, a man named Teddy Deegan was murdered in Massachusetts. FBI agents in Boston had immediate, specific information that the murder was in fact carried out by several undercover …
Article • December 1, 2002 • from P&J December, 2002
U.S. v. Gale, No. 01-3011 (D.C. Cir.) (314 F.3d 1) (January 7, 2003) (Judge Stephen F. Williams) by The case addressed the issue of whether convicted defendants have any rights to challenge their convictions that were based, at least in part, on the testimony of a frequently used and highly …
Article • July 27, 2002
Dunn v. U.S., No. 77-6949 (U.S. Supreme Court) (442 U.S. 100; 99 S.Ct. 2190) (June 4, 1979) (Justice Marshall) by Case held that an interview in a private attorney's office at which a sworn statement is given does not constitute a "proceeding ancillary to a court or grand jury" within …
Article • May 1, 2002 • from P&J May, 2002
U.S. v. Mason, No. 01-30538 (5th Cir.) (293 F.3d 826) (June 10, 2002) (Judge Edith Brown Clement) by Here the Court vacated a drug conviction because the government's primary witness at trial falsely stated that he had not entered into a plea agreement, which prevented the defense from from effectively …
Article • April 1, 2002 • from P&J April, 2002
Jenkins v. Artuz, No. 01-2328 (2nd Cir.) (294 F.3d 284) (April 1, 2002) (Judge Robert D. Sack) by Sometimes, the win-at-any-cost attitude of prosecutors is not only astonishing, it is downright appalling. The ADA in this case, Therese Lendino, had special reason to be particularly careful about the rights of …
Article • February 7, 2002
Weiler v. U.S., No. 340 (U.S. Supreme Court) (323 U.S. 606; 65 S.Ct. 548) (January 29, 2045) (Justice Black) by The issue raised in this case was whether it was reversible error to refuse to give the "two witness rule" jury instruction in a case where the petitioner was accused …
Article • February 7, 2002
Hammer v. U.S., No. 317 (U.S. Supreme Court) (271 U.S. 620; 46 S.Ct. 603) (June 7, 2026) (Justice Butler) by The petitioner in this case was accused of suborning perjury in his bankruptcy proceedings. On appeal, one of the issues raised was whether there was sufficient evidence to convict the …
Article • January 1, 2002 • from P&J January, 2002
U.S. v. Daniels, No. Crim. No. 01-40002-01-KHV (D.Kan.) (174 F.Supp.2d 1209) (November 9, 2001) (Judge Kathryn H. Vratil) by This case is noted for its brief discussion of the so-called "two-witness rule" - a common law rule that arose in England in the seventeenth century which held that, while the …
Article • August 1, 2001 • from P&J August, 2001
U.S. v. Sebaggala, No. 99-1349 (1st Cir.) (256 F.3d 59) (July 16, 2001) (Judge Bruce M. Selya) by The defendant in this case, the Mayor of the capitol city of Kampala, Uganda, was charged with a number of crimes stemming from his currency exchange business in Uganda. Among the charges …
Article • January 16, 2001
Alcorta v. Texas, No. 139 (U.S. Supreme Court) (355 U.S. 28; 78 S.Ct. 103) (November 12, 2057) (Per Curiam) by In this case the Court was confronted with a prosecutor who on direct examination knowingly allowed a witness to create a false impression of his disputed relationship with the defendant's …
Article • January 16, 2001
Mooney v. Holohan, No. None (U.S. Supreme Court) (294 U.S. 103; 55 S.Ct. 340) (January 21, 2035) (Per Curiam) by In this case, the petitioner alleged that "the sole basis of his conviction was perjured testimony, which was knowingly used by prosecuting authorities in order to obtain that conviction . …
Article • January 16, 2001
Pyle v. Kansas, No. 50 (U.S. Supreme Court) (317 U.S. 213; 63 S.Ct. 177) (December 7, 2042) (Justice Murphy) by Here, continuing to express its serious concerns about the use of perjured testimony to achieve convictions (concerns first expressed in Mooney v. Holohan, 294 U.S. 103 (1935), the Court observed: …
Article • December 1, 2000 • from P&J December, 2000
Commonwealth of the Northern Mariana Islands v. Bowie, No. 99-10552 (9th Cir.) (243 F.3d 1109) (January 10, 2001) (Judge Stephen S. Trott) by Here the Court vacated a murder conviction and ordered a new trial because the prosecution shirked its duty by ignoring, if not burying, potentially important exculpatory evidence …
Article • November 1, 2000 • from P&J November, 2000
U.S. v. Williams, No. 00-3003 (D.C. Cir.) (233 F.3d 592) (December 8, 2000) (Judge A. Raymond Randolph) by We first visited the escapades of Detective Johnny St. Valentine-Brown (Brown) in U.S. v. Jones, 84 F.Supp.2d 124 (D.D.C. 1999) (P&J, 3/27/00), where we noted that the District of Columbia’s “resident narcotics …
Article • March 1, 2000 • from P&J March, 2000
U.S. v. Jones, No. 98-CR-359 (D.D.C.) (84 F.Supp.2d 124) (December 13, 1999) (Judge Stanley Sporkin) by Here Judge Sporkin granted a new trial based on newly discovered evidence that a police expert witness had falsified his education and credentials, rejecting a Government claim that the decision would have a precedential …
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