Search | Punch and Jurists

U.S. v. Jacques, No. 11-2142-cr (2nd Cir.) (684 F.3d 324) (July 9, 2012) (Judge Ralph K. Jr. Winter)

Article • December 1, 2012

Filed under: Punch And Jurists, Evidence - Admissibility/Exclusion of

U.S. v. Jacques, No. 11-2142-cr (2nd Cir.) (684 F.3d 324) (July 9, 2012) (Judge Ralph K. Jr. Winter) by In an appeal of pre-trial orders in a death penalty case, the District Court's exclusion of evidence that the government sought to offer in the punishment phase is: 1) affirmed in …

U.S. v. Wallette, No. 11-2215 (8th Cir.) (686 F.3d 476) (July 9, 2012) (Judge Lavenski R. Smith)

Article • December 1, 2012

Filed under: Punch And Jurists, Evidence - Admissibility/Exclusion of

U.S. v. Wallette, No. 11-2215 (8th Cir.) (686 F.3d 476) (July 9, 2012) (Judge Lavenski R. Smith) by Editor's Note: For a commentary on this decision, see "Eighth Circuit rules missing exhibit did not prejudice criminal defendant," by Sheri Qualters, as published in The National Law Journal on July 11, …

U.S. v. U.S. District Court (Keith), No. 70-153 (U.S. Supreme Court) (407 U.S. 297; 92 S.Ct. 2125) (June 19, 1972) (Justice Powell)

Article • December 31, 2011

Filed under: Punch And Jurists, Wiretaps/Wiretap Evidence

U.S. v. U.S. District Court (Keith), No. 70-153 (U.S. Supreme Court) (407 U.S. 297; 92 S.Ct. 2125) (June 19, 1972) (Justice Powell) by The United States petitioned for writ of mandamus to compel district judge to vacate order directing the United States to make full disclosure of electronically monitored telephone …

Securities and Exchange Commission v. Rajaratnam, No. 10-462-cv (2nd Cir.) (622 F.3d 159) (September 20, 2010) (Judge Gerard E. Lynch)

Article • November 8, 2010 • from P&J November, 2010

Filed under: Punch And Jurists, Franks Hearing

Securities and Exchange Commission v. Rajaratnam, No. 10-462-cv (2nd Cir.) (622 F.3d 159) (September 20, 2010) (Judge Gerard E. Lynch) by In this decision, the Second Circuit overturned an order requiring defendants in the Galleon securities fraud case (an offshoot of what has been labeled “the largest hedge-fund insider trading …

U.S. v. Harris, No. 05-3808 (7th Cir.) (464 F.3d 733) (September 27, 2006) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Franks Hearing

U.S. v. Harris, No. 05-3808 (7th Cir.) (464 F.3d 733) (September 27, 2006) (Judge Ann Claire Williams) by Here the Court reversed a drug conviction and remanded for a Franks hearing after concluding that the district court had erred when it allowed the Government to bolster the magistrate's probable cause …

In Re: Application of the U.S. for a Roving Interception Order, No. 02-15635 (9th Cir.) (349 F.3d 1132) (November 19, 2003) (Judge Marsha L. Berzon)

Article • October 1, 2003 • from P&J September, 2010

Filed under: Punch And Jurists, Wiretap Applications

In Re: Application of the U.S. for a Roving Interception Order, No. 02-15635 (9th Cir.) (349 F.3d 1132) (November 19, 2003) (Judge Marsha L. Berzon) by Lately, there seems to be no limit to the powers that the F.B.I. wants - or abuses. This past week, the House Committee on …

Franks v. Delaware, No. 77-5176 (U.S. Supreme Court) (438 U.S. 154; 98 S.Ct. 2674) (June 26, 1978) (Justice Blackmun)

Article • March 11, 2003

Filed under: Punch And Jurists, Franks Hearing

Franks v. Delaware, No. 77-5176 (U.S. Supreme Court) (438 U.S. 154; 98 S.Ct. 2674) (June 26, 1978) (Justice Blackmun) by Here the Court held that evidence seized pursuant to a search warrant based on materially false and misleading information is not admissible absent a hearing (a "Franks hearing") to determine …

U.S. v. Donovan, No. 75-212 (U.S. Supreme Court) (429 U.S. 413; 97 S.Ct. 658) (January 18, 1977) (Justice Powell)

Article • November 27, 1999

Filed under: Punch And Jurists, Identification of Targets

U.S. v. Donovan, No. 75-212 (U.S. Supreme Court) (429 U.S. 413; 97 S.Ct. 658) (January 18, 1977) (Justice Powell) by In this case, where the Government failed to identify every target of the wiretap, the Court held that "the ommission on the part of law enforcement authorities was not a …

