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U.S. v. Mutschler, No. CR14-328 TSZ (W.D.Wash.) (152 F.Supp.3d 1332) (January 7, 2016) (Judge Thomas S. Zilly)

Article • September 19, 2016 • from P&J September, 2016

Filed under: Punch And Jurists, Interests of Justice

U.S. v. Mutschler, No. CR14-328 TSZ (W.D.Wash.) (152 F.Supp.3d 1332) (January 7, 2016) (Judge Thomas S. Zilly) by This decision presents a bold and novel method of attacking appellate waiver provisions - the key ingredient demanded by the Government as the price of every plea agreement entered in Federal criminal …

Burt v. Titlow, No. 12-414 (U.S. Supreme Court) (571 U.S. 12; 134 S.Ct. 10) (November 5, 2013) (Justice Alito)

Article • March 18, 2013 • from P&J March, 2013

Filed under: Punch And Jurists, Doubly Deferential Standard

Burt v. Titlow, No. 12-414 (U.S. Supreme Court) (571 U.S. 12; 134 S.Ct. 10) (November 5, 2013) (Justice Alito) by It is probably fitting that, in its first full criminal law opinion of its current Term, the Supreme Court chose to address another of the seemingly endless stream of esoteric …

Martel v. Clair, No. 10-1265 (U.S. Supreme Court) (565 U.S. 648; 132 S.Ct. 1276) (March 5, 2012) (Justice Kagan)

Article • March 19, 2012 • from P&J March, 2012

Filed under: Punch And Jurists, Interests of Justice

Martel v. Clair, No. 10-1265 (U.S. Supreme Court) (565 U.S. 648; 132 S.Ct. 1276) (March 5, 2012) (Justice Kagan) by Here a unanimous Supreme Court held that the proper standard to be used when someone facing a death sentence requests that his appointed counsel be replaced under 18 USC § …

U.S. v. Flowers, No. 10-20149 (E.D.Mich.) (768 F.Supp.2d 922) (February 17, 2011) (Judge Lawrence P. Zatkoff)

Article • September 5, 2011 • from P&J September, 2011

Filed under: Punch And Jurists, Interests of Justice

U.S. v. Flowers, No. 10-20149 (E.D.Mich.) (768 F.Supp.2d 922) (February 17, 2011) (Judge Lawrence P. Zatkoff) by Here the Court granted the Government’s motion to dismiss an Indictment but not before lambasting the AUSA in charge of the case for conduct that he described as “cavalier,” “abhorrent and unacceptable,” “dilatory,” …

U.S. v. Sayad, No. 08-1366 (10th Cir.) (589 F.3d 1110) (December 22, 2009) (Judge Michael R. Murphy)

Article • February 22, 2010 • from P&J February, 2010

Filed under: Punch And Jurists, Sentence of Probation

U.S. v. Sayad, No. 08-1366 (10th Cir.) (589 F.3d 1110) (December 22, 2009) (Judge Michael R. Murphy) by Here the Court affirmed a sentence of probation after stating that the sentence imposed by a sentencing judge will be deemed to be substantively unreasonable only if it is “arbitrary, capricious, whimsical, …

U.S. v. Engle, No. 08-4497 (4th Cir.) (592 F.3d 495) (January 13, 2010) (Judge William B. Jr. Traxler)

Article • February 22, 2010 • from P&J February, 2010

Filed under: Punch And Jurists, Sentence of Probation

U.S. v. Engle, No. 08-4497 (4th Cir.) (592 F.3d 495) (January 13, 2010) (Judge William B. Jr. Traxler) by Here the Court rejected as both procedurally and substantively unreasonable a sentence of probation imposed on a defendant convicted of tax evasion, largely because the sentencing court failed to consider the …

Brecht v. Abrahamson, No. 91-7358 (U.S. Supreme Court) (507 U.S. 619; 113 S.Ct. 1710) (April 21, 1993) (Justice Rehnquist)

