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Mattox v. U.S., No. 667 (U.S. Supreme Court) (156 U.S. 237; 15 S.Ct. 337) (February 4, 1995) (Justice Brown)

Article • March 27, 2019

Filed under: Punch And Jurists, Confrontation Clause/Rights

Mattox v. U.S., No. 667 (U.S. Supreme Court) (156 U.S. 237; 15 S.Ct. 337) (February 4, 1995) (Justice Brown) by Here the Court observed that "the primary objective [of the Sixth Amendment] . . . Was to prevent depositions or ex parte affidavits from being used against the prisoner in …

Price v. Johnston, No. 111 (U.S. Supreme Court) (334 U.S. 266; 68 S.Ct. 1049) (May 24, 2048) (Justice Murphy)

Article • March 27, 2019

Filed under: Punch And Jurists, Right to be Present

Price v. Johnston, No. 111 (U.S. Supreme Court) (334 U.S. 266; 68 S.Ct. 1049) (May 24, 2048) (Justice Murphy) by Prisoners have limited rights to attend depositions in civil actions. In this case the Court held: "Lawful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, …

Russello v. U.S., No. 82-472 (U.S. Supreme Court) (464 U.S. 16; 104 S.Ct. 296) (November 1, 1983) (Justice Blackmun)

Article • March 27, 2019

Filed under: Forfeiture, Punch And Jurists

Russello v. U.S., No. 82-472 (U.S. Supreme Court) (464 U.S. 16; 104 S.Ct. 296) (November 1, 1983) (Justice Blackmun) by Here the Court observed that the legislative history clearly demonstrates that the RICO statute was intended to provide new weapons of unprecedented scope for an assault upon organized crime and …

Silverman v. U.S., No. 66 (U.S. Supreme Court) (365 U.S. 505; 81 S.Ct. 679) (March 6, 2061) (Justice Stewart)

Article • March 27, 2019

Filed under: Punch And Jurists, Unlawful Entry/Conduct

Silverman v. U.S., No. 66 (U.S. Supreme Court) (365 U.S. 505; 81 S.Ct. 679) (March 6, 2061) (Justice Stewart) by The Court wrote: "The Fourth Amendment, and the personal rights which it secures, have a long history. At the very core stands the right of a man to retreat into …

Rhodes v. Chapman, No. 80-332 (U.S. Supreme Court) (452 U.S. 337; 101 S.Ct. 2392) (June 15, 1981) (Justice Powell)

Article • March 27, 2019

Filed under: Punch And Jurists, Prison Conditions

Rhodes v. Chapman, No. 80-332 (U.S. Supreme Court) (452 U.S. 337; 101 S.Ct. 2392) (June 15, 1981) (Justice Powell) by Case held that double-celling of prisoners does not per se violate the Eighth and Fourteenth Amendments' prohibitions against cruel and unusual punishment. The Court held that the Eighth Amendment prohibits …

U.S. v. Kahn, No. 72-1328 (U.S. Supreme Court) (415 U.S. 143; 94 S.Ct. 977) (February 20, 1974) (Justice Stewart)

Article • March 27, 2019

Filed under: Punch And Jurists, Necessity

U.S. v. Kahn, No. 72-1328 (U.S. Supreme Court) (415 U.S. 143; 94 S.Ct. 977) (February 20, 1974) (Justice Stewart) by The Court explained that the purpose of the necessity requirement is to ensure that the relatively intrusive device of wiretapping "is not resorted to in situations where traditional invstigative techniques …

Kamen v. Kemper Financial Services, Inc., No. 90-516 (U.S. Supreme Court) (500 U.S. 90; 111 S.Ct. 1711) (May 20, 1991) (Justice Marshall)

Article • March 27, 2019

Filed under: Punch And Jurists

Kamen v. Kemper Financial Services, Inc., No. 90-516 (U.S. Supreme Court) (500 U.S. 90; 111 S.Ct. 1711) (May 20, 1991) (Justice Marshall) by This holding of the court appears at page 99 of its decision. "When an issue or claim is properly before the court, the court is not limited …

