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Punch and Jurists: October 17, 2011

Issue PDF
Volume 18, Number 21

In this issue:

  1. U.S. v. Rogers, No. 09-2405 (1st Cir.) (659 F.3d 74) (October 4, 2011) (Justice Souter) (p None)
  2. Heller v. District of Columbia, No. 10-7036 (D.C. Cir.) (670 F.3d 1244) (October 4, 2011) (Judge Douglas Ginsburg) (p None)
  3. Vidrine v. U.S., No. 6:07-CV-1204-RFD-KK (W.D.La.) (2011 WL 7047837) (September 30, 2011) (Judge Rebecca F. Doherty) (p None)
  4. Mohammed v. Holder, No. 07-cv-02697 (D.Colo.) ( F.Supp.2d ) (September 29, 2011) (Judge Marcia S. Krieger) (p None)
  5. U.S. v. Johnson, No. 09-31106 (5th Cir.) (648 F.3d 273) (July 28, 2011) (Judge Patrick E. Higginbotham) (p None)
  6. U.S. v. Lente, No. 10-2194 (10th Cir.) (647 F.3d 1021) (July 29, 2011) (Judge Scott M. Jr. Matheson) (p None)

U.S. v. Rogers, No. 09-2405 (1st Cir.) (659 F.3d 74) (October 4, 2011) (Justice Souter)

In this case, a panel from the First Circuit addressed two separate Miranda issues (see, Miranda v. Arizona, 384 U.S. 436 (1966)) - one relating to custodial interrogations, and the other relating the sufficiency of a curative Miranda warning given after the defendant was subjected to a first interrogation without ...

Heller v. District of Columbia, No. 10-7036 (D.C. Cir.) (670 F.3d 1244) (October 4, 2011) (Judge Douglas Ginsburg)

Here a divided panel held that the District of Columbia’s revised bans on assault weapons and large capacity magazines do not violate the Second Amendment’s right to keep and bear arms; but it questioned some of the new gun registration requirements.

In June of 2008, the Supreme Court issued its ...

Vidrine v. U.S., No. 6:07-CV-1204-RFD-KK (W.D.La.) (2011 WL 7047837) (September 30, 2011) (Judge Rebecca F. Doherty)

Here the Court ordered the Government to pay $1.7 in actual damages after finding that the Government had prosecuted the plaintiff with malice and without probable cause, based principally on the false and and fabricated testimony of one EPA agent.

In this chilling 142-page ruling, Judge Rebecca Doherty explained her ...

Mohammed v. Holder, No. 07-cv-02697 (D.Colo.) ( F.Supp.2d ) (September 29, 2011) (Judge Marcia S. Krieger)

In this case, Judge Krieger upheld a convicted terrorist’s contention that he has a First Amendment right to challenge strict prison rules that effectively bar him from almost all communications with the outside world - including immediate members of his family. The ruling is also a rare setback to the ...

U.S. v. Johnson, No. 09-31106 (5th Cir.) (648 F.3d 273) (July 28, 2011) (Judge Patrick E. Higginbotham)

Here a divided panel held that a district court’s consideration at a sentencing hearing of the defendant’s five prior arrests violated due process since such arrests, standing alone, do not constitute reliable information for sentencing purposes.

While on patrol in New Orleans, two police officers encountered a group of young ...

U.S. v. Lente, No. 10-2194 (10th Cir.) (647 F.3d 1021) (July 29, 2011) (Judge Scott M. Jr. Matheson)

Here the Court vacated, as procedurally unreasonable, a 192-month sentence on the grounds that the district court did not “expressly consider” 18 U.S.C. § 3553(a)(6) and its directive that sentences must avoid unwarranted sentence disparities.

This important sentencing decision is noted for its strong affirmation of the overarching significance of ...