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Punch and Jurists: December 29, 2014

Issue PDF
Volume 21, Number 19

In this issue:

  1. Heien v. North Carolina, No. 13-604 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 530) (December 15, 2014) (Justice (John G.) Roberts) (p None)
  2. Warger v. Shauers, No. 13-517 (U.S. Supreme Court) (574 U.S. ___; 135 S.Ct. 521) (December 9, 2014) (Justice Sotomayor) (p None)
  3. U.S. v. Newman, No. 13-1837-cr (2nd Cir.) (773 F.3d 438) (December 10, 2014) (Judge Barrington D. Jr. Parker) (p None)
  4. U.S. v. Sanya, No. 13-4937 (4th Cir.) (774 F.3d 812) (December 17, 2014) (Judge Diana Gribbon Motz) (p None)
  5. U.S. v. Price, No. 12-1630 (7th Cir.) (775 F.3d 828) (December 5, 2014) (Judge Diane S. Sykes) (p None)
  6. U.S. v. Etheridge, No. Crim. No. 06-0233 (TFH) (D.D.C.) (999 F.Supp.2d 192) (November 21, 2013) (Judge Thomas F. Hogan) (p None)
  7. U.S. v. Camou, No. 12-50598 (9th Cir.) (773 F.3d 932) (December 11, 2014) (Judge Harry Pregerson) (p None)
  8. Tyler v. Hillsdale Co. Sheriff's Dept., No. 13-1876 (6th Cir.) (775 F.3d 308) (December 18, 2014) (Judge Danny J. Boggs) (p None)

Heien v. North Carolina, No. 13-604 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 530) (December 15, 2014) (Justice (John G.) Roberts)

In this case, the Supreme Court held that the Fourth Amendment allows for certain mistakes of the law by the police in making stops of automobiles - a holding that is far more forgiving of the police than the absolute rule that applies to other citizens - namely: “Ignorance of ...

Warger v. Shauers, No. 13-517 (U.S. Supreme Court) (574 U.S. ___; 135 S.Ct. 521) (December 9, 2014) (Justice Sotomayor)

In this civil case, the Supreme Court showed its continued reluctance to allow verdicts (whether civil or criminal) to be disturbed by testimony about juror misconduct. Here a unanimous Court the held that Federal Rule of Evidence 606(b) (“Inquiry into validity of verdict or indictment”), which provides that certain juror ...

U.S. v. Newman, No. 13-1837-cr (2nd Cir.) (773 F.3d 438) (December 10, 2014) (Judge Barrington D. Jr. Parker)

In this groundbreaking decision, the Second Circuit reversed the high-profile insider trading convictions of two hedge fund portfolio managers, Todd Newman and Anthony Chiasson, who had been convicted in 2012 on various charges of securities fraud and insider trading in violation of the Securities Exchange Act of 1934 by obtaining ...

U.S. v. Sanya, No. 13-4937 (4th Cir.) (774 F.3d 812) (December 17, 2014) (Judge Diana Gribbon Motz)

In July, 2012, the Defendant, Oluwaseun Sanya, pled guilty to a single count of conspiracy to commit access-device fraud in violation of 18 U.S.C. § 1029(b)(2); and he was released pending sentencing under several conditions, including that he commit no further crimes. Unfortunately, upon his release, Sanya promptly resumed operation ...

U.S. v. Price, No. 12-1630 (7th Cir.) (775 F.3d 828) (December 5, 2014) (Judge Diane S. Sykes)

The defendant in this case, Jeffrey Price, was convicted at trial on charges of producing child pornography in violation of 18 U.S.C. § 2251(a) and possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). Price was a particularly odious person. Not only did he take numerous sexually explicit photographs ...

U.S. v. Etheridge, No. Crim. No. 06-0233 (TFH) (D.D.C.) (999 F.Supp.2d 192) (November 21, 2013) (Judge Thomas F. Hogan)

Although the law (18 U.S.C. § 3583(e)) has long permitted - at least in theory - persons on supervised release to file for early termination of such supervision, the times when such motions are granted are so few and so far between that one would have to say that convincing ...

U.S. v. Camou, No. 12-50598 (9th Cir.) (773 F.3d 932) (December 11, 2014) (Judge Harry Pregerson)

Here the Court held that even if the police have probable cause to search a truck under the automobile exception to the Fourth Amendment, they still need a warrant to search a cell phone subsequently found in the truck.

This is a textbook case on the law regarding warrantless searches ...

Tyler v. Hillsdale Co. Sheriff's Dept., No. 13-1876 (6th Cir.) (775 F.3d 308) (December 18, 2014) (Judge Danny J. Boggs)

In the first legal ruling of its type, the Sixth Circuit refused to bar Clifford Tyler from acquiring a gun, based on the fact that he was briefly committed to a mental institution decades ago from owning a gun. Under Federal law, a person who has been “adjudicated as a ...