Loaded on
July 1, 2006
published in Punch and Jurists
July 31, 2006
U.S. v. Carty, 453 F.3d 1214 (9th Cir. Aug. 25, 2006) (Judge Schroeder)
U.S. v. Zavala, 443 F.3d 1165 (9th Cir. Aug. 25, 2006) (Judge Schroeder)
In vacating, pending a rehearing en banc, two decisions previously reported at U.S. v. Carty, 453 U.S. 1214 (9th Cir. July 17, 2006) and ...
Loaded on
July 1, 2006
published in Punch and Jurists
July 31, 2006
Petitioner, the United States, sought a writ a mandamus ordering the United States District Court for the Central District of California to permit certain crime victims to observe in its entirety the murder trial in which they will testify, pursuant to the Crime Victims' Rights Act, 18 U.S.C.S. § 3771. ...
Loaded on
July 1, 2006
published in Punch and Jurists
July 31, 2006
Here, on remand from the Suipreme Court, the Court held that a federal statute criminalizing the possession of homemade machine guns manufactured intrastate was not an unlawful extension of Congress's commerce powers.
Loaded on
July 1, 2006
published in Punch and Jurists
July 31, 2006
Here the Court first rejected a habeas petition based on a Brady violation (that the trial court said was sufficiently serious to warrant a new trial) - and then gave a long sermon telling prosecutors how important it is to comply with Brady.
It is certainly not surprising to see ...
Loaded on
July 1, 2006
published in Punch and Jurists
July 31, 2006
In this sentencing memorandum, Judge Adelman issued a candid and perceptive analysis of some of the games being played by the appellate courts as they impose sharp limitations on judicial discretion in the wake of Booker.
The defendant in this case pled guilty to conspiracy to distribute marijuana. His sentencing ...
Loaded on
July 1, 2006
published in Punch and Jurists
July 31, 2006
This decision highlights the reality that some courts will go to great lengths to sustain the seizure of a sizeable sum of money - especially in cases involving non-English speaking immigrants who the Government alleges were involved in the drug trade.
In this case, a sharply divided panel from the ...
Loaded on
July 1, 2006
published in Punch and Jurists
July 31, 2006
Here the Third Circuit held that inchoate concerns by prison officials about the risk of biological contamination in mail addressed to inmates was not sufficient to overcome the inmates’ constitutional right to unimpeded communications with their lawyers. The Court concluded that, notwithstanding the state’s argument that the anthrax scare in ...
Loaded on
July 1, 2006
published in Punch and Jurists
July 31, 2006
Back in 2001, in an effort to show the American people that its Government was being aggressive in the newly-announced War on terrorism, the Government began offering bounties of $5,000 or more for detainees captured in Afghanistan. (See, “Close Guantanamo Now”, a Boston-Globe Editorial, February 10, 2006.) Such bounties, of ...
Loaded on
July 1, 2006
published in Punch and Jurists
July 31, 2006
In this case, a Georgia prison inmate alleged that Angela Harris, a prison guard, forced him to masturbate in front of her. When he refused, she would refuse to serve him food and would file false disciplinary complaints against him. When the inmate sued, here is what a panel from ...
Loaded on
July 1, 2006
published in Punch and Jurists
July 31, 2006
U.S. v. Rodriguez-Felix, 450 F.3d 1117 (10th Cir. June 2, 2006) (Judge Tymkovich)
U.S. v. Brownlee, 454 F.3d 131 (3rd Cir. July 18, 2006) (Judge Ambro)
Both of these cases add a great deal of insight, and lots of valuable resources, to the question of when and under what circumstances ...
Loaded on
July 1, 2006
published in Punch and Jurists
July 31, 2006
U.S. v. Rodriguez-Felix, 450 F.3d 1117 (10th Cir. June 2, 2006) (Judge Tymkovich)
U.S. v. Brownlee, 454 F.3d 131 (3rd Cir. July 18, 2006) (Judge Ambro)
Both of these cases add a great deal of insight, and lots of valuable resources, to the question of when and under what circumstances ...