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Punch and Jurists: February 4, 2013

Issue PDF
Volume 20, Number 3

In this issue:

  1. U.S. v. Engelmann, No. 12-1343 (8th Cir.) (701 F.3d 874) (December 19, 2012) (Judge Bobby E. Shepherd) (p None)
  2. Ass'n N.J. Rifle and Pistol Clubs v. Governor of N.J., No. 12-1624 (3rd Cir.) ( F.3d ) (January 30, 2013) (Judge Dolores K. Sloviter) (p None)
  3. U.S. v. Diaz, No. 11-CR-00821-2 (JG) (E.D.N.Y.) (2013 WL 322243) (January 28, 2013) (Judge John Gleeson) (p None)
  4. Doe v. Prosecutor, Marion County, No. 12-2512 (7th Cir.) (705 F.3d 694) (January 23, 2013) (Judge Joel L. Flaum) (p None)
  5. U.S. v. 434 Main St., Tewksbury, MA, No. Civ. No. 09-11635-JGD (D.Mass.) (961 F.Supp.2d 298) (January 24, 2013) (Judge Magistrate) (p None)
  6. U.S. v. Petrovic, No. 12-1427 (8th Cir.) (701 F.3d 849) (December 13, 2012) (Judge William J. Riley) (p None)

U.S. v. Engelmann, No. 12-1343 (8th Cir.) (701 F.3d 874) (December 19, 2012) (Judge Bobby E. Shepherd)

This case is noted for its detailed discussion of the scope and meaning of Rule 615 of the Fed.R.Evid., which deals with the exclusion or sequestration of witnesses at trial. In relevant part, Rule 615 states: “At the request of a party, the court shall order witnesses excluded so that …

Ass'n N.J. Rifle and Pistol Clubs v. Governor of N.J., No. 12-1624 (3rd Cir.) ( F.3d ) (January 30, 2013) (Judge Dolores K. Sloviter)

The current gun control debate has kicked off both a huge wave of new gun control restrictions and an onslaught of legal challenges to gun control laws, both old and new. We predict that the intensity of debate over Second Amendment rights will soon swamp the courts with challenges to …

U.S. v. Diaz, No. 11-CR-00821-2 (JG) (E.D.N.Y.) (2013 WL 322243) (January 28, 2013) (Judge John Gleeson)

In U.S. v. Dossie, 851 F.Supp.2d 478 (E.D.N.Y. March 30, 2012) (P&J, 04/16/12), Judge Gleeson presented a brilliant and blistering attack on the spiraling use of mandatory minimum sentences in drug cases; and he concluded that such sentences "distort the sentencing process and mandate unjust sentences."

In the instant Memorandum …

Doe v. Prosecutor, Marion County, No. 12-2512 (7th Cir.) (705 F.3d 694) (January 23, 2013) (Judge Joel L. Flaum)

In this case, the Seventh Circuit struck down, as unconstitutional, a recent Indiana statute that prohibits most registered sex offenders from using social networking websites, instant messaging services, and chat programs. The Court concluded that “though content neutral, . . . the Indiana law is not narrowly tailored to serve …

U.S. v. 434 Main St., Tewksbury, MA, No. Civ. No. 09-11635-JGD (D.Mass.) (961 F.Supp.2d 298) (January 24, 2013) (Judge Magistrate)

This case is noted as one of the most outrageous and egregious abuses of the Government’s forfeiture powers (as well as one pf the worst examples of prosecutorial overreach) that we have seen in a long time.

The Government brought this civil forfeiture action pursuant to the Civil Asset Forfeiture …

U.S. v. Petrovic, No. 12-1427 (8th Cir.) (701 F.3d 849) (December 13, 2012) (Judge William J. Riley)

Jovica Petrovic, the defendant in this case, was one mean and vindictive dude. He and a woman identified as M.B. began a relationship in 2006. They were married in 2009, and later divorced. During their relationship, Petrovic resided in Florida and M.B. resided in Missouri, where she and her ex-husband, …