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In Re Special Proceedings, No. 09-0198 (EGS) (D.D.C.) (825 F.Supp.2d 203) (November 21, 2011) (Judge Emmet G. Sullivan)

Article • November 28, 2011 • from P&J November, 2011

Filed under: Sanctions, Punch And Jurists

In Re Special Proceedings, No. 09-0198 (EGS) (D.D.C.) (825 F.Supp.2d 203) (November 21, 2011) (Judge Emmet G. Sullivan) by Here the Court reported that special counsel, appointed by the Court to investigate the prosecutorial misconduct that “permeated” the prosecution of former Senator Stevens of Alaska, declined to recommend any criminal …

Kiobel v. Millson, No. 07-3903-cv (2nd Cir.) (592 F.3d 78) (January 8, 2010) (Judge Jose A. Cabranes)

Article • April 5, 2010 • from P&J April, 2010

Filed under: Sanctions, Punch And Jurists

Kiobel v. Millson, No. 07-3903-cv (2nd Cir.) (592 F.3d 78) (January 8, 2010) (Judge Jose A. Cabranes) by For a commentary on this decision, see "2nd Circuit Reverses Sanctions Against Cravath Attorneys in Alien Tort Case: Judges split on magistrate judges' authority to sanction attorneys," by Mark Hamblett, as published …

U.S. v. Farinella, No. 08-1839 (7th Cir.) (558 F.3d 695) (March 12, 2009) (Judge Richard A. Posner)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Farinella, No. 08-1839 (7th Cir.) (558 F.3d 695) (March 12, 2009) (Judge Richard A. Posner) by Rarely does a Federal prosecutor who engages in gross misconduct get named in an appellate court decision. Even more rarely does a prosecutor get excoriated, repeatedly and unmercifully, by an appellate court …

U.S. v. Lyons, No. 6:01-CR-134ORL-31DAB (M.D.Fla.) (352 F.Supp.2d 1231) (September 30, 2004) (Judge Gregory A. Presnell)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Lyons, No. 6:01-CR-134ORL-31DAB (M.D.Fla.) (352 F.Supp.2d 1231) (September 30, 2004) (Judge Gregory A. Presnell) by Defendant was found guilty of drug-conspiracy, carjacking, and various counterfeit-clothing charges. The case had been remanded from the United States Court of Appeals for the Eleventh Circuit after it found that the Government …

U.S. v. Moussaoui, No. 03-4792 (4th Cir.) (382 F.3d 453) (September 13, 2004) (Judge William W. Jr. Wilkins)

Article • September 1, 2004 • from P&J September, 2004

Filed under: Sanctions, Punch And Jurists

U.S. v. Moussaoui, No. 03-4792 (4th Cir.) (382 F.3d 453) (September 13, 2004) (Judge William W. Jr. Wilkins) by Defendant sought access to certain witnesses designated as enemy combatants which the Government refused on national security grounds. The United States District Court for the Eastern District of Virginia, at Alexandria …

U.S. v. Moussaoui, No. 03-4792 (4th Cir.) (365 F.3d 292) (April 22, 2004) (Judge William W. Jr. Wilkins)

Article • March 1, 2004 • from P&J March, 2004

Filed under: Sanctions, Punch And Jurists

U.S. v. Moussaoui, No. 03-4792 (4th Cir.) (365 F.3d 292) (April 22, 2004) (Judge William W. Jr. Wilkins) by Here the Fourth Circuit overturned a series of sanctions that Judge Brinkema had imposed in this case, due to the Government's refusal, on national security gounds, to give the defedant access …

U.S. v. Moussaoui, No. Crim. 01-455-A (E.D.Va.) (282 F.Supp.2d 480) (October 2, 2003) (Judge Leonie M. Brinkema)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Moussaoui, No. Crim. 01-455-A (E.D.Va.) (282 F.Supp.2d 480) (October 2, 2003) (Judge Leonie M. Brinkema) by In this latest episode of the long-running test of wills between Judge Brinkema and Attorney General Ashcroft, the Court held that the Government's refusal to comply with her earlier orders required, as …

U.S. v. Gonzales, No. 01-2186 (10th Cir.) (344 F.3d 1036) (April 29, 2003) (Judge Mary Beck Briscoe)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Gonzales, No. 01-2186 (10th Cir.) (344 F.3d 1036) (April 29, 2003) (Judge Mary Beck Briscoe) by During the course of a complex criminal prosecution of 23 members of an Albuquerque street gang for various crimes, Judge Vazquez of the D.N.Mex. found that the lead prosecutor in the case, …

Taylor v. Illinois, No. 86-5963 (U.S. Supreme Court) (484 U.S. 400; 108 S.Ct. 646) (January 25, 1988) (Justice Stevens)

Article • August 29, 2002

Filed under: Sanctions, Punch And Jurists

Taylor v. Illinois, No. 86-5963 (U.S. Supreme Court) (484 U.S. 400; 108 S.Ct. 646) (January 25, 1988) (Justice Stevens) by Here the Court upheld the trial court's exclusion of a witness pursuant to Rule 16(b)(1)(C) where the defendant deliberately failed to identify a witness prior to trial - although it …

