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Waller v. Georgia, No. 83-321 (U.S. Supreme Court) (467 U.S. 39; 104 S.Ct. 2210) (May 21, 1984) (Justice Powell)

Article • January 14, 2007

Filed under: Punch And Jurists, Structural Error

Waller v. Georgia, No. 83-321 (U.S. Supreme Court) (467 U.S. 39; 104 S.Ct. 2210) (May 21, 1984) (Justice Powell) by This is the Supreme Court's seminal case on courtroom closures, where it held that the Sixth Amendment guaranteed of public trials means that the closure of criminal proceedings to the …

U.S. v. Belevin-Ramales, No. Crim. No. 06-20 (E.D.Ky.) (458 F.Supp.2d 409) (October 18, 2006) (Judge Karen K. Caldwell)

Article • January 1, 2007 • from P&J January, 2007

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Belevin-Ramales, No. Crim. No. 06-20 (E.D.Ky.) (458 F.Supp.2d 409) (October 18, 2006) (Judge Karen K. Caldwell) by This is an interesting decision regarding the Government’s burden of proof in a prosecution against a defendant for harboring an alien - an issue that could become vastly more important as …

U.S. v. Pickett, No. 03-3018 (D.C. Cir.) (353 F.3d 62) (January 9, 2004) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Pickett, No. 03-3018 (D.C. Cir.) (353 F.3d 62) (January 9, 2004) (Judge David B. Sentelle) by The United States District Court for the District of Columbia entered a final judgment of conviction after a jury found defendant guilty of violating federal law by making false statements in a …

U.S. v. Allen, No. 98-2549 (8th Cir.) (357 F.3d 745) (February 2, 2004) (Judge Michael J. Melloy)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Allen, No. 98-2549 (8th Cir.) (357 F.3d 745) (February 2, 2004) (Judge Michael J. Melloy) by On remand from the Supreme Court in light of its holdings in Apprendi v. New Jersey, 530 U.S. 466 (2000) and Ring v. Arizona, 536 U.S. 534 (2002), defendant appealed the judgment …

U.S. v. Toliver, No. 01-10222 (9th Cir.) (351 F.3d 423) (December 3, 2003) (Judge Richard A. Paez)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Toliver, No. 01-10222 (9th Cir.) (351 F.3d 423) (December 3, 2003) (Judge Richard A. Paez) by The Court held that the defendants were not entitled to a judgment of acquittal based on the government's including specific drug quantities and types in the indictment and the jury's inability to …

Richardson v. U.S., No. 97-8629 (U.S. Supreme Court) (526 U.S. 813; 119 S.Ct. 1707) (June 1, 1999) (Justice Breyer)

Article • June 14, 2003 • from P&J May, 1999

Filed under: Punch And Jurists, Elements of Offense

Richardson v. U.S., No. 97-8629 (U.S. Supreme Court) (526 U.S. 813; 119 S.Ct. 1707) (June 1, 1999) (Justice Breyer) by Here the Court held that a jury in a CCE case under 21 USC §848 case must unanimously agree not only that the defendant committed some “continuing series of violations,” …

U.S. v. Bynum, No. 02-10016 (9th Cir.) (327 F.3d 986) (April 30, 2003) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Bynum, No. 02-10016 (9th Cir.) (327 F.3d 986) (April 30, 2003) (Judge Arthur L. Alarcon) by In this case the Ninth Circuit rejected a challenge to the facial constitutionally of 18 U.S.C. § 666 (pertaining to the theft of Federal funds), and ruled that a finding of a …

U.S. v. Esterman, No. 01-2594 (7th Cir.) (324 F.3d 565) (April 2, 2003) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Esterman, No. 01-2594 (7th Cir.) (324 F.3d 565) (April 2, 2003) (Judge Diane P. Wood) by The defendant in this case, Gary Esterman, stole money from his Russian business partner by taking funds from a joint business bank account and transferring them, in at least 33 separate transactions …

Cabana v. Bullock, No. 84-1236 (U.S. Supreme Court) (474 U.S. 376; 106 S.Ct. 689) (January 22, 1986) (Justice White)

Article • October 17, 2002

Filed under: Punch And Jurists, Elements of Offense

Cabana v. Bullock, No. 84-1236 (U.S. Supreme Court) (474 U.S. 376; 106 S.Ct. 689) (January 22, 1986) (Justice White) by Here the Court held that the fact-finding required by the 8th Amendment as a prerequisite for the death penalty, that the defendant killed or used lethal force, need not be …

Carella v. California, No. 87-6997 (U.S. Supreme Court) (491 U.S. 263; 109 S.Ct. 2419) (June 15, 1989) (Per Curiam)

Article • October 15, 2002

Filed under: Punch And Jurists, Elements of Offense

Carella v. California, No. 87-6997 (U.S. Supreme Court) (491 U.S. 263; 109 S.Ct. 2419) (June 15, 1989) (Per Curiam) by The apppellant in this case, Eugene Carella, was convicted by a California jury of grand theft for failure to return a rented car. At his trial, the judge instructed the …

