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Dickerson v. Napolitano, No. 09-2167-cv (2nd Cir.) (604 F.3d 732) (May 14, 2010) (Judge Robert D. Sack)

Article • June 1, 2010 • from P&J December, 2010

Filed under: Punch And Jurists, Waivers/Defaults

Dickerson v. Napolitano, No. 09-2167-cv (2nd Cir.) (604 F.3d 732) (May 14, 2010) (Judge Robert D. Sack) by In a civil rights action arising out of plaintiffs' arrests, incarcerations, and prosecutions for attempting to enter a federal building with objects resembling police badges, summary judgment for defendants is affirmed where: …

Jones v. Walker, No. 04-13562 (11th Cir.) (540 F.3d 1277) (August 20, 2008) (Judge Susan H. Black)

Article • August 1, 2008 • from P&J August, 2008

Filed under: Punch And Jurists, Consequences of Firing Appointed Counsel

Jones v. Walker, No. 04-13562 (11th Cir.) (540 F.3d 1277) (August 20, 2008) (Judge Susan H. Black) by U.S. v. Garey, 540 F.3d 1253 (11th Cir. Aug. 20, 2008) (En banc) (Judge Black) Jones v. Walker,540 F.3d 1277 (11th Cir. Aug. 20, 2008) (En banc) (Judge Black) In these two …

U.S. v. Garey, No. 05-14631 (11th Cir.) (540 F.3d 1253) (August 20, 2008) (Judge Susan H. Black)

Article • August 1, 2008 • from P&J August, 2008

Filed under: Punch And Jurists, Consequences of Firing Appointed Counsel

U.S. v. Garey, No. 05-14631 (11th Cir.) (540 F.3d 1253) (August 20, 2008) (Judge Susan H. Black) by Here the en banc Court held that a rejection by a criminal defendant of his appointed counsel can constitute a waiver of the right to counsel altogether and can prevent a subsequent …

Zedner v. U.S., No. 05-5992 (U.S. Supreme Court) (547 U.S. 489; 126 S.Ct. 1976) (June 5, 2006) (Justice Alito)

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

Filed under: Punch And Jurists, Waivers/Defaults

Zedner v. U.S., No. 05-5992 (U.S. Supreme Court) (547 U.S. 489; 126 S.Ct. 1976) (June 5, 2006) (Justice Alito) by A defendant may not prospectively waive the application of the Speedy Trial Act; and when a district court makes no findings to support an "ends of justice" continuance under 18 …

U.S. v. Zedner, No. 04-0821-cr (2nd Cir.) (401 F.3d 36) (March 8, 2005) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Zedner, No. 04-0821-cr (2nd Cir.) (401 F.3d 36) (March 8, 2005) (Judge Pierre N. Leval) by Citing concerns about allowing serious crimes to go unpunished, the Second Circuit held that errors made under the Speedy Trial Act (18 U.S.C. §§ 3161-3174) should be evaluated under a “harmless error …

Iowa v. Tovar, No. 02-1541 (U.S. Supreme Court) (541 U.S. 77; 124 S.Ct. 1379) (March 8, 2004) (Justice Ginsburg)

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

Filed under: Punch And Jurists, Waivers/Defaults

Iowa v. Tovar, No. 02-1541 (U.S. Supreme Court) (541 U.S. 77; 124 S.Ct. 1379) (March 8, 2004) (Justice Ginsburg) by In this case the Court held that while persons pleading guilty to crimes have a constitutional right to assistance of counsel, the Sixth Amendment does not impose a duty on …

U.S. v. Gonzalez, No. 01-2247 (1st Cir.) (311 F.3d 440) (November 22, 2002) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Gonzalez, No. 01-2247 (1st Cir.) (311 F.3d 440) (November 22, 2002) (Judge Michael Boudin) by Although it is a generally accepted principle of law that jurisdictional defects may be raised by a party at any point in the litigation and that a plea of guilty does not waive …

U.S. v. Ruiz, No. 01-595 (U.S. Supreme Court) (536 U.S. 622; 122 S.Ct. 2450) (June 24, 2002) (Justice Breyer)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Ruiz, No. 01-595 (U.S. Supreme Court) (536 U.S. 622; 122 S.Ct. 2450) (June 24, 2002) (Justice Breyer) by The origins of this decision was a ruling by the Ninth Circuit that challenged the validity of a standard provision in plea agreements that requires the defendant to waive her …

U.S. v. Akins, No. 99-30241 (9th Cir.) (276 F.3d 1141) (January 10, 2002) (Judge Dorothy Wright Nelson)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Akins, No. 99-30241 (9th Cir.) (276 F.3d 1141) (January 10, 2002) (Judge Dorothy Wright Nelson) by Here, in a gun prosecution case under 18 U.S.C. § 922(g)(9), the Ninth Circuit rejected the Government’s attempt to argue that the standard for waiving counsel is different in misdemeanor cases than …

Johnson v. Zerbst, No. 699 (U.S. Supreme Court) (304 U.S. 458; 58 S.Ct. 1019) (May 23, 2038) (Justice Black)

