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Punch and Jurists: September 22, 2003

Issue PDF
Volume 10, Number 38

In this issue:

  1. U.S. v. Search of Law Office, Residence, No. 02-51031 (5th Cir.) (341 F.3d 404) (July 31, 2003) (Judge Patrick E. Higginbotham) (p None)
  2. In Re: Grand Jury Subpoena, No. 03-1269 (4th Cir.) (341 F.3d 331) (August 19, 2003) (Judge William W. Jr. Wilkins) (p None)
  3. U.S. v. Garcia, No. 03-10067 (9th Cir.) (340 F.3d 1013) (August 25, 2003) (Judge Stephen Reinhardt) (p None)
  4. Marion County Jail Inmates v. Anderson, No. IP72-0425-C-B/S (S.D.Ind.) (270 F.Supp.2d 1034) (July 10, 2003) (Judge Sarah Evans Barker) (p None)
  5. U.S. v. Connolly, No. 02-2201 (1st Cir.) (341 F.3d 16) (August 14, 2003) (Judge Kermit A. Lipez) (p None)
  6. U.S. v. Capanelli, No. 01 CR. 1121 (CSH) (S.D.N.Y.) (270 F.Supp.2d 467) (July 14, 2003) (Judge Charles S. Jr. Haight) (p None)
  7. Joshua v. Dewitt, No. 01-4118 (6th Cir.) (341 F.3d 430) (August 7, 2003) (Judge William J. Jr. Haynes) (p None)
  8. U.S. v. Twine, No. 03-10393 (9th Cir.) (344 F.3d 987) (September 19, 2003) (Per Curiam) (p None)
  9. U.S. v. Palladino, No. 03-1146 (2nd Cir.) (347 F.3d 29) (October 10, 2003) (Judge Jose A. Cabranes) (p None)

U.S. v. Search of Law Office, Residence, No. 02-51031 (5th Cir.) (341 F.3d 404) (July 31, 2003) (Judge Patrick E. Higginbotham)

Here the Court held that a substantial showing of irreparable harm is required to permit a district court to entertain, on equitable grounds, a motion, pursuant to Rule 41(e), to completely suppress evidence, particularly in advance of an indictment.

This is a wild and wooly tale of betrayal and intrigue ...

In Re: Grand Jury Subpoena, No. 03-1269 (4th Cir.) (341 F.3d 331) (August 19, 2003) (Judge William W. Jr. Wilkins)

This case is noted as an example of how easy it is for the average person, untrained in the subtleties of the law, to waive valuable rights. The unnamed Appellant in this case, a person of Middle Eastern descent, moved to quash a subpoena served on his former attorney (“Counsel”) ...

U.S. v. Garcia, No. 03-10067 (9th Cir.) (340 F.3d 1013) (August 25, 2003) (Judge Stephen Reinhardt)

The two defendants in this case were former prison guards at the Pelican Bay State prison in California. They were convicted of conspiring with other correctional officers to organize stabbings, assaults, and intimidation of selected inmates by other inmates, in violation of 18 U.S.C. § 241. They were sentenced to ...

Marion County Jail Inmates v. Anderson, No. IP72-0425-C-B/S (S.D.Ind.) (270 F.Supp.2d 1034) (July 10, 2003) (Judge Sarah Evans Barker)

Here, finding that the conditions at the Marion County Jail were neither “safe” nor “humane,” District Judge Sarah Barker held that Sheriff Frank Anderson was in contempt for failing to comply with her previous court orders to improve those conditions. Of note, Judge Barker concluded: “We do not find the ...

U.S. v. Connolly, No. 02-2201 (1st Cir.) (341 F.3d 16) (August 14, 2003) (Judge Kermit A. Lipez)

Defendant was convicted in the United States District Court for the District of Massachusetts of racketeering, under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962(c), obstruction of justice, and making false statements. He was sentenced to 121 months of imprisonment, followed by a two-year period of ...

U.S. v. Capanelli, No. 01 CR. 1121 (CSH) (S.D.N.Y.) (270 F.Supp.2d 467) (July 14, 2003) (Judge Charles S. Jr. Haight)

This case is noted as an example of how easy it is for the average person, untrained in the subtleties of the law, to waive valuable rights. The unnamed Appellant in this case, a person of Middle Eastern descent, moved to quash a subpoena served on his former attorney (“Counsel”) ...

Joshua v. Dewitt, No. 01-4118 (6th Cir.) (341 F.3d 430) (August 7, 2003) (Judge William J. Jr. Haynes)

The Court held that the continued detention of petitioner at the conclusion of a traffic stop could not be justified solely on the basis of a police flyer identifying him as a drug courier absent some proof that the flyer was based on reasonable suspicion.

This case is noted principally ...

U.S. v. Twine, No. 03-10393 (9th Cir.) (344 F.3d 987) (September 19, 2003) (Per Curiam)

Here, joining the First, Third and Fifth Circuits, the Ninth Circuit held that the Bail Reform Act (18 U.S.C. § 3142) does not authorize pretrial detention based solely upon a finding of dangerousness to the community. The Court also agreed with holdings from the Fifth, Seventh, Eleventh and D.C. Circuits ...

U.S. v. Palladino, No. 03-1146 (2nd Cir.) (347 F.3d 29) (October 10, 2003) (Judge Jose A. Cabranes)

We found this to be a surprising decision - and a classic example of the proverb “beware what you wish for.” Here, the defendant, John Palladino, won a “victory” by convincing the Second Circuit that he had the right to withdraw his plea because the Government had violated the terms ...