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Punch and Jurists: May 28, 2012

Issue PDF
Volume 19, Number 11

In this issue:

  1. ACLU v. Alvarez, No. 11-1286 (7th Cir.) (679 F.3d 583) (May 8, 2012) (Judge Diane S. Sykes) (p None)
  2. Floyd v. City of New York, No. 08 Civ. 1034 (SAS) (S.D.N.Y.) (283 F.R.D. 153) (May 16, 2012) (Judge Shira A. Scheindlin) (p None)
  3. U.S. v. Aleo, No. 10-1569 (6th Cir.) (681 F.3d 290) (May 15, 2012) (Judge Danny J. Boggs) (p None)
  4. Holder v. Gutierrez, No. 10-1542 (U.S. Supreme Court) (566 U.S. 583; 132 S.Ct. 1542) (May 21, 2012) (Justice Kagan) (p None)
  5. Hedges v. Obama, No. 12 Civ. 331(KBF) (S.D.N.Y.) (2012 WL 2044565) (May 16, 2012) (Judge Katherine B. Forrest) (p None)
  6. U.S. v. Whitney, No. 10-10118 (9th Cir.) (673 F.3d 965) (March 7, 2012) (Judge Stephen Reinhardt) (p None)
  7. Prude v. Clarke, No. 11-2811 (7th Cir.) (675 F.3d 732) (March 27, 2012) (Judge Richard A. Posner) (p None)
  8. Blueford v. Arkansas, No. 10-1320 (U.S. Supreme Court) (566 U.S. 599; 132 S.Ct. 2041) (May 24, 2012) (Justice (John G.) Roberts) (p None)

ACLU v. Alvarez, No. 11-1286 (7th Cir.) (679 F.3d 583) (May 8, 2012) (Judge Diane S. Sykes)

With the advent of new and sophisticated technologies that have made digital recordings simple, cheap and universal, America has seen, in recent years, an explosion of videos on websites like YouTube depicting policemen engaged in embarrassing, if not criminal, activities. Those depictions have included beatings, pepper-spraying, intemperate use of Tasers, …

Floyd v. City of New York, No. 08 Civ. 1034 (SAS) (S.D.N.Y.) (283 F.R.D. 153) (May 16, 2012) (Judge Shira A. Scheindlin)

During the period between 2004 and 2009, New York City police officers stopped more than 2.8 million residents and visitors, pursuant to a far reaching “stop-and-frisk” program that was orchestrated and aggressively pursued at the highest echelons of the New York City Police Department (NYPD). In 2011 alone, the New …

U.S. v. Aleo, No. 10-1569 (6th Cir.) (681 F.3d 290) (May 15, 2012) (Judge Danny J. Boggs)

Here, the Court vacated a 720 month sentence imposed on a defendant for child pornography finding the sentence was substantively unreasonable, in part because the failure of the court to offer any “compelling justifications” for the variance.

Craig Aleo, a 66-year old grandfather, was identified, in October 2006, by agents …

Holder v. Gutierrez, No. 10-1542 (U.S. Supreme Court) (566 U.S. 583; 132 S.Ct. 1542) (May 21, 2012) (Justice Kagan)

Here the Court that the BIA’s interpretation of 8 U.S.C. § 1229b(a) - namely that an alien seeking cancellation of removal must individually satisfy the residency requirements of that statute - was “a permissible construction of the statute”.

The issue before the Court in these two companion cases was whether …

Hedges v. Obama, No. 12 Civ. 331(KBF) (S.D.N.Y.) (2012 WL 2044565) (May 16, 2012) (Judge Katherine B. Forrest)

In this decision, Judge Forrest (who was appointed to bench in October, 2011) blocked enforcement of part of a law allowing the indefinite detention and trial by military commission of any person who "substantially supported" al-Qaeda, the Taliban or "associated forces" in armed conflict. The provision at issue is Section …

U.S. v. Whitney, No. 10-10118 (9th Cir.) (673 F.3d 965) (March 7, 2012) (Judge Stephen Reinhardt)

Scott Whitney, an inmate at the Herlong Federal Correctional Institution in California, pled guilty to one count of conspiracy to defraud the Government by filing false claims, in violation of 18 U.S.C. § 286, arising out of a scheme to file false tax returns using inmate identities and personal information. …

Prude v. Clarke, No. 11-2811 (7th Cir.) (675 F.3d 732) (March 27, 2012) (Judge Richard A. Posner)

This case is noted for its enlightened discussion of a barbaric practice that is apparently commonplace in a lot of state prisons and local jails - namely feeding “nutraloaf” (also spelled “nutriloaf”) to prisoners as a form of punishment. In its detailed description of nutraloaf, the Court observed, inter alia, …

Blueford v. Arkansas, No. 10-1320 (U.S. Supreme Court) (566 U.S. 599; 132 S.Ct. 2041) (May 24, 2012) (Justice (John G.) Roberts)

In this case, the Supreme Court held, by a vote of 6-3, that the Double Jeopardy Clause does not bar a state from retrying a defendant on charges of capital murder and first degree murder after the jury in the defendant’s original trial told the trial court that it had …