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U.S. v. Gomez, No. 10-1095-cr (2nd Cir.) (705 F.3d 68) (January 15, 2013) (Judge Amalya Lyle Kearse)

Article • December 1, 2013

Filed under: Punch And Jurists, Exclusion of Family Members at Trial

U.S. v. Gomez, No. 10-1095-cr (2nd Cir.) (705 F.3d 68) (January 15, 2013) (Judge Amalya Lyle Kearse) by In appeal of conviction of RICO and firearm offenses, judgment is affirmed, where: 1) there was no objection to the exclusion of defendant's family during the voir dire, and even if this …

U.S. v. Gupta, No. 09-4738-cr (2nd Cir.) (699 F.3d 682) (November 8, 2012) (Judge Peter W. Hall)

Article • December 1, 2012

Filed under: Punch And Jurists, Voir Dire

U.S. v. Gupta, No. 09-4738-cr (2nd Cir.) (699 F.3d 682) (November 8, 2012) (Judge Peter W. Hall) by In appeal from conviction for immigration fraud, judgment is vacated and remanded where, under the particular circumstances of this case, the district court's intentional exclusion of the public from the courtroom during …

U.S. v. Gupta, No. 09-4738-cr (2nd Cir.) (650 F.3d 863) (June 17, 2011) (Judge Peter W. Hall)

Article • December 1, 2011

Filed under: Punch And Jurists, Voir Dire

U.S. v. Gupta, No. 09-4738-cr (2nd Cir.) (650 F.3d 863) (June 17, 2011) (Judge Peter W. Hall) by Conviction and sentencing of defendant on one count of immigration fraud is affirmed where the exclusion of the public from the courtroom during voir dire, though unjustified, was too trivial to implicate …

Presley v. Georgia, No. 09-5270 (U.S. Supreme Court) (558 U.S. 209; 130 S.Ct. 721) (January 19, 2010) (Per Curiam)

Article • January 25, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Voir Dire

Presley v. Georgia, No. 09-5270 (U.S. Supreme Court) (558 U.S. 209; 130 S.Ct. 721) (January 19, 2010) (Per Curiam) by Here the Coirt held that, absent special circumstances, a defendant’s Sixth Amendment right to a public trial requires that the public have access to the jury selection phase of trial, …

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (372 F.Supp.2d 766) (May 25, 2005) (Judge William K. III Sessions)

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

Filed under: Punch And Jurists, Voir Dire

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (372 F.Supp.2d 766) (May 25, 2005) (Judge William K. III Sessions) by In defendant's capital case, the parties were in the midst of voir dire. Each potential juror was required to fill out an extensive questionnaire, including standard voir dire questions and questions about …

U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (366 F.Supp.2d 822) (March 31, 2005) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Case Specific Questions

U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (366 F.Supp.2d 822) (March 31, 2005) (Judge Mark W. Bennett) by Defendant was charged with five counts of killing witnesses while engaging in a drug-trafficking conspiracy, in violation of 21 U.S.C.S. § 848(e)(1)(A) and 18 U.S.C.S. § 2; and five counts of killing …

Butler v. City of Camden, No. 02-2903 (3rd Cir.) (352 F.3d 811) (December 18, 2003) (Judge Petrese B. Tucker)

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

Filed under: Punch And Jurists, Police Bias

Butler v. City of Camden, No. 02-2903 (3rd Cir.) (352 F.3d 811) (December 18, 2003) (Judge Petrese B. Tucker) by Ordering a new trial in a case of alleged excessive force by police, the Third Circuit ruled that trial judges must voir dire potential jurors about possible bias in favor …

Morgan v. Illinois, No. 91-5118 (U.S. Supreme Court) (504 U.S. 719; 112 S.Ct. 2222) (June 15, 1992) (Justice White)

Article • June 21, 2000

Filed under: Punch And Jurists, Voir Dire

Morgan v. Illinois, No. 91-5118 (U.S. Supreme Court) (504 U.S. 719; 112 S.Ct. 2222) (June 15, 1992) (Justice White) by Case held that the trial court's refusal to inquire whether potential jurors would automatically impose the death penalty upon convicting a defendant is inconsistent with the Due Process Clause and …

Rosales-Lopez v. U.S., No. 79-6624 (U.S. Supreme Court) (451 U.S. 182; 101 S.Ct. 1629) (April 21, 1981) (Justice White)

Article • June 17, 2000

Filed under: Punch And Jurists, Voir Dire

Rosales-Lopez v. U.S., No. 79-6624 (U.S. Supreme Court) (451 U.S. 182; 101 S.Ct. 1629) (April 21, 1981) (Justice White) by The Court held that the failure to honor a defendant's request to inquire into racial or ethnic prejudice is reversible error only where the circumstances of the case indicate a …

Press-Enterprise Co. v. Superior Court of California, No. 82-556 (U.S. Supreme Court) (464 U.S. 501; 104 S.Ct. 819) (January 18, 1984) (Justice Burger)

Article • February 21, 2000

Filed under: Punch And Jurists, Voir Dire

Press-Enterprise Co. v. Superior Court of California, No. 82-556 (U.S. Supreme Court) (464 U.S. 501; 104 S.Ct. 819) (January 18, 1984) (Justice Burger) by The Court held that "No right ranks higher than the right of the accused to a fair trial. But the primacy of the accused's right is …

U.S. v. Sarafini, No. 3:CR-97-0225 (M.D.Pa.) (57 F.Supp.2d 108) (June 23, 1999) (Judge Thomas I. Vanaskie)

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

Filed under: Punch And Jurists, Voir Dire

U.S. v. Sarafini, No. 3:CR-97-0225 (M.D.Pa.) (57 F.Supp.2d 108) (June 23, 1999) (Judge Thomas I. Vanaskie) by This cases is noted for its detailed examination of 140 proposed voir dire questions for prospective jurors, in which it rejected 69 of the questions and modified another, on the grounds that they …

U.S. v. Lancaster, No. 95-5012 (4th Cir.) (96 F.3d 734) (March 20, 1996) (Judge Karen J. Williams)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Voir Dire

U.S. v. Lancaster, No. 95-5012 (4th Cir.) (96 F.3d 734) (March 20, 1996) (Judge Karen J. Williams) by This en banc decision reverses a long-standing precedent in the Fourth Circuit which held that, when the Government's case depends wholly on the testimony of law enforcement agents, it is an abuse …