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Punch and Jurists: April 5, 2010

Issue PDF
Volume 17, Number 7

In this issue:

  1. U.S. v. Cioffi, No. 08-CR-415 (FB) (E.D.N.Y.) (668 F.Supp.2d 385) (November 2, 2009) (Judge Frederic Block) (p None)
  2. Brooks v. City of Seattle, No. 08-35526 (9th Cir.) (599 F.3d 1018) (March 26, 2010) (Judge Cynthia Holcomb Hall) (p None)
  3. Padilla v. Kentucky, No. 08-651 (U.S. Supreme Court) (559 U.S. 356; 130 S.Ct. 1473) (March 31, 2010) (Justice Stevens) (p None)
  4. Wilner v. National Security Agency, No. 08-4726-cv (2nd Cir.) (592 F.3d 60) (December 30, 2009) (Judge Jose A. Cabranes) (p None)
  5. Kiobel v. Millson, No. 07-3903-cv (2nd Cir.) (592 F.3d 78) (January 8, 2010) (Judge Jose A. Cabranes) (p None)
  6. U.S. v. Thompson, No. 09-1926 (7th Cir.) (599 F.3d 595) (March 19, 2010) (Judge Diane S. Sykes) (p None)
  7. Berghuis v. Smith, No. 08-1402 (U.S. Supreme Court) (559 U.S. 314; 130 S.Ct. 1382) (March 30, 2010) (Justice Ginsburg) (p None)
  8. In Re. U.S., No. 08-9131-MC (D.Or.) (665 F.Supp.2d 1210) (June 23, 2009) (Judge Michael W. Mosman) (p None)
  9. In Re: NSA Telecommunucations Records Litigation, No. 07-0109-VRW (N.D.Cal.) (700 F.Supp.2d 1282) (March 31, 2010) (Judge Vaughn R. Walker) (p None)

U.S. v. Cioffi, No. 08-CR-415 (FB) (E.D.N.Y.) (668 F.Supp.2d 385) (November 2, 2009) (Judge Frederic Block)

Matthew Tannin, one of the defendants in this case, was charged with conspiracy, securities fraud and wire fraud in connection with two hedge funds he managed for Bear Stearns. In July, 2009, the Government applied for and received a search warrant to search Tannin’s personal emails created on or before ...

Brooks v. City of Seattle, No. 08-35526 (9th Cir.) (599 F.3d 1018) (March 26, 2010) (Judge Cynthia Holcomb Hall)

Here a sharply divided panel held that three Seattle police officers “acted reasonably” when they tasered a pregnant woman three separate times because she refused s sign a traffic citation; and that they were therefore entitled to immunity.

One need only read the opening paragraph of Judge Marsha Berzon’s blistering ...

Padilla v. Kentucky, No. 08-651 (U.S. Supreme Court) (559 U.S. 356; 130 S.Ct. 1473) (March 31, 2010) (Justice Stevens)

Here in a significant expansion of the Sixth Amendment, the Supreme Court held that attorneys have a constitutional obligation to advise clients of the collateral immigration consequences of a guilty plea, such as deportation, in a criminal case.

This game-changing ruling may be the Supreme Court’s sleeper decision of the ...

Wilner v. National Security Agency, No. 08-4726-cv (2nd Cir.) (592 F.3d 60) (December 30, 2009) (Judge Jose A. Cabranes)

In a Freedom of Information Act (FOIA) action filed by attorneys for Guantanamo Bay detainees seeking information regarding whether the government intercepted plaintiffs' communications relating to the representation of their detainee clients, an order upholding the National Security Agency's (NSA) and Department of Justice's responses neither confirming nor denying the ...

Kiobel v. Millson, No. 07-3903-cv (2nd Cir.) (592 F.3d 78) (January 8, 2010) (Judge Jose A. Cabranes)

For a commentary on this decision, see "2nd Circuit Reverses Sanctions Against Cravath Attorneys in Alien Tort Case: Judges split on magistrate judges' authority to sanction attorneys," by Mark Hamblett, as published in the New York Law Journal at http://alm-editorial-us.msgfocus.com/c/1kumPkuwHJ0f3PNiC on January 11, 2009 as follows:

"A panel of the ...

U.S. v. Thompson, No. 09-1926 (7th Cir.) (599 F.3d 595) (March 19, 2010) (Judge Diane S. Sykes)

In a case of first impression, the Court held that a supervised release revocation hearing by video-conferencing violates Rule 32.1(b)(2) of the Fed.R.Crim.P. since it does not grant him the "opportunity to appear" as required by that Rule.

After serving a prison term for bank robbery, Christopher Thompson was released ...

Berghuis v. Smith, No. 08-1402 (U.S. Supreme Court) (559 U.S. 314; 130 S.Ct. 1382) (March 30, 2010) (Justice Ginsburg)

The Sixth Amendment provides in part that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed . . . . ”; and the Supreme Court has ...

In Re. U.S., No. 08-9131-MC (D.Or.) (665 F.Supp.2d 1210) (June 23, 2009) (Judge Michael W. Mosman)

Here the Court presented a detailed analysis of the scope of the Stored Communications Act; and held that notice is not required to be delivered to email subscribers when the Government obtains a warrant to search their emails.

In this case, the Government applied for (a) a search warrant to ...

In Re: NSA Telecommunucations Records Litigation, No. 07-0109-VRW (N.D.Cal.) (700 F.Supp.2d 1282) (March 31, 2010) (Judge Vaughn R. Walker)

Here Judge Walker granted the plaintiffs’ motion for summary judgment in their lawsuit for damages based on claims of being unlawfully wiretapped under the NSA’s Warrantless Surveillance Program, rejecting the Government's claim of state secrets.

This is the latest in a series of rulings involving the NSA’s massive Warrantless Surveillance ...