Trammel v. U.S., No. 78-5705 (U.S. Supreme Court) (445 U.S. 40; 100 S.Ct. 906) (February 27, 1980) (Justice Burger)

Article • February 12, 2019

Filed under: Punch And Jurists, Right to Assert

Trammel v. U.S., No. 78-5705 (U.S. Supreme Court) (445 U.S. 40; 100 S.Ct. 906) (February 27, 1980) (Justice Burger) by In this case, the Court held that the spousal testimony privilege belongs to the testifying spouse only and that her or she can testify against the defendant spouse if he …

U.S. v. Miles, No. `8-1172 (10th Cir.) (902 F.3d 1159) (August 29, 2028) (Per Curiam)

Article • January 1, 2019 • from P&J February, 2019

Filed under: Punch And Jurists, Mutuality

U.S. v. Miles, No. `8-1172 (10th Cir.) (902 F.3d 1159) (August 29, 2028) (Per Curiam) by Here the Court held joined with most of the other Circuits in holding that a plea waiver provision in a plea agreement is not rendered unconscionable as contrary to public policy where it limited …

U.S. v. Pineda-Mateo, No. 17-1857 (1st Cir.) (905 F.3d 13) (September 18, 2018) (Judge Juan R. Torruella)

Article • January 1, 2019 • from P&J February, 2019

Filed under: Punch And Jurists, Joint Participant

U.S. v. Pineda-Mateo, No. 17-1857 (1st Cir.) (905 F.3d 13) (September 18, 2018) (Judge Juan R. Torruella) by This is an interesting decision in which the First Circuit was called upon to decide an issue of first impression for that Circuit, namely, whether to recognize a “joint participant” exception to …

U.S. v. Gray, No. 18-30022 (9th Cir.) (905 F.3d 1145) (October 3, 2018) (Per Curiam)

Article • January 1, 2019 • from P&J February, 2019

Filed under: Punch And Jurists, Confidential Reports

U.S. v. Gray, No. 18-30022 (9th Cir.) (905 F.3d 1145) (October 3, 2018) (Per Curiam) by The defendant in this case, Ashley Lynn Gray, appealed her 20-month sentence imposed following revocation of her term of supervised release. Her sentencing in this case is instructive because it highlights some of the …

Stokeling v. U.S., No. 17-5554 (U.S. Supreme Court) (586 U.S. ___; 139 S.Ct. 544) (January 15, 2019) (Justice Thomas)

Article • January 1, 2019 • from P&J February, 2019

Filed under: Punch And Jurists

Stokeling v. U.S., No. 17-5554 (U.S. Supreme Court) (586 U.S. ___; 139 S.Ct. 544) (January 15, 2019) (Justice Thomas) by This is another in the Supreme Court’s seemingly never-ending stream of cases that addresses what constitutes a “violent felony” within the meaning of the Armed Career Criminal Act, 18 U.S.C. …

U.S. v. Machado-Erazo, No. 15-3040 (D.C. Cir.) (901 F.3d 326) (April 10, 2018) (Judge Robert Leon. Wilkins)

Article • January 1, 2019 • from P&J February, 2019

Filed under: Punch And Jurists, Evidence Intrinsic to the Crime

U.S. v. Machado-Erazo, No. 15-3040 (D.C. Cir.) (901 F.3d 326) (April 10, 2018) (Judge Robert Leon. Wilkins) by This appeal involves the convictions and sentences of three members of the MS-13 Gang for various crimes committed in and around the District of Columbia, including conspiracy to violate the Racketeer Influenced …

U.S. v. Dillingham, No. 1:17-cr-184-AJT (E.D.Va.) (320 F.Supp.3d 809) (May 29, 2018) (Judge Anthony J. Trenga)