Search | Punch and Jurists

U.S. v. Lopez, No. 16-2269 (7th Cir.) (870 F.3d 573) (August 29, 2017) (Judge William J. Bauer)

Article • September 11, 2017 • from P&J September, 2017

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Lopez, No. 16-2269 (7th Cir.) (870 F.3d 573) (August 29, 2017) (Judge William J. Bauer) by

U.S. v. Lull, No. 15-4216 (4th Cir.) (824 F.3d 109) (May 25, 2016) (Judge Allyson Kay Duncan)

Article • August 1, 2016 • from P&J August, 2016

Filed under: Punch And Jurists, Material Ommissions

U.S. v. Lull, No. 15-4216 (4th Cir.) (824 F.3d 109) (May 25, 2016) (Judge Allyson Kay Duncan) by The defendant in this case, Zackary Lull, entered a conditional plea of guilty to one count of possession of a firearm in furtherance of a drug trafficking crime in violation of 18 …

U.S. v. Hayes, No. 11-13678 (11th Cir.) ( F.3d ) (August 12, 2014) (Judge Adalberto Jose Jordan)

Article • August 25, 2014 • from P&J August, 2014

Filed under: Punch And Jurists, Invited Error Doctrine

U.S. v. Hayes, No. 11-13678 (11th Cir.) ( F.3d ) (August 12, 2014) (Judge Adalberto Jose Jordan) by In this white collar sentencing case, a divided panel from the Eleventh Circuit vacated, as substantively unreasonable, a sentence of probation (with a special condition of six to twelve months of home …

U.S. v. Taliaferro, No. 08-CR-7-1-SH (D.N.H.) (2009 U.S. Dist. LEXIS 89805) (September 1, 2009) (Judge Steven J. McAuliffe)

Article • September 1, 2009 • from P&J September, 2009

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Taliaferro, No. 08-CR-7-1-SH (D.N.H.) (2009 U.S. Dist. LEXIS 89805) (September 1, 2009) (Judge Steven J. McAuliffe) by This case is noted for Judge McAuliffe's caustic criticism of the Government’s abuse of its power to make charging decisions in an effort to control the sentencing process, calling it "inconsistent …

U.S. v. Berry, No. 07-1251 (3rd Cir.) (553 F.3d 273) (January 6, 2009) (Judge Theodore A. McKee)

Article • February 1, 2009 • from P&J February, 2009

Filed under: Punch And Jurists, Improper Comment

U.S. v. Berry, No. 07-1251 (3rd Cir.) (553 F.3d 273) (January 6, 2009) (Judge Theodore A. McKee) by Here the Court held that the district court’s reliance on “unsupported speculation” about the defendants’ prior criminal history and their arrest records denied them their due process rights, constituted plain error and …

U.S. v. Dicus, No. CR-07-32-MWB (N.D.Iowa) (579 F.Supp.2d 1142) (September 24, 2008) (Judge Mark W. Bennett)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Dicus, No. CR-07-32-MWB (N.D.Iowa) (579 F.Supp.2d 1142) (September 24, 2008) (Judge Mark W. Bennett) by Judge Bennett has written another compelling and fascinating decision in which he explained his rationale for reducing a defendant’s sentence “as a sanction for the prosecution’s serious breach of the defendant’s plea agreement.” …

Eberhart v. U.S., No. 04-9949 (U.S. Supreme Court) (546 U.S. 12; 126 S.Ct. 403) (October 31, 2005) (Per Curiam)

Article • May 17, 2008

Filed under: Punch And Jurists, New Trial - Motions for

Eberhart v. U.S., No. 04-9949 (U.S. Supreme Court) (546 U.S. 12; 126 S.Ct. 403) (October 31, 2005) (Per Curiam) by In this case, the Supreme Court expanded on its holding in Kontrick v. Ryan, 540 U.S. 443 (2004) by ruling that Fed. R. Crim. P. 33(a), which includes time limitations …

U.S. v. Christman, No. 06-3266 (6th Cir.) (509 F.3d 299) (November 20, 2007) (Judge Richard Allen Griffin)

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

Filed under: Punch And Jurists, Ex Parte and In Camera Communications

U.S. v. Christman, No. 06-3266 (6th Cir.) (509 F.3d 299) (November 20, 2007) (Judge Richard Allen Griffin) by This is an interesting decision that highlights what Judge Boggs referred to in his dissent as a “genuine conundrum” - namely what can - or should - be done when a sentencing …

U.S. v. Mayer, No. 06-50481 (9th Cir.) (503 F.3d 740) (June 6, 2007) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists, Outrageous Government Misconduct

U.S. v. Mayer, No. 06-50481 (9th Cir.) (503 F.3d 740) (June 6, 2007) (Judge Cynthia Holcomb Hall) by This opinion charts the boundaries of police surveillance of the First Amendment and associations. An FBI agent joined the North American Man/Boy Love Association (NAMBLA) to investigate foreign sex trade. Although the …

U.S. v. Mayer, No. 06-50481 (9th Cir.) (490 F.3d 1129) (June 6, 2007) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists, Outrageous Government Misconduct

U.S. v. Mayer, No. 06-50481 (9th Cir.) (490 F.3d 1129) (June 6, 2007) (Judge Cynthia Holcomb Hall) by This opinion charts the boundaries of police surveillance of the First Amendment and associations. An FBI agent joined the North American Man/Boy Love Association (NAMBLA) to investigate foreign sex trade. Although the …