U.S. v. Golyansky, No. 01-1499 (10th Cir.) (291 F.3d 1245) (May 31, 2002) (Judge Bobby R. Baldock)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Golyansky, No. 01-1499 (10th Cir.) (291 F.3d 1245) (May 31, 2002) (Judge Bobby R. Baldock) by The great Judge Jerome Frank once wrote: "If we continue to do nothing practical to prevent [prosecutorial misconduct], we should cease to disapprove it. For otherwise it will be as if we …

U.S. v. Golyansky, No. 01-1499 (10th Cir.) (281 F.3d 1330) (March 5, 2002) (Judge Bobby R. Baldock)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Golyansky, No. 01-1499 (10th Cir.) (281 F.3d 1330) (March 5, 2002) (Judge Bobby R. Baldock) by The great Judge Jerome Frank once wrote: "If we continue to do nothing practical to prevent [prosecutorial misconduct], we should cease to disapprove it. For otherwise it will be as if we …

Gomez v. Vernon, No. 99-35930 (9th Cir.) (255 F.3d 1118) (July 10, 2001) (Judge M. Margaret McKeown)

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

Filed under: Sanctions, Punch And Jurists

Gomez v. Vernon, No. 99-35930 (9th Cir.) (255 F.3d 1118) (July 10, 2001) (Judge M. Margaret McKeown) by This is a rather extraordinary prison case which the Court said “exemplifies [the] antagonism toward prisoner litigation at the cost of constitutional rights and legal ethics.” (Id., at 1122). The principal issue …

U.S. v. Banks-Giombetti, No. 00-1869 (7th Cir.) (245 F.3d 949) (March 30, 2001) (Per Curiam)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Banks-Giombetti, No. 00-1869 (7th Cir.) (245 F.3d 949) (March 30, 2001) (Per Curiam) by On the day of his trial for charges stemming from a bank robbery, the defendant in this case entered a guilty plea to the entire indictment. The district court (Judge Lozano), obviously displeased that …

U.S. v. Davis, No. 00-1952 (8th Cir.) (244 F.3d 666) (March 29, 2001) (Judge Theodore McMillian)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Davis, No. 00-1952 (8th Cir.) (244 F.3d 666) (March 29, 2001) (Judge Theodore McMillian) by In this case, a divided panel from the Eighth Circuit took the rare step of affirming an order by the district court excluding certain DNA evidence as a discovery sanction against the Government, …

U.S. v. Katz, No. 98-30095 (5th Cir.) (178 F.3d 368) (June 14, 1999) (Per Curiam)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Sanctions, Punch And Jurists

U.S. v. Katz, No. 98-30095 (5th Cir.) (178 F.3d 368) (June 14, 1999) (Per Curiam) by This is another one of those Internet-pornography cases that seem to be gradually replacing drug crimes as America's greatest menace. In this case, the defendant posted a notice on an Internet bulletin board that …

U.S. v. Robinson, No. Crim.A. 1:97CR408JOF (N.D.Ga.) (44 F.Supp.2d 1345) (December 24, 1997) (Judge J. Owen Forrester)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Sanctions, Punch And Jurists

U.S. v. Robinson, No. Crim.A. 1:97CR408JOF (N.D.Ga.) (44 F.Supp.2d 1345) (December 24, 1997) (Judge J. Owen Forrester) by In this case, the district court held that the testimony of a government's fingerprint expert would be suppressed as a discovery sanction for the Government's failure to turn over to the defense …

In Re Flannery, No. 97-8210 (2nd Cir.) (186 F.3d 143) (June 14, 1999) (Per Curiam)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Sanctions, Punch And Jurists

In Re Flannery, No. 97-8210 (2nd Cir.) (186 F.3d 143) (June 14, 1999) (Per Curiam) by Here the Court announced a relatively mild policy of sanctions for defense attorneys who fail to file briefs, causing appeals to be dismissed, without ever addressing what rights might accrue to the defendants whose …

U.S. v. Gonzales, No. 97-2277 (10th Cir.) (164 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe)

Article • January 1, 1999 • from P&J January, 1999

Filed under: Sanctions, Punch And Jurists

U.S. v. Gonzales, No. 97-2277 (10th Cir.) (164 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe) by The criminal justice system has long struggled with the concept of sanctions, or penalties imposed for some type of disobedience; and, more and more, it seems as if the imposition of sanctions …

U.S. v. Gonzales, No. 97-2277 (10th Cir.) (164 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe)

Article • January 1, 1999 • from P&J January, 1999

Filed under: Sanctions, Punch And Jurists

U.S. v. Gonzales, No. 97-2277 (10th Cir.) (164 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe) by QUOTE OF THE WEEK - How "ritualistic verbal spankings" of prosecutors become "purely ceremonial." "This court has several times used vigorous language in denouncing government counsel for such conduct as that of …

Glover v. Johnson, No. 77-CV-71229 (E.D.Mich.) (9 F.Supp.2d 799) (July 23, 1998) (Judge John Feikens)

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

Filed under: Sanctions, Punch And Jurists

Glover v. Johnson, No. 77-CV-71229 (E.D.Mich.) (9 F.Supp.2d 799) (July 23, 1998) (Judge John Feikens) by For more detailed summaries of this case, see prior decisions reported at 957 F.Supp. 110 and 138 F.3d 229; and subsequent decision reported at 35 F.Supp.2d 1010. In a follow-up to its prior rulings, …