Punch and Jurists: March 5, 2012

Volume 19, Number 5

In this issue:

Howes v. Fields, No. 10-680 (U.S. Supreme Court) (565 U.S. 499; 132 S.Ct. 1181) (February 21, 2012) (Justice Alito) (p None)
Kawashima v. Holder, No. 10-577 (U.S. Supreme Court) (565 U.S. 478; 132 S.Ct. 1166) (February 21, 2012) (Justice Thomas) (p None)
U.S. v. Silva-De Hoyos, No. 11-51177 (5th Cir.) (702 F.3d 843) (December 17, 2012) (Judge Priscilla R. Owen) (p None)
Messerschmidt v. Millender, No. 10-704 (U.S. Supreme Court) (565 U.S. 535; 132 S.Ct. 1235) (February 22, 2012) (Justice (John G.) Roberts) (p None)
Doe v. Jindal, No. 11-554-BAJ-SCR (M.D.La.) (853 F.Supp.2d 596) (February 16, 2012) (Judge Brian A. Jackson) (p None)
In Re Grand Jury Subpoena, No. 11-12268 (11th Cir.) (670 F.3d 1335) (February 23, 2012) (Judge Gerald B. Tjoflat) (p None)
Al-Zahrani v. Rodriguez, No. 10-5393 (D.C. Cir.) (669 F.3d 315) (February 21, 2012) (Judge David B. Sentelle) (p None)

Howes v. Fields, No. 10-680 (U.S. Supreme Court) (565 U.S. 499; 132 S.Ct. 1181) (February 21, 2012) (Justice Alito)

Loaded on March 5, 2012 published in Punch and Jurists March 05, 2012

Filed under: Punch And Jurists, Custodial Interrogations.

Here a divided Court held that the prisoner was not entitled to receive any Miranda warnings in advance of a lengthy and coercive prison interrogation on the grounds that imprisonment alone is not enough to trigger a custodial interrogation under Miranda.

In a decision that signals a significant erosion of ...

Kawashima v. Holder, No. 10-577 (U.S. Supreme Court) (565 U.S. 478; 132 S.Ct. 1166) (February 21, 2012) (Justice Thomas)

Loaded on March 5, 2012 published in Punch and Jurists March 05, 2012

Filed under: Punch And Jurists, Tax Fraud.

Here a divided Supreme Court Held that the filing of false tax returns in violation of 26 U.S.C. §§ 7206(1) and (2) is an “aggravated felony” for the purposes of 8 U.S.C. § 1101(a)(43)(M)(i) and thus a deportable offense.

In what seems to be the trillionth time that the Supreme ...

U.S. v. Silva-De Hoyos, No. 11-51177 (5th Cir.) (702 F.3d 843) (December 17, 2012) (Judge Priscilla R. Owen)

Loaded on March 5, 2012 published in Punch and Jurists March 05, 2012

Filed under: Punch And Jurists, Denial of Federal Benefits.

Here, the Court held that neither possession with intent to distribute a drug, nor importation of an illegal drug, are “drug trafficking offenses” for purposes of denial of Federal benefits to drug traffickers under 21 USC § 862.

In its struggle to beef of America’s perpetual War on Drugs, Congress ...

Messerschmidt v. Millender, No. 10-704 (U.S. Supreme Court) (565 U.S. 535; 132 S.Ct. 1235) (February 22, 2012) (Justice (John G.) Roberts)

Loaded on March 5, 2012 published in Punch and Jurists March 05, 2012

Filed under: Punch And Jurists, Immunity - Absolute and Qualified.

Here a divided Court held that two police officers may have erred in executing a search warrant that lacked probable cause, but they were not “plainly incompetent” so as to be denied qualified immunity in a civil rights lawsuit for damages.

This is another of the many recent “always-protect-the-cops” qualified ...

Doe v. Jindal, No. 11-554-BAJ-SCR (M.D.La.) (853 F.Supp.2d 596) (February 16, 2012) (Judge Brian A. Jackson)

Loaded on March 5, 2012 published in Punch and Jurists March 05, 2012

Filed under: Punch And Jurists.

In 2011, the State of Louisiana enacted a new law (herein the “Act”) entitled "Unlawful use or access of social media" that made it illegal for registered sex offenders in the State whose victim was a minor to use social networking, chat rooms, or peer-to-peer networking. As is typical for ...

In Re Grand Jury Subpoena, No. 11-12268 (11th Cir.) (670 F.3d 1335) (February 23, 2012) (Judge Gerald B. Tjoflat)

Loaded on March 5, 2012 published in Punch and Jurists March 05, 2012

Filed under: Punch And Jurists.

Here in a case of first impression the Court held that the Fifth Amendment protects a defendant’s refusal to decrypt and produce the contents on software-locked computer hard drives, which the Government believed contained child pornography.

In a strong and important ruling that appears to be the first by a ...

Al-Zahrani v. Rodriguez, No. 10-5393 (D.C. Cir.) (669 F.3d 315) (February 21, 2012) (Judge David B. Sentelle)

Loaded on March 5, 2012 published in Punch and Jurists March 05, 2012

Filed under: Punch And Jurists, Preemption.

The plaintiffs/appellants in this case are the fathers of two detainees who were held at the United States military base at Guantanamo Bay, Cuba as “enemy combatants.” In January, 2009, they filed a Bivens action (see, Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 ...