Loaded on
April 16, 2018
published in Punch and Jurists
April 16, 2018
In a decision that is destined to have a major impact on the enforcement of the country’s immigration laws, a sharply divided Supreme Court held in the instant case that the Immigration and Nationality Act’s definition of “crime of violence” is void for vagueness.
The Immigration and Nationality Act (“INA”) ...
Loaded on
April 16, 2018
published in Punch and Jurists
April 16, 2018
In 1997 a Georgia jury convicted the petitioner, Marion Wilson, of murder and related crimes. After a sentencing hearing, the jury sentenced Wilson to death. In 1999 the Georgia Supreme Court affirmed Wilson’s conviction and sentence. There then followed years of litigation in the Georgia state courts that culminated in ...
Loaded on
April 16, 2018
published in Punch and Jurists
April 16, 2018
In may ways, this decision represents a remarkable and thorough analysis of the role of plea bargains in the American criminal justice system; and it is also a reprise of some of the more provocative ideas voiced by Judge Gerard E. Lynch in his 1998 article, “Our Administrative System of ...
Loaded on
April 16, 2018
published in Punch and Jurists
April 16, 2018
This decision addressed the disputed use of “other acts evidence” involving the defendant’s alleged sordid and incestuous relationship with his own daughter during a trial in which the defendant was charged with tax evasion, unlawful distribution of controlled substances and health care fraud. With his typical trademark flourish, Judge Selya ...
Loaded on
April 16, 2018
published in Punch and Jurists
April 16, 2018
The principal issue addressed in this gun sentencing case was whether the district court properly imposed an eight-level sentencing enhancement under U.S.S.G. § 2K2.1(b)(1)(D) for at least 100 firearms, when the actual weapons at issue in this case were 144 “grenades,” of which only one was active and the remaining ...