Loaded on
May 17, 2010
published in Punch and Jurists
May 17, 2010
In theory, this case was about a double jeopardy issue - namely whether the defendant’s retrial on murder charges violated his double jeopardy rights under the U.S. Constitution because the state trial judge’s quick and sua sponte termination of the first trial was made without a finding of “manifest necessity” ...
Loaded on
May 17, 2010
published in Punch and Jurists
May 17, 2010
Here the Court held that, based on the plain language of 42 U.S.C. § 233(a), employees of the Public Health Service cannot be sued personally for damages in a Bivens lawsuit, even when they are grossly negligent in treating immigrant detainees.
At first blush, this decision appears to involve the ...
Loaded on
May 17, 2010
published in Punch and Jurists
May 17, 2010
In many ways, this is an amazing case about the conduct of criminal trials in modern-day Georgia. First of all, the defendant, one Souksakhone Phaknikone, was convicted on 15 counts of participating in a string of armed bank robberies in Georgia - and he received a sentence of 2,005 months ...
Loaded on
May 17, 2010
published in Punch and Jurists
May 17, 2010
In a Due Process and Equal Protection Clause challenge to New York's felon disenfranchisement laws, judgment on the pleadings for defendants is affirmed where: 1) plaintiffs' amended complaint failed to allege any facts as to discriminatory intent behind the legislature's adoption of the state constitutional provision at issue; and 2) ...
Loaded on
May 17, 2010
published in Punch and Jurists
May 17, 2010
Here, in a decision that sharply criticized the validity of many of the enhancements U.S.S.G. § 2G2.2, the Court vacated, as substantively unreasonable, a 240-month sentence imposed in a child porn case, calling it "manifestly unjust".
This is an important child pornography sentencing case that adds a lot of fuel ...