Search | Punch and Jurists

U.S. v. Howard, No. 03-50524 (9th Cir.) (463 F.3d 999) (September 15, 2006) (Judge Mary M. Schroeder)

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

Filed under: Punch And Jurists, Shackles

U.S. v. Howard, No. 03-50524 (9th Cir.) (463 F.3d 999) (September 15, 2006) (Judge Mary M. Schroeder) by In these seventeen consolidated criminal cases, each defendant moved to appear without shackles at the defendant's initial appearance. In each case, a magistrate judge denied the motion. In a consolidated action, the …

U.S. v. Howard, No. 03-50524 (9th Cir.) (429 F.3d 843) (November 15, 2005) (Judge Mary M. Schroeder)

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

Filed under: Punch And Jurists, Shackles

U.S. v. Howard, No. 03-50524 (9th Cir.) (429 F.3d 843) (November 15, 2005) (Judge Mary M. Schroeder) by In this consolidated interlocutory appeal involving 17 defendants whose motions to unshackle were denied without an evidentiary hearing, the Ninth Circuit has struck down, as unjustified, a blanket policy of the U.S. …

U.S. v. Honken, No. CR 01-3047-MWB (N.D.Iowa) (378 F.Supp.2d 1010) (July 21, 2005) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Restraint of Defendant

U.S. v. Honken, No. CR 01-3047-MWB (N.D.Iowa) (378 F.Supp.2d 1010) (July 21, 2005) (Judge Mark W. Bennett) by In a death penalty case, involving the alleged murder of five witnesses to defendant's drug-trafficking or other alleged criminal conduct, the government filed under seal a motion to have defendant wear a …

Deck v. Missouri, No. 04-5293 (U.S. Supreme Court) (544 U.S. 622; 125 S.Ct. 2007) (May 23, 2005) (Justice Breyer)

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

Filed under: Punch And Jurists, Shackles

Deck v. Missouri, No. 04-5293 (U.S. Supreme Court) (544 U.S. 622; 125 S.Ct. 2007) (May 23, 2005) (Justice Breyer) by By a vote of 7-to-2, the Court held that "it is unconstitutional to require an individual, appearing before a jury for a possible death sentence, to be restrained by shackles …

Gonzalez v. Pliler, No. 02-55640 (9th Cir.) (341 F.3d 897) (August 26, 2003) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Restraint of Defendant

Gonzalez v. Pliler, No. 02-55640 (9th Cir.) (341 F.3d 897) (August 26, 2003) (Judge Sidney R. Thomas) by High at the top of the list of the most barbaric features of the American criminal justice system is the use of stun belts on criminal defendants at trial. Justified as a …

U.S. v. Durham, No. 3:99CR3/RV (N.D.Fla.) (219 F.Supp.2d 1234) (August 29, 2002) (Judge Roger Vinson)

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

Filed under: Punch And Jurists, Restraint of Defendant

U.S. v. Durham, No. 3:99CR3/RV (N.D.Fla.) (219 F.Supp.2d 1234) (August 29, 2002) (Judge Roger Vinson) by Prior to this decision, the Eleventh Circuit reversed and vacated defendant's convictions for armed robbery based on its determination that the reasons for requiring defendant to wear a stun belt during the trial were …

U.S. v. Durham, No. 00-12276 (11th Cir.) (287 F.3d 1297) (April 4, 2002) (Judge Charles R. Wilson)

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

Filed under: Punch And Jurists, Restraint of Defendant

U.S. v. Durham, No. 00-12276 (11th Cir.) (287 F.3d 1297) (April 4, 2002) (Judge Charles R. Wilson) by This is an interesting case principally because it contains one of the most comprehensive judicial discussions that we have ever seen regarding the parameters that should apply to the Government’s use of …

Hawkins v. Comparet-Cassani, No. 99-55187 (9th Cir.) (251 F.3d 1230) (May 30, 2001) (Judge James R. Browning)

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

Filed under: Punch And Jurists, Restraint of Defendant

Hawkins v. Comparet-Cassani, No. 99-55187 (9th Cir.) (251 F.3d 1230) (May 30, 2001) (Judge James R. Browning) by Here the Court ruled that Sheriffs may use stun belts on criminal defendants at trial if the defendants present a risk to courtroom security, but not if a defendant is merely disruptive. …

Illinois v. Allen, No. 606 (U.S. Supreme Court) (397 U.S. 337; 90 S.Ct. 1057) (March 31, 1970) (Justice Black)

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

Filed under: Punch And Jurists, Restraint of Defendant

Illinois v. Allen, No. 606 (U.S. Supreme Court) (397 U.S. 337; 90 S.Ct. 1057) (March 31, 1970) (Justice Black) by In the Supreme Court's leading case on the use of shackles, the Court wrote that "no person should be tried while shackled and gagged except as a last resort" because …