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Punch and Jurists: May 2, 2005

Issue PDF
Volume 12, Number 18

In this issue:

  1. Plata v. Schwarzenegger, No. C01-1351TEH (N.D.Cal.) (2005 U.S. Dist. LEXIX 8878) (May 10, 2005) (Judge Thelton E. Henderson) (p None)
  2. U.S. v. Magallanez, No. 04-8021 (10th Cir.) (408 F.3d 672) (May 17, 2005) (Judge Michael W. McConnell) (p None)
  3. U.S. v. Coleman, No. CR-2-02-130 (S.D.Ohio) (370 F.Supp.2d 661) (May 24, 2005) (Judge Algenon L. Marbley) (p None)
  4. Deck v. Missouri, No. 04-5293 (U.S. Supreme Court) (544 U.S. 622; 125 S.Ct. 2007) (May 23, 2005) (Justice Breyer) (p None)
  5. Medellin v. Dretke, No. 04-5928 (U.S. Supreme Court) (544 U.S. 660; 125 S.Ct. 2088) (May 23, 2005) (Per Curiam) (p None)
  6. U.S. v. Pineyro, No. 02-cr-10140-NG (D.Mass.) (372 F.Supp.2d 133) (May 18, 2005) (Judge Nancy Gertner) (p None)

Plata v. Schwarzenegger, No. C01-1351TEH (N.D.Cal.) (2005 U.S. Dist. LEXIX 8878) (May 10, 2005) (Judge Thelton E. Henderson)

Judge Thelton E. Henderson has never been bashful about exposing and condemning inhuman and unacceptable conditions in the state prisons in California. His brilliant 138-page decision in Madrid v. Gomez, 889 F.Supp. 1146 (N.D.Cal. 01/10/95) is still a classic: it was and is a scathing (and frightening) indictment of the ...

U.S. v. Magallanez, No. 04-8021 (10th Cir.) (408 F.3d 672) (May 17, 2005) (Judge Michael W. McConnell)

U.S. v. Magallanez, 408 F.3d 672 (10th Cir. May 17, 2005) (Judge McConnell)
U.S. v. Coleman, 2005 U.S. Dist. LEXIS 9834 (S.D.Ohio May 24, 2005) (Judge Marbley)

These two cases are noted because of their extended (and sometimes conflicting) analyses of the proper standard of proof that is required for ...

U.S. v. Coleman, No. CR-2-02-130 (S.D.Ohio) (370 F.Supp.2d 661) (May 24, 2005) (Judge Algenon L. Marbley)

U.S. v. Magallanez, 408 F.3d 672 (10th Cir. May 17, 2005) (Judge McConnell)
U.S. v. Coleman, 2005 U.S. Dist. LEXIS 9834 (S.D.Ohio May 24, 2005) (Judge Marbley)

These two cases are noted because of their extended (and sometimes conflicting) analyses of the proper standard of proof that is required for ...

Deck v. Missouri, No. 04-5293 (U.S. Supreme Court) (544 U.S. 622; 125 S.Ct. 2007) (May 23, 2005) (Justice Breyer)

By a vote of 7-to-2, the Court held that "it is unconstitutional to require an individual, appearing before a jury for a possible death sentence, to be restrained by shackles and handcuffs throughout the proceeding.".

The petitioner in this case, Carman Deck, was convicted of two counts of first-degree murder ...

Medellin v. Dretke, No. 04-5928 (U.S. Supreme Court) (544 U.S. 660; 125 S.Ct. 2088) (May 23, 2005) (Per Curiam)

Here, by a vote of 5-to-4, the Supreme Court dismissed, as "improvidently granted," a major test case on whether rulings by the World Court on American death penalty cases must be applied in U.S. courts, due to an intervening presidential order.

This is a complex and controversial case that has ...

U.S. v. Pineyro, No. 02-cr-10140-NG (D.Mass.) (372 F.Supp.2d 133) (May 18, 2005) (Judge Nancy Gertner)

This is an important decision in which Judge Gertner addressed certain aspects of the quality of medical services afforded to inmates by the Federal Bureau of Prisons (BOP). It is also the first decision we can remember seeing in which a Federal court flatly rejected the BOP’s ritual assertion that ...