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Punch and Jurists: May 20, 2002

Issue PDF
Volume 9, Number 20

In this issue:

  1. McKune v. Lile, No. 00-1187 (U.S. Supreme Court) (536 U.S. 24; 122 S.Ct. 2017) (June 10, 2002) (Justice Kennedy) (p None)
  2. U.S. v. Whitlow, No. 01-3999 (7th Cir.) (287 F.3d 638) (April 25, 2002) (Judge Frank H. Easterbrook) (p None)
  3. Chavez-Rivas v. Olsen, No. CIV.A. 01-1018 (D.N.J.) (194 F.Supp.2d 386) (April 1, 2002) (Judge Stephen M. Orlofsky) (p None)
  4. U.S. v. Humphrey, No. 99-3374 (6th Cir.) (287 F.3d 422) (April 17, 2002) (Judge R. Guy Jr. Cole) (p None)
  5. U.S. v. Lane, No. 00 CR 0657 (N.D.Ill.) (194 F.Supp.2d 758) (January 30, 2002) (Judge Charles R. Sr. Norgle) (p None)
  6. Jackson v. Litscher, No. 00-C-1587 (E.D.Wisc.) (194 F.Supp.2d 849) (March 19, 2002) (Judge Lynn S. Adelman) (p None)
  7. U.S. v. Working, No. 01-30098 (9th Cir.) (287 F.3d 801) (April 17, 2002) (Judge Barry G. Silverman) (p None)
  8. U.S. v. Dando, No. 00-2508 (10th Cir.) (287 F.3d 1007) (April 25, 2002) (Judge Bobby R. Baldock) (p None)

McKune v. Lile, No. 00-1187 (U.S. Supreme Court) (536 U.S. 24; 122 S.Ct. 2017) (June 10, 2002) (Justice Kennedy)

In this case a sharply divided Supreme Court upheld, as constitutionally valid, a Sexual Abuse Treatment Program (SATP) used in the state prison system in Kansas that requires inmates to reveal unreported sex crimes as part of their “rehabilitation” - even though they faced the prospect of new prosecutions for ...

U.S. v. Whitlow, No. 01-3999 (7th Cir.) (287 F.3d 638) (April 25, 2002) (Judge Frank H. Easterbrook)

In this case the Seventh Circuit put its seal of approval on a new weapon of vindictiveness in the Government’s continuing battle to reduce, if not eliminate, the number of appeals in criminal cases: the majority held that if a defendant files an appeal in disregard of his agreement to ...

Chavez-Rivas v. Olsen, No. CIV.A. 01-1018 (D.N.J.) (194 F.Supp.2d 386) (April 1, 2002) (Judge Stephen M. Orlofsky)

Here the Court firmly rejected a Government contention that the sudden transfer of a habeas petitioner out of one jurisdiction to another (here the day after counsel was appointed) divests the original court of jurisdiction to hear the case.

Between April 15 and October 20, 1980, the Cuban Government allowed ...

U.S. v. Humphrey, No. 99-3374 (6th Cir.) (287 F.3d 422) (April 17, 2002) (Judge R. Guy Jr. Cole)

U.S. v. Lane, No. 00 CR 0657 (N.D.Ill.) (194 F.Supp.2d 758) (January 30, 2002) (Judge Charles R. Sr. Norgle)

This case is noted for its detailed review of the criteria under which bail can be granted to a person convicted of a Federal crime pending his or her appeal of the conviction. That issue is governed, in general, by the provisions of 18 U.S.C. § 3143(b), which provides that ...

Jackson v. Litscher, No. 00-C-1587 (E.D.Wisc.) (194 F.Supp.2d 849) (March 19, 2002) (Judge Lynn S. Adelman)

Here the Court granted a writ of habeas corpus to a defendant because the state courts had erroneously failed to grant his motion to suppress his confesion that was obtained after the police used deception to induce him to waive his Miranda rights.

This case analyzes in depth an interesting ...

U.S. v. Working, No. 01-30098 (9th Cir.) (287 F.3d 801) (April 17, 2002) (Judge Barry G. Silverman)

U.S. v. Dando, No. 00-2508 (10th Cir.) (287 F.3d 1007) (April 25, 2002) (Judge Bobby R. Baldock)

The defendant in this case pled guilty to misdemeanor assault in violation of 18 U.S.C.S. §§ 113(a)(5) and 1153. In the plea agreement, defendant acknowledged that restitution was mandatory under 18 U.S.C.S. § 3663A. At the sentencing hearing, the District Court did not order restitution. However, 176 days after the ...