U.S. v. Padilla, No. 04-600001-CR-COOKE (S.D.Fla.) (2007 U.S. Dist. LEXIS 26077) (April 9, 2007) (Judge Marcia G. Cooke)

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

Filed under: Punch And Jurists, Outrageous Government Misconduct

U.S. v. Padilla, No. 04-600001-CR-COOKE (S.D.Fla.) (2007 U.S. Dist. LEXIS 26077) (April 9, 2007) (Judge Marcia G. Cooke) by In this ruling, Judge Marcia Cooke refused to dismiss the Government’s latest terrorism charges against the embattled Jose Padilla on the grounds that he was tortured during the three and a …

Slagle v. Bagley, No. 04-3490 (6th Cir.) (474 F.3d 923) (February 7, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Improper Comment

Slagle v. Bagley, No. 04-3490 (6th Cir.) (474 F.3d 923) (February 7, 2007) (Per Curiam) by In Slagle v. Bagley, 457 F.3d 501 (6th Cir. Aug. 6, 2006) (“Slagle I”), a divided panel from the Sixth Circuit declined to grant petitioner Billy Slagle any post-conviction relief from his death sentence, …

U.S. v. Thorpe, No. 05-2220 (6th Cir.) (471 F.3d 652) (December 27, 2006) (Judge Ronald Lee Gilman)

Article • November 1, 2006 • from P&J November, 2006

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Thorpe, No. 05-2220 (6th Cir.) (471 F.3d 652) (December 27, 2006) (Judge Ronald Lee Gilman) by After the defendant in this case, James Thorpe, an African-American, was indicted for being a felon in possession of a firearm, he moved to dismiss his indictment on the ground that he …

U.S. v. Revolorio-Ramo, No. 03-14361 (11th Cir.) (468 F.3d 771) (October 26, 2006) (Judge Callie V.S. Granade)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

U.S. v. Revolorio-Ramo, No. 03-14361 (11th Cir.) (468 F.3d 771) (October 26, 2006) (Judge Callie V.S. Granade) by This is an interesting due process decision from the Eleventh Circuit. The five Guatemalan defendants were arrested after the U.S. Navy seized their fishing vessel in international waters, some 200 miles south …

Dickson v. Quarterman, No. 05-70032 (5th Cir.) (462 F.3d 470) (August 24, 2006) (Judge Emilio M. Garza)

Article • July 1, 2006 • from P&J July, 2006

Filed under: Punch And Jurists, Prosecutorial Misconduct

Dickson v. Quarterman, No. 05-70032 (5th Cir.) (462 F.3d 470) (August 24, 2006) (Judge Emilio M. Garza) by Here the Court first rejected a habeas petition based on a Brady violation (that the trial court said was sufficiently serious to warrant a new trial) - and then gave a long …

Morris v. Ylst, No. 05-99002 (9th Cir.) (447 F.3d 735) (May 9, 2006) (Judge Susan P. Graber)

Article • April 1, 2006 • from P&J April, 2006

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

Morris v. Ylst, No. 05-99002 (9th Cir.) (447 F.3d 735) (May 9, 2006) (Judge Susan P. Graber) by This is a capital case in which the Court ordered a new penalty phase trial based on prosecutorial misconduct in withholding Brady materials from the defense. The ruling is particularly noteworthy due …

Doyle v. Ohio, No. 75-5014 (U.S. Supreme Court) (426 U.S. 610; 96 S.Ct. 2240) (June 17, 1976) (Justice Powell)

Article • September 9, 2005

Filed under: Punch And Jurists, Comments on Defendant's Silence

Doyle v. Ohio, No. 75-5014 (U.S. Supreme Court) (426 U.S. 610; 96 S.Ct. 2240) (June 17, 1976) (Justice Powell) by In this case, the Court held that the Due Process Clause prohibits the Government from using a defendant's post-arrest, post-Miranda silence to create an inference of guilt for two reasons: …

U.S. v. Morris, No. 04-80200 (E.D.Mich.) (377 F.Supp.2d 630) (July 20, 2005) (Judge Arthur Tarnow)

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

Filed under: Punch And Jurists, Plea Bargaining

U.S. v. Morris, No. 04-80200 (E.D.Mich.) (377 F.Supp.2d 630) (July 20, 2005) (Judge Arthur Tarnow) by

U.S. v. Bass, No. 01-1471 (U.S. Supreme Court) (536 U.S. 682; 122 S.Ct. 2389) (June 28, 2002) (Per Curiam)

Article • February 12, 2005

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Bass, No. 01-1471 (U.S. Supreme Court) (536 U.S. 682; 122 S.Ct. 2389) (June 28, 2002) (Per Curiam) by In this case in which the defendant sought to prove an unconstitutional selective prosecution, the evidence presented to support the discriminatory effect element were "nationwide statistics demonstrating that 'the United …

U.S. v. Lloyd, No. 03-3334 (7th Cir.) (398 F.3d 978) (March 1, 2005) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Stonewalling

U.S. v. Lloyd, No. 03-3334 (7th Cir.) (398 F.3d 978) (March 1, 2005) (Judge Frank H. Easterbrook) by More than a decade ago, the defendant in this case was originally convicted of multiple federal charges and sentenced to 15 terms of life imprisonment (which was later reduced to 5 terms …