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Currier v. Virginia, No. 16-1348 (U.S. Supreme Court) (585 U.S. ___; 138 S.Ct. 2144) (June 22, 2018) (Justice Gorsuch)

Article • June 11, 2018 • from P&J June, 2018

Filed under: Punch And Jurists, Waiver

Currier v. Virginia, No. 16-1348 (U.S. Supreme Court) (585 U.S. ___; 138 S.Ct. 2144) (June 22, 2018) (Justice Gorsuch) by This is a complicated case that addressed some highly fact-specific issues that generated a sharp debate among the Justices about the reach of the protections of the Fifth Amendment’s Double …

U.S. v. Ornelas, No. 14-50533 (9th Cir.) (828 F.3d 1018) (May 4, 2016) (Judge Timothy M. Tymkovich)

Article • November 21, 2016 • from P&J November, 2016

Filed under: Punch And Jurists, Waiver

U.S. v. Ornelas, No. 14-50533 (9th Cir.) (828 F.3d 1018) (May 4, 2016) (Judge Timothy M. Tymkovich) by Israel Ornelas was arrested in 2013 by federal law enforcement after DEA agents observed Ornelas's involvement in the purchase of methamphetamine. At the time, Ornelas and four co-defendants had already been indicted …

Menna v. New York, No. 75-5401 (U.S. Supreme Court) (423 U.S. 61; 96 S.Ct. 241) (November 17, 1975) (Per Curiam)

Article • October 17, 2005

Filed under: Punch And Jurists, Preservation of Appellate Rights/Issues

Menna v. New York, No. 75-5401 (U.S. Supreme Court) (423 U.S. 61; 96 S.Ct. 241) (November 17, 1975) (Per Curiam) by The petitioner in this case had refused, after a grant of immunity, to obey a court order to testify before a grand jury. He was adjudicated in contempt of …

U.S. v. Hedaithy, No. 03-1566 (3rd Cir.) (392 F.3d 580) (December 16, 2004) (Judge Walter K. Stapleton)

Article • January 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Waiver

U.S. v. Hedaithy, No. 03-1566 (3rd Cir.) (392 F.3d 580) (December 16, 2004) (Judge Walter K. Stapleton) by This case arose out of a huge scheme in which some 65 foreign nationals of Arab descent paid imposters to take the Test of English as a Foreign Language (“TOEFL”) so defendant/aliens …

U.S. v. Gallant, No. 01-2679 (1st Cir.) (306 F.3d 1181) (October 15, 2002) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Preservation of Appellate Rights/Issues

U.S. v. Gallant, No. 01-2679 (1st Cir.) (306 F.3d 1181) (October 15, 2002) (Judge Sandra L. Lynch) by The principal issue in this appeal was whether the defendant had forfeited his right to object to the district court’s refusal at sentencing to grant him an additional one-level downward adjustment for …

U.S. v. Ardley, No. 98-7033 (11th Cir.) (242 F.3d 989) (February 20, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Preservation of Appellate Rights/Issues

U.S. v. Ardley, No. 98-7033 (11th Cir.) (242 F.3d 989) (February 20, 2001) (Per Curiam) by After the Eleventh Circuit's earlier unpublished decision in this case (reported at 202 F.3d 287 (11th Cir. 2000) (Table) was vacated by the Supreme Court (121 S.Ct. 751 (2001)) and remanded for further review …

U.S. v. Cain, No. 97-2991 (7th Cir.) (155 F.3d 840) (August 12, 1998) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Preservation of Appellate Rights/Issues

U.S. v. Cain, No. 97-2991 (7th Cir.) (155 F.3d 840) (August 12, 1998) (Judge Ilana Diamond Rovner) by In holding that the defendant had failed to preserve his rights to contest the denial of a suppression motion when he entered into an uncondictional guilty plea, the Court stated: "The Federal …

U.S. v. Dobish, No. 95-2183 (6th Cir.) (102 F.3d 760) (November 19, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Preservation of Appellate Rights/Issues

U.S. v. Dobish, No. 95-2183 (6th Cir.) (102 F.3d 760) (November 19, 1996) (Per Curiam) by Court held that the failure to object to a sentence enhancement operates as a waiver. (Id., at 762).