Article • June 19, 2007

Filed under: Punch And Jurists, Substantial and Injurious Effect

Brecht v. Abrahamson, No. 91-7358 (U.S. Supreme Court) (507 U.S. 619; 113 S.Ct. 1710) (April 21, 1993) (Justice Rehnquist) by In this case, the Court built upon the harmless error standard that was established in Chapman v. California, 386 U.S. 18, 24 (1967) where the Court held that a conviction …

Fry v. Pliler, No. 06-5247 (U.S. Supreme Court) (551 U.S. 112; 127 S.Ct. 2321) (June 11, 2007) (Justice Scalia)

Article • May 1, 2007 • from P&J May, 2007

Filed under: Punch And Jurists, Substantial and Injurious Effect

Fry v. Pliler, No. 06-5247 (U.S. Supreme Court) (551 U.S. 112; 127 S.Ct. 2321) (June 11, 2007) (Justice Scalia) by The Supreme Court granted certiorari in this case to resolve a single question: namely, in habeas proceedings under 28 U.S.C. § 2254, must a federal court assess the prejudicial impact …

Panetti v. Quarterman, No. 06-6407 (U.S. Supreme Court) (551 U.S. 930; 127 S.Ct. 2842) (June 28, 2007) (Justice Kennedy)

Article • May 1, 2007 • from P&J May, 2007

Filed under: Punch And Jurists, Rational Understanding

Panetti v. Quarterman, No. 06-6407 (U.S. Supreme Court) (551 U.S. 930; 127 S.Ct. 2842) (June 28, 2007) (Justice Kennedy) by This case represents the tenth time that the Supreme Court has ruled on a capital case during its October 2006 Term; and, in each of those decisions, the Court split …

Panetti v. Dretke, No. 04-70045 (5th Cir.) (448 F.3d 815) (May 9, 2006) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Rational Understanding

Panetti v. Dretke, No. 04-70045 (5th Cir.) (448 F.3d 815) (May 9, 2006) (Judge Emilio M. Garza) by Appellant state inmate sought judicial review of the United States District Court for the Western District of Texas's denial of habeas relief. The district court found that the inmate suffered from some …

U.S. v. Cull, No. 05-CR-329 (E.D.Wisc.) (446 F.Supp.2d 961) (August 30, 2006) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Standard[s] of Review

U.S. v. Cull, No. 05-CR-329 (E.D.Wisc.) (446 F.Supp.2d 961) (August 30, 2006) (Judge Lynn S. Adelman) by In this sentencing memorandum, Judge Adelman issued a candid and perceptive analysis of some of the games being played by the appellate courts as they impose sharp limitations on judicial discretion in the …

U.S. v. Carty, No. 05-10200 (9th Cir.) (465 F.3d 976) (August 25, 2006) (Judge Mary M. Schroeder)

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

Filed under: Punch And Jurists, Standard[s] of Review

U.S. v. Carty, No. 05-10200 (9th Cir.) (465 F.3d 976) (August 25, 2006) (Judge Mary M. Schroeder) by U.S. v. Carty, 453 F.3d 1214 (9th Cir. Aug. 25, 2006) (Judge Schroeder) U.S. v. Zavala, 443 F.3d 1165 (9th Cir. Aug. 25, 2006) (Judge Schroeder) In vacating, pending a rehearing en …

Irons v. Carey, No. 05-15275 (9th Cir.) (408 F.3d 1165) (May 18, 2005) (Per Curiam)

Article • December 1, 2005 • from P&J April, 2005

Filed under: Punch And Jurists, Standard[s] of Review

Irons v. Carey, No. 05-15275 (9th Cir.) (408 F.3d 1165) (May 18, 2005) (Per Curiam) by Here the panel issued an ominous and potentially far-reaching order directing the parties to file supplemental briefs discussing discussing the constitutionality of the standards that Congress set forth in AEDPA (28 U.S.C. § 2254(d)(1)).