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Kansas v. Carr, No. 14-449 (U.S. Supreme Court) (577 U.S. ___; 136 S.Ct. 633) (January 20, 2016) (Justice Scalia)

Article • December 26, 2016 • from P&J January, 2016

Filed under: Punch And Jurists, Severance

Kansas v. Carr, No. 14-449 (U.S. Supreme Court) (577 U.S. ___; 136 S.Ct. 633) (January 20, 2016) (Justice Scalia) by In this consolidated appeal, the Supreme Court addressed whether the Supreme Court of Kansas had erred when it vacated the death sentences of three different defendants in two separate cases. …

U.S. v. Young, No. 05-5846 (6th Cir.) (424 F.3d 499) (September 29, 2005) (Judge Ralph B Jr. Guy)

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

Filed under: Punch And Jurists, Bifurcation

U.S. v. Young, No. 05-5846 (6th Cir.) (424 F.3d 499) (September 29, 2005) (Judge Ralph B Jr. Guy) by Here the Sixth Circuit held that the district court (Judge John Nixon in U.S. v. Young, 376 F.Supp.2d 787 (M.D.Tenn. 2005) (P&J, 08/22/05)) had erred in entering a pretrial order in …

U.S. v. Amante, No. 05-3067-op (2nd Cir.) (418 F.3d 220) (August 9, 2005) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Bifurcation

U.S. v. Amante, No. 05-3067-op (2nd Cir.) (418 F.3d 220) (August 9, 2005) (Judge John M. Jr. Walker) by The issue before the Court in this case was whether a district court may bifurcate a single-count felon in possession trial pursuant to 18 U.S.C. § 922(g)(1) absent the government's consent. …

U.S. v. Young, No. 3:98-00038 (M.D.Tenn.) (376 F.Supp.2d 787) (April 22, 2005) (Judge John T. Nixon)

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

Filed under: Punch And Jurists, Bifurcation

U.S. v. Young, No. 3:98-00038 (M.D.Tenn.) (376 F.Supp.2d 787) (April 22, 2005) (Judge John T. Nixon) by Here Judge Nixon joined with Judge Gertner in calling for separate twin juries in a capital case under the Federal Death Penalty Act - one for the determination of guilt and the other, …

U.S. v. Tarango, No. 03-50810 (5th Cir.) (396 F.3d 666) (February 9, 2005) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Severance

U.S. v. Tarango, No. 03-50810 (5th Cir.) (396 F.3d 666) (February 9, 2005) (Judge Carl E. Stewart) by This is a rare decision in which a conviction was reversed because the court found that the defendant was “clearly prejudiced” when she was jointly tried alongside an absent co-defendant, who absconded …

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (324 F.Supp.2d 311) (July 7, 2004) (Judge Nancy Gertner)

Article • June 1, 2004 • from P&J October, 2004

Filed under: Punch And Jurists, Severance

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (324 F.Supp.2d 311) (July 7, 2004) (Judge Nancy Gertner) by Multiple defendants, charged with racketeering and weapons offenses under 18 U.S.C. § 1962 and 18 U.S.C. § 924(c), murder in aid of racketeering 18 U.S.C. § 1959(a), and related offenses, moved generally …

U.S. v. McCarter, No. 01-21203 (5th Cir.) (316 F.3d 536) (December 27, 2002) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Severance

U.S. v. McCarter, No. 01-21203 (5th Cir.) (316 F.3d 536) (December 27, 2002) (Judge Patrick E. Higginbotham) by Here, with unusually sharp words that impugned the motives of the prosecutor, the Court vacated a drug conviction on the grounds that the district court had abused its discretion in failing to …

U.S. v. Colon, No. 00cr10029-NG (D.Mass.) (165 F.Supp.2d 67) (October 1, 2001) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Severance

U.S. v. Colon, No. 00cr10029-NG (D.Mass.) (165 F.Supp.2d 67) (October 1, 2001) (Judge Nancy Gertner) by There are times when the Government’s fixation on its goal of achieving absolute control over the sentencing process overwhelms all the other senses and blinds it to approaching dangers. That is precisely what happened …

U.S. v. Fisher, No. 95-10733 (5th Cir.) (106 F.3d 622) (February 13, 1997) (Judge John M. Jr. Duhé)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Severance

U.S. v. Fisher, No. 95-10733 (5th Cir.) (106 F.3d 622) (February 13, 1997) (Judge John M. Jr. Duhé) by Here the court reversed a major bank fraud conviction because the trial court refused to grant a mid-trial severance to a defendant after evidence of a co-defendant's contempt conviction had been …