On Lee v. U.S., No. 543 (U.S. Supreme Court) (343 U.S. 747; 72 S.Ct. 967) (June 2, 2052) (Justice Jackson)

Article • July 20, 1999

Filed under: Punch And Jurists, Evidence - Admissibility/Exclusion of

On Lee v. U.S., No. 543 (U.S. Supreme Court) (343 U.S. 747; 72 S.Ct. 967) (June 2, 2052) (Justice Jackson) by Here the Court held, over several strenuous dissents, that evidence received by a Federal undercover agent by means of a secret radio transmitter, was admissible and did not violate …

In Re U.S., No. Civ.A. 99-10015-MBD (D.Mass.) (36 F.Supp.2d 430) (February 9, 1999) (Judge William G. Young)

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

Filed under: Punch And Jurists, Wiretap Applications

In Re U.S., No. Civ.A. 99-10015-MBD (D.Mass.) (36 F.Supp.2d 430) (February 9, 1999) (Judge William G. Young) by Here the Court granted a broad, in camera application of the Government to compel a cable company to release information about its subscribers, which the Court said raised "ephermal puzzles" that it …

U.S. v. McClellan, No. 97-3370 (7th Cir.) (165 F.3d 535) (January 4, 1999) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Franks Hearing

U.S. v. McClellan, No. 97-3370 (7th Cir.) (165 F.3d 535) (January 4, 1999) (Judge John L. Coffey) by In rejecting a claim of error based on a refusal to grant a Frank's hearing, the Court ruled that such refusal is reviewed only for clear error and "we presume that the …

U.S. v. Gruber, No. CR94-2022-MJM (N.D.Iowa) (994 F.Supp. 1026) (February 3, 1998) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Franks Hearing

U.S. v. Gruber, No. CR94-2022-MJM (N.D.Iowa) (994 F.Supp. 1026) (February 3, 1998) (Judge Mark W. Bennett) by Case is noted for one of Judge Bennett's typically detailed analyses, this time on the correct standards for wiretap evidence - from probable cause, to the necessity requirements, to the Government's obligations to …

U.S. v. King, No. 96 CR 839(NG) (E.D.N.Y.) (991 F.Supp. 77) (January 7, 1998) (Judge Nina Gershon)

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

Filed under: Punch And Jurists, Franks Hearing

U.S. v. King, No. 96 CR 839(NG) (E.D.N.Y.) (991 F.Supp. 77) (January 7, 1998) (Judge Nina Gershon) by Case rejected a broad range of challenges to wiretap evidence and held that defendants were not entitled to a Franks hearing on alleged misrepresentations and omissions in the application papers.

U.S. v. Salemme, No. 94-10287 (D.Mass.) (978 F.Supp. 386) (June 26, 1997) (Judge Mark L. Wolf)

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

Filed under: Punch And Jurists, Franks Hearing

U.S. v. Salemme, No. 94-10287 (D.Mass.) (978 F.Supp. 386) (June 26, 1997) (Judge Mark L. Wolf) by This series of six Orders bristles with intrigue, coverups and undercurrents of serious Government misconduct. For example, in an ex parte submission to the Magistrate Judge initially involved in this case, the Government …

Franklin v. Henry, No. 96-16320 (9th Cir.) (122 F.3d 1270) (August 29, 1997) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Evidence - Admissibility/Exclusion of

Franklin v. Henry, No. 96-16320 (9th Cir.) (122 F.3d 1270) (August 29, 1997) (Judge John T. Jr. Noonan) by Walters v. McCormick, 122 F.3d 1172 (9th Cir. 1997) (Judge Farris) Franklin v. Henry, 122 F.3d 1270 (9th Cir. 1997) (Judge Noonan) Both of these cases deal with child molestation crimes …

Walters v. McCormick, No. 94-35684 (9th Cir.) (122 F.3d 1172) (August 15, 1997) (Judge Jerome Farris)

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

Filed under: Punch And Jurists, Evidence - Admissibility/Exclusion of

Walters v. McCormick, No. 94-35684 (9th Cir.) (122 F.3d 1172) (August 15, 1997) (Judge Jerome Farris) by Over the strong dissent of Judge Noonan, the Court held it was proper to admit the testimony of a child victim even though there were serious questions about her ability to recognize the …

U.S. v. Rouse, No. 95-1554 (8th Cir.) (100 F.3d 560) (November 12, 1996) (Judge Myron H. Bright)

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

Filed under: Punch And Jurists, Evidence - Admissibility/Exclusion of

U.S. v. Rouse, No. 95-1554 (8th Cir.) (100 F.3d 560) (November 12, 1996) (Judge Myron H. Bright) by

U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Evidence - Admissibility/Exclusion of

U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes) by Case held that Title III's protections extend to prisoner's conversations over institutional telephones.