Article • January 6, 2002

Filed under: Punch And Jurists, Waivers/Defaults

Johnson v. Zerbst, No. 699 (U.S. Supreme Court) (304 U.S. 458; 58 S.Ct. 1019) (May 23, 2038) (Justice Black) by The issue in this case concerned whether the accused willingly stood trial without the benefit of counsel; and the Court held that waivers of counsel must not only be voluntary, …

U.S. v. Jimenez, No. 00-10343 (9th Cir.) (258 F.3d 1120) (July 31, 2001) (Judge Robert S. Lasnik)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Jimenez, No. 00-10343 (9th Cir.) (258 F.3d 1120) (July 31, 2001) (Judge Robert S. Lasnik) by The issue raised in this case was whether a defendant's confirmation of the accuracy of presentence report (PSR) automatically constitutes a waiver of any appellate challenge to the PSR. The Court held …

U.S. v. Akins, No. 99-30241 (9th Cir.) (243 F.3d 1199) (March 27, 2001) (Judge Dorothy Wright Nelson)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Akins, No. 99-30241 (9th Cir.) (243 F.3d 1199) (March 27, 2001) (Judge Dorothy Wright Nelson) by The defendant in this case was charged with violating 18 U.S.C. § 922(g)(9), which makes it a crime for any person "who has been convicted in any court of a misdemeanor crime …

U.S. v. Ruiz, No. 00-50048 (9th Cir.) (241 F.3d 1157) (March 5, 2001) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Ruiz, No. 00-50048 (9th Cir.) (241 F.3d 1157) (March 5, 2001) (Judge Robert Boochever) by In this case of first impression, the Court addressed the validity of a provision in a plea agreement which required the defendant to waive her rights to see favorable evidence, under Brady v. …

Sanders v. U.S., No. 99-2516 (2nd Cir.) (2001 U.S. App. LEXIS 392) (January 11, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Waivers/Defaults

Sanders v. U.S., No. 99-2516 (2nd Cir.) (2001 U.S. App. LEXIS 392) (January 11, 2001) (Per Curiam) by In this unpublished summary order, the panel denied an Apprendi claim in a case where the defendant had pled guilty, stating that when he knowingly entered into a guilty plea, he waived …

U.S. v. Garcia-Valenzuela, No. 99-50175 (9th Cir.) (232 F.3d 1003) (December 1, 2000) (Judge William A. Fletcher)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Garcia-Valenzuela, No. 99-50175 (9th Cir.) (232 F.3d 1003) (December 1, 2000) (Judge William A. Fletcher) by This case is noted for its detailed listing of the types of constitutional claims that are not barred as the result of a guilty plea, holding here that the defendant's plea did …

McMann v. Richardson, No. 153 (U.S. Supreme Court) (397 U.S. 759; 90 S.Ct. 1441) (May 4, 1970) (Justice White)

Article • June 17, 2000

Filed under: Punch And Jurists, Waivers/Defaults

McMann v. Richardson, No. 153 (U.S. Supreme Court) (397 U.S. 759; 90 S.Ct. 1441) (May 4, 1970) (Justice White) by The principal issue addressed in this case was whether and to what extent an otherwise valid guilty plea may be impeached in collateral proceedings by assertions or proof that the …

U.S. v. Ortiz-Santiago, No. 99-1053 (1st Cir.) (211 F.3d 146) (May 2, 2000) (Judge Bruce M. Selya)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Ortiz-Santiago, No. 99-1053 (1st Cir.) (211 F.3d 146) (May 2, 2000) (Judge Bruce M. Selya) by The defendant in this case pled guilty to a drug conspiracy, under a the terms of a non-binding plea agreement entered pursuant to the provisions of Fed.R.Crim.P. 11(e)(1)(B). Under the plea agreement, …

U.S. v. LeBlanc, No. 97-3994 (7th Cir.) (175 F.3d 511) (April 21, 1999) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. LeBlanc, No. 97-3994 (7th Cir.) (175 F.3d 511) (April 21, 1999) (Judge Ilana Diamond Rovner) by Here the Court held that the defendant had not "knowingly and voluntarily" waived his rights to a revocation hearing, despite being represented by counsel, and rejected the Govt's contention that a lesser …

U.S. v. Ticchiarelli, No. 98-1225 (1st Cir.) (171 F.3d 24) (March 19, 1999) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Ticchiarelli, No. 98-1225 (1st Cir.) (171 F.3d 24) (March 19, 1999) (Judge Sandra L. Lynch) by At his resentencing after a remand from the First Circuit, the defendant questioned the calculated weight of the drugs attributed to him. He claimed that the assigned weight overcounted his liability because …

Warner v. Orange County Dept. of Probation, No. 95-7055 (2nd Cir.) (173 F.3d 120) (April 19, 1999) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Waivers/Defaults

Warner v. Orange County Dept. of Probation, No. 95-7055 (2nd Cir.) (173 F.3d 120) (April 19, 1999) (Judge Pierre N. Leval) by The Court held that a probationer's failure to object to or earlier appeal from the imposition of a special condition of probation requiring his to attend AAA meetings …