U.S. v. Cotton, No. 01-687 (U.S. Supreme Court) (535 U.S. 625; 122 S.Ct. 1781) (May 20, 2002) (Justice Rehnquist)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Cotton, No. 01-687 (U.S. Supreme Court) (535 U.S. 625; 122 S.Ct. 1781) (May 20, 2002) (Justice Rehnquist) by Here the Court unanimously held drug sentences enhanced by judges with drug quantities not stated in the indictment may not be vacated where the defendant failed to raise any objections …

Neder v. U.S., No. 97-1985 (U.S. Supreme Court) (527 U.S. 1; 119 S.Ct. 1827) (June 10, 1999) (Justice Rehnquist)

Article • January 26, 2002

Filed under: Punch And Jurists, Structural Error

Neder v. U.S., No. 97-1985 (U.S. Supreme Court) (527 U.S. 1; 119 S.Ct. 1827) (June 10, 1999) (Justice Rehnquist) by The Supreme Court also affirmed that the denial of a right to a public trial was a structural error and held that "errors of this type are so intrinsically harmful …

U.S. v. Harbin, No. 99-3255 (7th Cir.) (250 F.3d 532) (May 8, 2001) (Judge Ilana Diamond Rovner)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Structural Error

U.S. v. Harbin, No. 99-3255 (7th Cir.) (250 F.3d 532) (May 8, 2001) (Judge Ilana Diamond Rovner) by Here the Court held that the district court committed structural error that was automatically reversible when it permitted the Government to use one of its "saved" peremptory challenges to remove a juror …

Staples v. U.S., No. 92-1441 (U.S. Supreme Court) (511 U.S. 600; 114 S.Ct. 1793) (May 23, 1994) (Justice Thomas)

Article • June 18, 2000

Filed under: Punch And Jurists, Elements of Offense

Staples v. U.S., No. 92-1441 (U.S. Supreme Court) (511 U.S. 600; 114 S.Ct. 1793) (May 23, 1994) (Justice Thomas) by In this case the Court held that, to obtain a conviction under the National Firearms Act, 26 U.S.C. § 5861(d), the Government must prove beyond a reasonable doubt that the …

U.S. v. Pirro, No. S2 99 CR. 182(BDP) (S.D.N.Y.) (96 F.Supp.2d 279) (December 9, 1999) (Judge Barrington D. Jr. Parker)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Pirro, No. S2 99 CR. 182(BDP) (S.D.N.Y.) (96 F.Supp.2d 279) (December 9, 1999) (Judge Barrington D. Jr. Parker) by In this case the Government and the defendant disputed whether the law requires an individual who is not a shareholder of record but who, as a "de facto " …

U.S. v. Rios-Quintero, No. 98-51084 (5th Cir.) (204 F.3d 214) (February 10, 2000) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Rios-Quintero, No. 98-51084 (5th Cir.) (204 F.3d 214) (February 10, 2000) (Judge Harold R. Jr. DeMoss) by In this case the Fifth Circuit held that the Supreme Court's decision in Jones v. U.S., 526 U.S. 227 (1999) was "not sufficiently clear or obvious" to warrant changing its precedent …

U.S. v. Olaniyi-Oke, No. 98-51124 (5th Cir.) (199 F.3d 767) (December 30, 1999) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Olaniyi-Oke, No. 98-51124 (5th Cir.) (199 F.3d 767) (December 30, 1999) (Judge Jerry E. Smith) by United States v. Olaniyi-Oke, 199 F.3d 767 (5th Cir. 1999) (Judge Smith) United States v. Hartsel, 199 F.3d 812 (6th Cir. 1999) (Judge McKinley) Both of these cases are unusual in that …

U.S. v. Hartsel, No. 98-3639 (6th Cir.) (199 F.3d 812) (December 16, 1999) (Judge Joseph H. Jr. McKinley)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Hartsel, No. 98-3639 (6th Cir.) (199 F.3d 812) (December 16, 1999) (Judge Joseph H. Jr. McKinley) by United States v. Olaniyi-Oke, 199 F.3d 767 (5th Cir. 1999) (Judge Smith) United States v. Hartsel, 199 F.3d 812 (6th Cir. 1999) (Judge McKinley) Both of these cases are unusual in …

U.S. v. Jones, No. 97-1377 (10th Cir.) (194 F.3d 1178) (November 12, 1999) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Jones, No. 97-1377 (10th Cir.) (194 F.3d 1178) (November 12, 1999) (Judge Carlos Lucero) by United States v. Jones, 194 F.3d 1178 (10th Cir. 1999) (Judge Lucero) United States v. Santos, 195 F.3d 549 (10th Cir. 1999) (Judge Tacha) Both of these cases deal with the latest expansion …

U.S. v. Allen, No. 97-8424 (11th Cir.) (190 F.3d 1208) (September 29, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Allen, No. 97-8424 (11th Cir.) (190 F.3d 1208) (September 29, 1999) (Per Curiam) by Here the Court held that, under 18 USC § 1791(d)(1)(B), intent to use a "prohibited object" as a weapon is an essential element of the offense and not merely a sentencing factor. In this …