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Punch and Jurists: August 21, 2006

Volume 13, Number 33

In this issue:

  1. U.S. v. Gonzalez, No. 05-2555 (7th Cir.) (462 F.3d 754) (September 11, 2006) (Judge Richard A. Posner) (p None)
  2. Kesser v. Cambra, No. 02-15475 (9th Cir.) (465 F.3d 351) (September 11, 2006) (Judge Jay S. Bybee) (p None)
  3. Comer v. Schriro, No. 98-99003 (9th Cir.) (463 F.3d 964) (September 13, 2006) (Judge Warren J. Ferguson) (p None)
  4. U.S. v. Jimenez, No. 04-51225 (5th Cir.) (464 F.3d 555) (September 12, 2006) (Judge Carl E. Stewart) (p None)
  5. U.S. v. Likens, No. 05-3917 (8th Cir.) (464 F.3d 823) (September 22, 2006) (Judge Roger L. Wollman) (p None)
  6. Dickson v. Quarterman, No. 05-70032 (5th Cir.) (453 F.3d 643) (June 22, 2006) (Judge Emilio M. Garza) (p None)
  7. U.S. v. Okai, No. 05-3560 (10th Cir.) (454 F.3d 848) (July 20, 2006) (Judge Donald P. Lay) (p None)
  8. U.S. v. Arevalo-Juarez, No. 05-16313 (11th Cir.) (464 F.3d 1245) (September 15, 2006) (Judge Stanley Marcus) (p None)
  9. U.S. v. Carter, No. 05-6129 (6th Cir.) (463 F.3d 526) (September 18, 2006) (Judge Karen Nelson Moore) (p None)
  10. U.S. v. Reuter, No. 05-4503 (7th Cir.) (463 F.3d 792) (September 19, 2006) (Judge Richard A. Posner) (p None)

U.S. v. Gonzalez, No. 05-2555 (7th Cir.) (462 F.3d 754) (September 11, 2006) (Judge Richard A. Posner)

U.S. v. Gonzalez, 462 F.3d 754 (7th Cir. Sept. 11, 2006) (Judge Posner)
U.S. v. Reuter, 463 F.3d 792 (7th Cir. Sept. 19, 2006) (Judge Posner)

The New York Sun once called Judge Posner the leading candidate for the title “World's Foremost Authority.” (See, www.law.uchicago.edu/news/posner-authority.html)). Well, apparently, Judge Posner must ...

Kesser v. Cambra, No. 02-15475 (9th Cir.) (465 F.3d 351) (September 11, 2006) (Judge Jay S. Bybee)

In a decision that emphasizes how difficult it is to prove a Batson violation, a closely divided en banc court from the Ninth Circuit held, some 11 years after the murder trial at issue, that a prosecutor’s decision to strike three Native Americans and one Asian from the jury was ...

Comer v. Schriro, No. 98-99003 (9th Cir.) (463 F.3d 964) (September 13, 2006) (Judge Warren J. Ferguson)

In a case that goes to the heart of the role the death penalty should play in a civilized society, a divided panel from the Ninth Circuit granted habeas relief to a so-called death penalty volunteer - a death row inmate who attempted to waive his right to appeal - ...

U.S. v. Jimenez, No. 04-51225 (5th Cir.) (464 F.3d 555) (September 12, 2006) (Judge Carl E. Stewart)

This is an interesting Confrontation Clause decision that explores whether a defendant’s Confrontation Clause rights were violated when the district court limited the cross-examination of a police officer/material witness about the details of his surveillance of the defendant on the grounds that such testimony was protected because it involved “police ...

U.S. v. Likens, No. 05-3917 (8th Cir.) (464 F.3d 823) (September 22, 2006) (Judge Roger L. Wollman)

The defendant in this case pled guilty to possession of a gun by a felon, and certain related crimes. His Guideline sentencing range was 15 to 21 months. However, after carefully reviewing a number of sentencing factors, the district court (Judge Pratt of the S.D.Iowa) concluded that, because the defendant’s ...

Dickson v. Quarterman, No. 05-70032 (5th Cir.) (453 F.3d 643) (June 22, 2006) (Judge Emilio M. Garza)

Petitioner inmate was convicted of capital murder in a Texas state court and was sentenced to death. The United States District Court for the Northern District of Texas denied his petition for a writ of habeas corpus and refused to issue a certificate of appealability (COA). On appeal, the inmate ...

U.S. v. Okai, No. 05-3560 (10th Cir.) (454 F.3d 848) (July 20, 2006) (Judge Donald P. Lay)

The prosecution sought review of a decision of the U.S. District Court for the District of Nebraska, which, after defendant pleaded guilty to uttering counterfeit currency with the intent to defraud, a violation of 18 U.S.C.S. § 472, sentenced him to eight months' imprisonment, with credit for time served, and ...

U.S. v. Arevalo-Juarez, No. 05-16313 (11th Cir.) (464 F.3d 1245) (September 15, 2006) (Judge Stanley Marcus)

The defendant in this case pled guilty to a charge of unlawful reentry into the United States after removal following a felony conviction, in violation of 8 U.S.C. §§ 1326(a) and (b). His Guideline sentencing range was 46 to 57 months in prison; but the district court departed downward and ...

U.S. v. Carter, No. 05-6129 (6th Cir.) (463 F.3d 526) (September 18, 2006) (Judge Karen Nelson Moore)

U.S. v. Reuter, No. 05-4503 (7th Cir.) (463 F.3d 792) (September 19, 2006) (Judge Richard A. Posner)

U.S. v. Gonzalez, 462 F.3d 754 (7th Cir. Sept. 11, 2006) (Judge Posner)
U.S. v. Reuter, 463 F.3d 518 (7th Cir. Sept. 19, 2006) (Judge Posner)

The New York Sun once called Judge Posner the leading candidate for the title “World's Foremost Authority.” (See, www.law.uchicago.edu/news/posner-authority.html)). Well, apparently, Judge Posner must ...