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Article • January 1, 2008 • from P&J January, 2008
U.S. v. Elfgeeh, No. 06-0638-cr (2nd Cir.) (515 F.3d 100) (February 14, 2008) (Judge Amalya Lyle Kearse) by This is another one of the many cases that arose out of the Government’s crackdown on terrorism funding operations in the aftermath of 9/11; and, among the many issues raised on appeal, …
Article • March 10, 2001
Rideau v. Louisiana, No. 630 (U.S. Supreme Court) (373 U.S. 723; 83 S.Ct. 1417) (June 3, 2063) (Justice Stewart) by The petitioner in this case, Wilbert Rideau, was indicted on March 1, 1961, for the capital murder of Julia Ferguson, a bank employee, on February 16, 1961, in Calcasieu Parish, …
Article • October 7, 2000
Murphy v. Florida, No. 74-5116 (U.S. Supreme Court) (421 U.S. 794; 95 S.Ct. 2031) (June 16, 1975) (Justice Marshall) by In this case, the petitioner, who was convicted in state court of robbery, argued in his habeas corpus proceeding that he was denied a fair trial because jurors had learned …
Article • October 7, 2000
Irvin v. Dowd, No. 41 (U.S. Supreme Court) (366 U.S. 717; 81 S.Ct. 1639) (June 5, 2061) (Justice Clark) by Here the Court held that pretrial publicity that would inherently prejudice the jury pool can be discerned only by reviewing both the extent and nature of the publicity and the …
Article • June 30, 2000
Chandler v. Florida, No. 79-1260 (U.S. Supreme Court) (449 U.S. 560; 101 S.Ct. 802) (January 26, 1981) (Justice Burger) by In this case the Court held that an absolute constitutional ban on broadcast coverage of trials cannot be justified simply because there is a danger that, in some cases, conduct …
Article • June 21, 2000
Sheppard v. Maxwell, No. 490 (U.S. Supreme Court) (384 U.S. 333; 86 S.Ct. 1507) (June 6, 2066) (Justice Clark) by The issue addressed by the Court in this case was whether Sam Sheppard was deprived of a fair trial in his state conviction for the murder of his wife because …
Article • June 8, 2000
Patton v. Yount, No. 83-95 (U.S. Supreme Court) (467 U.S. 1025; 104 S.Ct. 2885) (June 26, 1984) (Justice Powell) by In this case, the respondent was convicted of first-degree murder and rape after a jury trial in a Pennsylvania state court; and he was sentenced to life imprisonment. However, on …
Article • June 1, 1999 • from P&J June, 1999
U.S. v. Volpe, No. CR 98-196(S-2) (E.D.N.Y.) (42 F.Supp.2d 204) (March 3, 1999) (Judge Eugene H. Nickerson) by Here the Court denied the mortions for a change in venue, concluding that "the adverse pretrial publicity has not so saturated this district as to amount to presumed prejudice." (Id., at 217). …
Article • January 1, 1999 • from P&J January, 1999
DeLisle v. Rivers, No. 96-1198 (6th Cir.) (161 F.3d 370) (November 30, 1998) (Judge James L. Ryan) by En Banc decsion essentally affirming panel's decision that bias could not be presumed from jurors' knowledge of defendant's suppressed statements where none of those actually seated was challenged for cause or expressed …
Article • October 26, 1998
Estes v. Texas, No. 256 (U.S. Supreme Court) (381 U.S. 532; 85 S.Ct. 1628) (June 7, 2065) (Justice Clark) by A plurality of judges held that the televising over petitioner's objections of the courtroom proceedings of his criminal trial, in which there was widespread public interest, was inherently invalid as …
Article • October 26, 1998
Mu'Min v. Virginia, No. 90-5193 (U.S. Supreme Court) (500 U.S. 415; 111 S.Ct. 1899) (May 20, 1991) (Justice Rehnquist) by In this case, the defendant challenged the trial court's refusal to question prospective jurors about the specific contents of publications about the defendant to which they had been exposed. The …
Article • October 1, 1998 • from P&J October, 1998
U.S. v. McVeigh, No. 97-1287 (10th Cir.) (153 F.3d 1166) (September 8, 1998) (Judge David M. Ebel) by This case involves the conviction and sentencing of Timothy McVeigh for his role in the bombing of the Murrah Federal Building in Oklahoma City, in 1995. As can be expected, defense counsel …
Article • May 1, 1998 • from P&J May, 1998
Nevers v. Killinger, No. 97-CV-75175-DT (E.D.Mich.) (990 F.Supp. 844) (December 30, 1997) (Judge Lawrence P. Zatkoff) by This decision contains one of the most comprehensive reviews that we have seen recently on the topic of prejudicial pretrial publicity. The outcome of this case was that the Court granted a Writ …
Article • May 1, 1998 • from P&J May, 1998
Nevers v. Killinger, No. 97-CV-75175-DT (E.D.Mich.) (990 F.Supp. 844) (December 30, 1997) (Judge Lawrence P. Zatkoff) by Here the Court vacated the convictions of 2 cops convicted of 2nd degree murder due to prejudicial pretrial publicity.
Article • February 1, 1998 • from P&J February, 1998
DeLisle v. Rivers, No. 96-1198 (6th Cir.) (132 F.3d 298) (December 8, 1997) (Judge James L. Ryan) by This habeas case involved a highly publicized murder case in which a father was accused of drowning his four children by driving them into the Detroit River. His defense was that it …
Article • June 1, 1997 • from P&J June, 1997
U.S. v. Bailey, No. 95-5727 (4th Cir.) (112 F.3d 758) (May 2, 1997) (Judge H. Emory Jr. Widener) by Case affirmed district court's refusal to grant motion for change of venue based on claim of excessive pretrial publicity, holding that trial court had conducted appropriate two-step analysis.