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Punch and Jurists: June 10, 2013

Issue PDF
Volume 20, Number 12

In this issue:

  1. McQuiggan v. Perkins, No. 12-126 (U.S. Supreme Court) (569 U.S. 383; 133 S.Ct. 1924) (May 28, 2013) (Justice Ginsburg) (p None)
  2. Davis v. U.S. Sentencing Com'n, No. 11-5264 (D.C. Cir.) (716 F.3d 660) (May 28, 2013) (Judge Thomas Beall Griffith) (p None)
  3. Trevino v. Thaler, No. 11-10189 (U.S. Supreme Court) (569 U.S. 413; 133 S.Ct. 1911) (May 28, 2013) (Justice Breyer) (p None)
  4. Maryland v. King, No. 12-207 (U.S. Supreme Court) (569 U.S. 435; 133 S.Ct. 1958) (June 3, 2013) (Justice Kennedy) (p None)
  5. U.S. v. Lander, No. CR 11-4098-MWB (N.D.Iowa) (900 F.Supp.2d 934) (October 23, 2012) (Judge Mark W. Bennett) (p None)
  6. U.S. v. Baird, No. 12-1565 (1st Cir.) (712 F.3d 623) (April 5, 2013) (Judge Norman H. Stahl) (p None)
  7. Deere v. Cullen, No. 10-99013 (9th Cir.) ( F.3d ) (June 3, 2013) (Judge Barry G. Silverman) (p None)

McQuiggan v. Perkins, No. 12-126 (U.S. Supreme Court) (569 U.S. 383; 133 S.Ct. 1924) (May 28, 2013) (Justice Ginsburg)

McQuiggan v. Perkins, No. 12-126 (U.S. Sup. Ct. May 28, 2013) (Justice Ginsburg)
Trevino v. Thaler, No. 11-10189 (U.S. Sup. Ct. May 28, 2013) (Justice Breyer)

In these two habeas cases, the Supreme Court made it somewhat easier for state prisoners to challenge their convictions in Federal courts. It did ...

Davis v. U.S. Sentencing Com'n, No. 11-5264 (D.C. Cir.) (716 F.3d 660) (May 28, 2013) (Judge Thomas Beall Griffith)

For decades, the Federal Government’s approach to sentencing defendants convicted of crack cocaine offenses was nothing short of an unmitigated disaster. It created out of whole cloth a 100:1 sentencing regimen that treated one gram of crack cocaine as the equivalent of 100 grams of powder cocaine. As expected (if ...

Trevino v. Thaler, No. 11-10189 (U.S. Supreme Court) (569 U.S. 413; 133 S.Ct. 1911) (May 28, 2013) (Justice Breyer)

McQuiggan v. Perkins, No. 12-126 (U.S. Sup. Ct. May 28, 2013) (Justice Ginsburg)
Trevino v. Thaler, No. 11-10189 (U.S. Sup. Ct. May 28, 2013) (Justice Breyer)

In these two habeas cases, the Supreme Court made it somewhat easier for state prisoners to challenge their convictions in Federal courts. It did ...

Maryland v. King, No. 12-207 (U.S. Supreme Court) (569 U.S. 435; 133 S.Ct. 1958) (June 3, 2013) (Justice Kennedy)

In this landmark decision regarding the rights of the police to take DNA samples from arrestees, a bitterly divided majority held, by a 5-4 vote that: “When officers make an arrest supported by probable cause for a serious offense and bring the suspect into the station, taking a cheek swab ...

U.S. v. Lander, No. CR 11-4098-MWB (N.D.Iowa) (900 F.Supp.2d 934) (October 23, 2012) (Judge Mark W. Bennett)

This case addressed an important, but largely unresolved, issue of whether a motion for substantial assistance, pursuant to 18 U.S.C. § 3553(e) and U.S.S.G. § 5K1.1, may be based in whole or in part on substantial assistance from a third-party or surrogate. In his comprehensive and noteworthy review of that ...

U.S. v. Baird, No. 12-1565 (1st Cir.) (712 F.3d 623) (April 5, 2013) (Judge Norman H. Stahl)

This is a noteworthy decision in which the First Circuit vacated a conviction for a single count of possession of a stolen firearm in violation of 18 U.S.C. § 922(j) on the grounds that the district court erred as a matter of law by declining to instruct the jury on ...

Deere v. Cullen, No. 10-99013 (9th Cir.) ( F.3d ) (June 3, 2013) (Judge Barry G. Silverman)

In this capital habeas case, the State of California appealed from an Order filed by Judge Christina Synder granting habeas relief to Ronald Lee Deere, who had been convicted of murder and then sentenced to death by a state judge who, at the time of sentencing, was alleged to have ...