Loaded on
March 1, 2007
published in Punch and Jurists
May 28, 2007
Boumediene v. Bush, 549 U.S. 1328, 127 S.Ct. 1378 (Apr. 2, 2007) (Per Curiam) (No. 06-1195) and
Al Odah v. U.S., (No. 06-1196) (U.S. Sup. Ct. Apr. 2, 2007) (Per Curiam)
A divided Supreme Court has declined to hear an expedited appeals filed by two groups of detainees at Guantanamo ...
Loaded on
May 1, 2007
published in Punch and Jurists
May 28, 2007
On the evening of March 20, 2004, four Washington, D.C. police officers who were riding in an unmarked police car received a radio alert that an unidentified suspect had attempted to steal a car a few blocks from their location. The suspect was described as “a black male, 5'8" in ...
Loaded on
May 1, 2007
published in Punch and Jurists
May 28, 2007
This case represents the tenth time that the Supreme Court has ruled on a capital case during its October 2006 Term; and, in each of those decisions, the Court split by a 5-to-4 vote with Justice Kennedy providing the swing vote: five times he voted with the conservative bloc and ...
Loaded on
May 1, 2007
published in Punch and Jurists
May 28, 2007
This decision contains an exhaustive review of the many factors that generally determine whether or not an investigative stop is lawful under the parameters of Terry v. Ohio, 392 U.S. 1 (1968). However, two unusual features set this case apart from the typical Terry-stop case.
First, while many Terry decisions ...
Loaded on
May 1, 2007
published in Punch and Jurists
May 28, 2007
For a summary of this ruling, see "In Shift, Judge Eases Limits on Surveillance By the Police," by Alan Feuer, The New York Times, June 14, 2007:
"In a startling legal reversal, a federal judge in Manhattan decided yesterday to vacate his own order that had greatly limited the New ...
Loaded on
May 1, 2007
published in Punch and Jurists
May 28, 2007
The issue before the Court in this case was whether a passenger in a vehicle that is subject to a traffic stop is thereby “seized” for purposes of the Fourth Amendment, thus allowing the passenger - and not just the driver - to challenge the constitutionality of the traffic stop. ...
Loaded on
May 1, 2007
published in Punch and Jurists
May 28, 2007
The question whether one can “knowingly” possess drugs without having actual knowledge of it has always vexed defense counsel - and has even confused the courts. More than 30 years ago, the Ninth Circuit attempted to resolve that issue by holding, in U.S. v. Jewell, 532 F.2d 679 (9th Cir. ...