Punch and Jurists: January 23, 2012

Volume 19, Number 2

In this issue:

In Re: National Security Agency Telecommunications Records Litigation, No. 09-16676 (9th Cir.) (671 F.3d 881) (December 29, 2011) (Judge M. Margaret McKeown) (p None)
Jewel v. National Security Agency, No. 10-15616 (9th Cir.) (673 F.3d 902) (December 29, 2011) (Judge M. Margaret McKeown) (p None)
Smith v. Cain, No. 10-8145 (U.S. Supreme Court) (565 U.S. 73; 132 S.Ct. 627) (January 10, 2012) (Justice (John G.) Roberts) (p None)
Gonzalez v, Thaler, No. 10-895 (U.S. Supreme Court) (565 U.S. 134; 132 S.Ct. 641) (January 10, 2012) (Justice Sotomayor) (p None)
Maples v. Thomas, No. 10-63 (U.S. Supreme Court) (565 U.S. 266; 132 S.Ct. 912) (January 18, 2012) (Justice Ginsburg) (p None)
Perry v. New Hampshire, No. 10-8974 (U.S. Supreme Court) (565 U.S. 228; 132 S.Ct. 176) (January 11, 2012) (Justice Ginsburg) (p None)
Minneci v. Pollard, No. 10-1104 (U.S. Supreme Court) (565 U.S. 118; 132 S.Ct. 617) (January 10, 2012) (Justice Breyer) (p None)
In Re NSA Telecommunications Records Litigation, No. 09-17133 (9th Cir.) (669 F.3d 928) (December 29, 2011) (Judge M. Margaret McKeown) (p None)

In Re: National Security Agency Telecommunications Records Litigation, No. 09-16676 (9th Cir.) (671 F.3d 881) (December 29, 2011) (Judge M. Margaret McKeown)

Loaded on Jan. 23, 2012 published in Punch and Jurists January 23, 2012

Filed under: Punch And Jurists, Statutory Immunity.

Here, in one of three separate but related cases challenging the NSA’s massive warrantless wiretapping program, the Court upheld the constitutionality of a 2008 amendment to FISA which granted the telecoms who assisted NSA retroactive immunity.

In Re NSA Telecom. Records Litig., 671 F.3d 881 (9th Cir. Dec. 29, 2011) ...

Jewel v. National Security Agency, No. 10-15616 (9th Cir.) (673 F.3d 902) (December 29, 2011) (Judge M. Margaret McKeown)

Loaded on Jan. 23, 2012 published in Punch and Jurists January 23, 2012

Filed under: Standing, Punch And Jurists.

In Re NSA Telecom. Records Litig., 671 F.3d 881 (9th Cir. Dec. 29, 2011) (Judge Margaret McKeown)
In Re NSA Telecom. Records Litig., 669 F.3d 928 (9th Cir. Dec. 29, 2011) (Judge Margaret McKeown)
Jewel v. National Security Agency, 673 F.3d 902 (9th Cir. Dec. 29, 2011) (Judge Margaret McKeown) ...

Smith v. Cain, No. 10-8145 (U.S. Supreme Court) (565 U.S. 73; 132 S.Ct. 627) (January 10, 2012) (Justice (John G.) Roberts)

Loaded on Jan. 23, 2012 published in Punch and Jurists January 23, 2012

Filed under: Punch And Jurists, Withholding of Exculpatory Evidence.

Here the Court reversed a murder conviction because the New Orleans prosecutors withheld materal exclupatory evidence; but the decision is noted for Justice Thomas' astonishing dissent in which he recreated the evidence to reach a different result.

In this case, the Supreme Court reversed a first degree murder conviction after ...

Gonzalez v, Thaler, No. 10-895 (U.S. Supreme Court) (565 U.S. 134; 132 S.Ct. 641) (January 10, 2012) (Justice Sotomayor)

Loaded on Jan. 23, 2012 published in Punch and Jurists January 23, 2012

Filed under: Punch And Jurists.

Here the Court held, inter alia, that the failure of a certificate of appealability to “indicate” a constitutional issue (as required by the language of 28 U.S.C. § 2253(c)(3)) does not deprive a court of appeals of jurisdiction to adjudicate the appeal.

This is another of the seemingly unending flow ...

Maples v. Thomas, No. 10-63 (U.S. Supreme Court) (565 U.S. 266; 132 S.Ct. 912) (January 18, 2012) (Justice Ginsburg)

Loaded on Jan. 23, 2012 published in Punch and Jurists January 23, 2012

Filed under: Punch And Jurists, Proving Cause.

Here a divided Court held that a death row inmate, who missed a critical appellate filing deadline because his pro bono counsel abandoned him without yellin him, was entitled to equitable relief based on a showing of “cause” for his procedural default.

In this case, by a 7-to-2 vote, the ...

Perry v. New Hampshire, No. 10-8974 (U.S. Supreme Court) (565 U.S. 228; 132 S.Ct. 176) (January 11, 2012) (Justice Ginsburg)

Loaded on Jan. 23, 2012 published in Punch and Jurists January 23, 2012

Filed under: Punch And Jurists.

Last May, the Supreme Court aroused a lot of excited interest when it granted certiorari in this case involving eyewitness identification testimony. Part of the excitement was generated by the fact that the Court had not examined in depth the reliability and accuracy of eyewitness testimony in more than three ...

Minneci v. Pollard, No. 10-1104 (U.S. Supreme Court) (565 U.S. 118; 132 S.Ct. 617) (January 10, 2012) (Justice Breyer)

Loaded on Jan. 23, 2012 published in Punch and Jurists January 23, 2012

Filed under: Private Prisons, Punch And Jurists.

The question raised in this case was whether a Federal prisoner, incarcerated in a privately run Federal prison, could seek damages in the Federal courts from privately employed prison personnel for alleged constitutional violations in a Bivens-type action (under Bivens v. Six Unknown Fed. Narcotic Agents, 403 U.S. 388 (1971)). ...

In Re NSA Telecommunications Records Litigation, No. 09-17133 (9th Cir.) (669 F.3d 928) (December 29, 2011) (Judge M. Margaret McKeown)

Loaded on Jan. 23, 2012 published in Punch and Jurists January 23, 2012

Filed under: Punch And Jurists, Statutory Immunity.

In Re NSA Telecom. Records Litig., 671 F.3d 881 (9th Cir. Dec. 29, 2011) (Judge Margaret McKeown)
In Re NSA Telecom. Records Litig., No. 09-17133 (9th Cir. Dec. 29, 2011) (Judge Margaret McKeown)
Jewel v. National Security Agency, No. 10-15616 (9th Cir. Dec. 29, 2011) (Judge Margaret McKeown)

In these ...