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Punch and Jurists: May 3, 2010

Issue PDF
Volume 17, Number 9

In this issue:

  1. U.S. v. Stevens, No. 08-769 (U.S. Supreme Court) (559 U.S. 469; 130 S.Ct. 1577) (April 20, 2010) (Justice (John G.) Roberts) (p None)
  2. Bolarinwa v. Williams, No. 08-0832-pr (2nd Cir.) (593 F.3d 226) (January 28, 2010) (Judge Robert A. Katzmann) (p None)
  3. Kindhearts For Charitable Human. Dev. v. Geithner, No. 3:08CV2400 (N.D.Ohio) (676 F.Supp.2d 649) (October 26, 2009) (Judge James G. Carr) (p None)
  4. U.S. v. Johnston, No. 06-6397 (6th Cir.) (595 F.3d 292) (February 11, 2010) (Judge Ronald Lee Gilman) (p None)
  5. U.S. v. Brown, No. 06-cr-071-1-2-SM (D.N.H.) (754 F.Supp.2d 311) (April 9, 2010) (Judge Steven J. McAuliffe) (p None)
  6. Doe v. Holder, No. 04 Civ. 2614 (VM) (S.D.N.Y.) (665 F.Supp.2d 426) (October 20, 2009) (Judge Victor Marrero) (p None)
  7. U.S. v. Cerna, No. 09-1170-cr (2nd Cir.) (603 F.3d 32) (April 27, 2010) (Judge Robert A. Katzmann) (p None)

U.S. v. Stevens, No. 08-769 (U.S. Supreme Court) (559 U.S. 469; 130 S.Ct. 1577) (April 20, 2010) (Justice (John G.) Roberts)

Here, by an 8 to 1 vote, the Court struck down as unconstitutionally overbroad 18 U.S.C. § 48, a law which criminalizes the creation or sale of depictions of animal cruelty, calling the law a “criminal prohibition of alarming breadth”.

In 1999, Congress enacted 18 U.S.C. § 48, a law ...

Bolarinwa v. Williams, No. 08-0832-pr (2nd Cir.) (593 F.3d 226) (January 28, 2010) (Judge Robert A. Katzmann)

In a murder prosecution, dismissal of petitioner's habeas petition as untimely is vacated where petitioner's mental illness could serve as a ground for equitable tolling of the one-year statute of limitations for filing habeas petitions prescribed by the Antiterrorism and Effective Death Penalty Act.

Kindhearts For Charitable Human. Dev. v. Geithner, No. 3:08CV2400 (N.D.Ohio) (676 F.Supp.2d 649) (October 26, 2009) (Judge James G. Carr)

Here Judge Carr followed up on his earlier landmark ruling by enjoining the Government from proceeding to designate a domestic charity as a “Specially Designated Global Terrorist” pending his determination of the “proper remedy”.

Two weeks after the 9/11 terrorist attacks, President Bush promulgated an Executive Order (“EO 13224") which ...

U.S. v. Johnston, No. 06-6397 (6th Cir.) (595 F.3d 292) (February 11, 2010) (Judge Ronald Lee Gilman)

Here the Court affirmed a dramatic increase under 18 U.S.C. § 3614 in the defendant’s prison sentence and in the amount of restitution he was required to pay due to his "willful failure" to pay the restitution that was previously ordered.

Normally, once a sentence is imposed, it cannot be ...

U.S. v. Brown, No. 06-cr-071-1-2-SM (D.N.H.) (754 F.Supp.2d 311) (April 9, 2010) (Judge Steven J. McAuliffe)

Here the Court rejected the Government’s patently absurd proposition that a person who is convicted of a non-firearms related felony can no longer divest himself of legal title to any firearms he legally owned prior to that conviction.

Cases like this make one understand why organizations like the NRA and ...

Doe v. Holder, No. 04 Civ. 2614 (VM) (S.D.N.Y.) (665 F.Supp.2d 426) (October 20, 2009) (Judge Victor Marrero)

[Editor's Note: For a chronological listing of the various decisions in this line of cases, see these prior and subsequent related decisions:

• Doe v. Ashcroft, 334 F. Supp. 2d 471 (S.D.N.Y. Seprt. 28, 2004) (Judge Marrero)

• Doe v. Gonzales, 386 F. Supp. 2d 66 (D. Conn. Sept. 9, ...

U.S. v. Cerna, No. 09-1170-cr (2nd Cir.) (603 F.3d 32) (April 27, 2010) (Judge Robert A. Katzmann)

Here, citing Padilla v. Kentucky, the Court held that "exceptionally poor quality of representation" by counsel can provide the basis for a collateral challenge to the legality of a deportation order under 8 U.S.C. 1326(d).

This decision is another variation on the Supreme Court’s recent landmark decision in Padilla v. ...