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Articles by Punch & Jurists

Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice

by Punch & Jurists

In Chua, District Judge Jack Weinstein of the E.D.N.Y. addressed what he called “an important constitutional Issue” — namely, “whether a defendant may, in effect, be forced by the government to waive, as part of a plea agreement, his or her constitutional ...

Pennsylvania District Court Explores the Growing Conflict Between Federal Laws, Which Still Prohibit the Use of Any Amounts of Marijuana, and State Laws, Which Increasingly Authorize the Use of Medical Marijuana and Decriminalize the Use of Small Amounts

by Punch & Jurists

In Bey, District Judge Mark Kearney of the E.D.Pa., presented a timely review of a the growing reluctance of many Federal judges to a hardline approach in the rapidly escalating conflict between state laws (many of which authorize the use of medical marijuana) and ...

Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering

By Punch & Jurists

In a rare reversal of a witness tampering conviction, the Sixth Circuit, in Lobbins, held that the district court had given an erroneous jury instruction that misstated an essential element of the witness-tampering charge and that trial counsel had been ineffective when he failed ...

Seventh Circuit Reverses Denial of a Certificate of Innocence Needed as a Prerequisite for Damages for an Unjust Conviction and Imprisonment

by Punch & Jurists

In Abu-Shawish, the Seventh Circuit addressed a little known and little used Federal proceeding that gives people who have been unjustly convicted and imprisoned for a Federal crime a damage remedy against the United States. Here, after the Court’s recitation of the colorful history of the ...




 

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