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Punch and Jurists: June 11, 2012

Issue PDF
Volume 19, Number 12

In this issue:

  1. U.S. v. Gurley, No. 10-10310-WGY (D.Mass.) (860 F.Supp.2d 95) (May 17, 2012) (Judge William G. Young) (p None)
  2. Parker v. Matthews, No. 11-845 (U.S. Supreme Court) (567 U.S. 37; 132 S.Ct. 2148) (June 11, 2012) (Per Curiam) (p None)
  3. Reichle v. Howards, No. 11-262 (U.S. Supreme Court) (566 U.S. 658; 132 S.Ct. 2088) (June 4, 2012) (Justice Thomas) (p None)
  4. Garcia v. Bloomberg, No. 11 Civ. 6957 (JSR) (S.D.N.Y.) (865 F.Supp.2d 478) (June 7, 2012) (Judge Jed S. Rakoff) (p None)
  5. Heyerman v. County of Calhoun, No. 10-2322 (6th Cir.) ( F.3d ) (May 29, 2012) (Judge Patrick J. Duggan) (p None)
  6. U.S. v. 434 Main Street, Tewksbury, Mass., No. Civ. No. 09-11635-JGD (D.Mass.) (862 F.Supp.2d 24) (April 25, 2012) (Judge Magistrate) (p None)

U.S. v. Gurley, No. 10-10310-WGY (D.Mass.) (860 F.Supp.2d 95) (May 17, 2012) (Judge William G. Young)

Rodney Gurley was indicted for possession crack cocaine with intent to distribute; and, as Judge Young explained, the Government sought “to hammer” Gurley into pleading guilty “by threatening to file an information against him pursuant to 21 U.S.C. § 851” - a statute that requires the imposition of a ten ...

Parker v. Matthews, No. 11-845 (U.S. Supreme Court) (567 U.S. 37; 132 S.Ct. 2148) (June 11, 2012) (Per Curiam)

Here the Court vacated a grant of habeas corpus by the Sixth Circuit, caustically stating its decision was based on “the flimsiest of rationales” and was a "texrbook example" of using habeas corpus to "second guess" reasonable state court decisions.

Showing almost petulant impatience with the lower courts, the Supreme ...

Reichle v. Howards, No. 11-262 (U.S. Supreme Court) (566 U.S. 658; 132 S.Ct. 2088) (June 4, 2012) (Justice Thomas)

Here the Court unanimously ruled against a protester who said his free speech rights had been violated when Secret Service agents arrested him after he made critical remarks about the Bush administration’s war policies; but it ducked a First Amend. Issue.

This case arose out of the arrest of Steven ...

Garcia v. Bloomberg, No. 11 Civ. 6957 (JSR) (S.D.N.Y.) (865 F.Supp.2d 478) (June 7, 2012) (Judge Jed S. Rakoff)

A civil rights lawsuit brought by a group of Occupy Wall Street protesters against the New York City Police has been allowed to proceed. The plaintiffs, who were subjected to mass arrests after they walked on a roadway to the Brooklyn Bridge during a protest on October 1, 2011, alleged ...

Heyerman v. County of Calhoun, No. 10-2322 (6th Cir.) ( F.3d ) (May 29, 2012) (Judge Patrick J. Duggan)

In this case, Buxton Heyerman, was held in a Michigan prison for more than 17 years “for unknown reasons,” after a state appellate court reversed his criminal conviction and remanded his case back to the trial court. He was finally released in 2007 when the case was brought to the ...

U.S. v. 434 Main Street, Tewksbury, Mass., No. Civ. No. 09-11635-JGD (D.Mass.) (862 F.Supp.2d 24) (April 25, 2012) (Judge Magistrate)

This case deals principally with one of the Federal Government’s many forfeiture statutes - 21 U.S.C. § 881(e)(1)(A) - which has become a veritable license to loot. That statute authorizes the Department of Justice (DOJ) to seize assets from both convicted criminals and people never charged with a crime, and ...