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Punch and Jurists: December 23, 2002

Issue PDF
Volume 9, Number 51

In this issue:

  1. Sattazahn v. Pennslyvania, No. 01-7574 (U.S. Supreme Court) (537 U.S. 101; 123 S.Ct. 732) (January 14, 2003) (Justice Scalia) (p None)
  2. Hamdi v. Rumsfeld, No. 02-7338 (4th Cir.) (316 F.3d 450) (January 8, 2003) (Judge J. Harvie III Wilkinson) (p None)
  3. U.S. v. Lee, No. 01-4485 (3rd Cir.) (315 F.3d 206) (January 7, 2003) (Judge Robert J. Ward) (p None)
  4. U.S. v. Lyons, No. 02-1364 (3rd Cir.) (2002 U.S. App. LEXIS 27373) (December 23, 2002) (Judge Edward R. Becker) (p None)
  5. U.S. v. Gale, No. 01-3011 (D.C. Cir.) (314 F.3d 1) (January 7, 2003) (Judge Stephen F. Williams) (p None)
  6. U.S. v. Freeman, No. 01-3475 (3rd Cir.) (316 F.3d 386) (January 6, 2003) (Judge Jane R. Roth) (p None)

Sattazahn v. Pennslyvania, No. 01-7574 (U.S. Supreme Court) (537 U.S. 101; 123 S.Ct. 732) (January 14, 2003) (Justice Scalia)

Here a divided Court held that a state-mandated entry of a life sentence imposed after a jury deadlock, measured against the Double Jeopardy Clause, does not block retrial of the death penalty, because the life sentence was not an acquittal on the merits.

Divided along its now familiar ideological lines, ...

Hamdi v. Rumsfeld, No. 02-7338 (4th Cir.) (316 F.3d 450) (January 8, 2003) (Judge J. Harvie III Wilkinson)

In a significant decision with broad implications on America’s war on terrorism, a panel from the conservative Fourth Circuit upheld the indefinite detention, without charges and without access to an attorney, of an American citizen who was captured on a foreign battlefield and labeled by the President as an “enemy ...

U.S. v. Lee, No. 01-4485 (3rd Cir.) (315 F.3d 206) (January 7, 2003) (Judge Robert J. Ward)

U.S. v. Lee, 315 F.3d 206 (3rd Cir. 2003) (Judge Ward)
U.S. v. Freeman, 316 F.3d 386 (3rd Cir. 2003) (Judge Roth)

As these two cases show, the Courts continue to struggle in their attempts to find a proper balance of restrictions on convicted sex offenders following their release from ...

U.S. v. Lyons, No. 02-1364 (3rd Cir.) (2002 U.S. App. LEXIS 27373) (December 23, 2002) (Judge Edward R. Becker)

Although this is an “unpublished” decision (and therefore has limited precedential value), it is still noteworthy because it constitutes a rare example of an official reprimand from the Circuit Court of conduct unbecoming a Federal judge.

Here, the defendant, Lawrence Lyons, pled guilty of attempting to defraud a Federally-insured bank ...

U.S. v. Gale, No. 01-3011 (D.C. Cir.) (314 F.3d 1) (January 7, 2003) (Judge Stephen F. Williams)

The case addressed the issue of whether convicted defendants have any rights to challenge their convictions that were based, at least in part, on the testimony of a frequently used and highly paid career prosecution witness who is suddenly exposed as a fraud and who has admitted that he lied ...

U.S. v. Freeman, No. 01-3475 (3rd Cir.) (316 F.3d 386) (January 6, 2003) (Judge Jane R. Roth)

U.S. v. Lee, 315 F.3d 206 (3rd Cir. 2003) (Judge Ward)
U.S. v. Freeman, 316 F.3d 386 (3rd Cir. 2003) (Judge Roth)

As these two cases show, the Courts continue to struggle in their attempts to find a proper balance of restrictions on convicted sex offenders following their release from ...