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Punch and Jurists: March 4, 2013

Issue PDF
Volume 20, Number 5

In this issue:

  1. Clapper v. Amnesty International USA, No. 11-1025 (U.S. Supreme Court) (568 U.S. 398; 133 S.Ct. 1138) (February 26, 2013) (Justice Alito) (p None)
  2. Moore v. Madigan, No. 12-1269 (7th Cir.) (708 F.3d 901) (February 22, 2013) (Per Curiam) (p None)
  3. Peterson v. Martinez, No. 11-1149 (10th Cir.) (707 F.3d 1`197) (February 22, 2013) (Judge Carlos Lucero) (p None)
  4. Florida v. Harris, No. 11-817 (U.S. Supreme Court) (568 U.S. 237; 133 S.Ct. 1050) (February 19, 2013) (Justice Kagan) (p None)
  5. Chaidez v. U.S., No. 11-820 (U.S. Supreme Court) (568 U.S. 342; 133 S.Ct. 1103) (February 20, 2013) (Justice Kagan) (p None)
  6. Bailey v. U.S., No. 11-770 (U.S. Supreme Court) (568 U.S. 186; 133 S.Ct. 1031) (February 19, 2013) (Justice Kennedy) (p None)

Clapper v. Amnesty International USA, No. 11-1025 (U.S. Supreme Court) (568 U.S. 398; 133 S.Ct. 1138) (February 26, 2013) (Justice Alito)

In the wake of 9/11, the three branches of our Federal Government - the Executive, the Legislative and the Judicial - have alternately combined to authorize and approve secret but massive surveillance of U.S. citizens as one of the Government’‘s principal strategies in its War on Terrorism.

In that vein, ...

Moore v. Madigan, No. 12-1269 (7th Cir.) (708 F.3d 901) (February 22, 2013) (Per Curiam)

In Moore v. Madigan, 702 F.3d 933 (7th Cir. Dec. 11, 2012) (Moore I) (P&J, 12/24/12), a divided three-judge panel from the Seventh Circuit invalidated, as unconstitutional, a strict Illinois state law that made it illegal for most people to carry loaded guns in public.

Effectively, a majority of the ...

Peterson v. Martinez, No. 11-1149 (10th Cir.) (707 F.3d 1`197) (February 22, 2013) (Judge Carlos Lucero)

In this case, a three-judge panel from the Tenth Circuit unanimously held that, “in light of our nation's extensive practice of restricting citizens' freedom to carry firearms in a concealed manner, we hold that this activity does not fall within the scope of the Second Amendment's protections.” In its sweeping ...

Florida v. Harris, No. 11-817 (U.S. Supreme Court) (568 U.S. 237; 133 S.Ct. 1050) (February 19, 2013) (Justice Kagan)

Justice Kagan framed the issues of this canine drug search case in her opening paragraph as follows::

“In this case, we consider how a court should determine if the ‘alert’ of a drug-detection dog during a traffic stop provides probable cause to search a vehicle. The Florida Supreme Court held ...

Chaidez v. U.S., No. 11-820 (U.S. Supreme Court) (568 U.S. 342; 133 S.Ct. 1103) (February 20, 2013) (Justice Kagan)

In 2010, the Supreme Court issued a blockbuster ruling which held that a Sixth Amendment ineffective assistance of counsel claim could be based on a defense counsel’s failure to inform his client of the possible immigration consequences, such as deportation, that could result by entering a guilty plea. (See, Padilla ...

Bailey v. U.S., No. 11-770 (U.S. Supreme Court) (568 U.S. 186; 133 S.Ct. 1031) (February 19, 2013) (Justice Kennedy)

Here, the Court limited the power of the police to detain suspects when their house is being searched by holding that a search warrant of a house does not allow police to search people who left the premises and were detained nearly a mile away.

In this case the Court ...