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Article • October 1, 2005 • from P&J October, 2005
Islami v. Gonzales, No. 03-40095 (2nd Cir.) (412 F.3d 391) (June 23, 2005) (Judge Guido Calabresi) by Islam v. Gonzales, No. 05-1390-ag (2nd Cir. Nov. 9, 2006) (Judge Parker) Kim v. Gonzales, No. 05-2462 (1st Cir. Nov. 16, 2006) (Judge Boudin) It sometimes seems as America’s immigration courts have become …
Article • September 1, 2005 • from P&J September, 2005
U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (389 F.Supp.2d 29) (September 2, 2005) (Judge Nancy Gertner) by Defendants, who were charged with murder in aid of racketeering, filed a motion to dismiss the charges against them or, in the alternative, to stay the case until a jury could be …
Article • September 1, 2005 • from P&J September, 2005
In Re: United States of America, No. 05-2358 (1st Cir.) (426 F.3d 1) (October 7, 2005) (Judge Michael Boudin) by In U.S. v. Green, 389 F.Supp.2d 29, 2005 U.S. Dist. LEXIS 19037 (D.Mass. Sept. 2, 2005), a capital case involving two African-American defendants, Judge Nancy Gertner crafted a landmark ruling …
Article • February 1, 2005 • from P&J February, 2005
Johnson v. California, No. 03-636 (U.S. Supreme Court) (543 U.S. 499; 125 S.Ct. 1141) (February 23, 2005) (Justice O'Connor) by Here the Court held that a state prison policy that temporarily segregates new inmates must be evaluated under a "strict scrutiny" standard rather than the more liberal "rational relationship" standard …
Article • October 26, 2002
Hobby v. U.S., No. 82-2140 (U.S. Supreme Court) (468 U.S. 339; 104 S.Ct. 3093) (July 2, 1984) (Justice Burger) by In this case, the Court granted certiorari "to resolve a conflict among the Circuits as to whether discrimination in the selection of federal grand jury foremen, resulting in the underrepresentation …
Article • October 26, 2002
Campbell v. Louisiana, No. 96-1584 (U.S. Supreme Court) (523 U.S. 392; 118 S.Ct. 1419) (April 21, 1998) (Justice Kennedy) by In this case, the petitioner Campbell was indicted for second-degree murder in Louisiana. He attacked his indictment on the ground that since 1976, not a single African-American had ever served …
Article • August 18, 2002
Vasquez v. Hillery, No. 84-836 (U.S. Supreme Court) (474 U.S. 254; 106 S.Ct. 617) (January 14, 1986) (Justice Marshall) by In this case the Court set aside a murder conviction some 23 years after the respondent had been convicted because of racial discrimination in the composition of the grand jury …
Article • July 7, 2001
Amadeo v. Zant, No. 87-5277 (U.S. Supreme Court) (486 U.S. 214; 108 S.Ct. 1771) (May 31, 1988) (Justice Marshall) by Here the Court held that the district court had properly concluded that petitioner successfully established cause for his failure to raise in the state trial court a constitutional challenge to …
Article • December 9, 2000
Wisconsin v. Mitchell, No. 92-515 (U.S. Supreme Court) (508 U.S. 476; 113 S.Ct. 2194) (June 11, 1993) (Justice Rehnquist) by In this case, the respondent's sentence for aggravated battery was enhanced because he intentionally selected his victim on account of the victim's race. The respondent, Mitchell, was part of a …
Article • December 9, 2000
Barclay v. Florida, No. 81-6908 (U.S. Supreme Court) (463 U.S. 939; 103 S.Ct. 3418) (July 6, 1983) (Justice Rehnquist) by The central question in this case is whether Florida may constitutionally impose the death penalty on petitioner Elwood Barclay when one of the "aggravating circumstances" relied upon by the trial …
Article • October 2, 2000
Turner v. Murray, No. 88-6646 (U.S. Supreme Court) (476 U.S. 28; 106 S.Ct. 1683) (April 30, 1986) (Justice White) by In this case, the petitioner, a black man, was indicted in Virginia on charges of capital murder for fatally shooting the white proprietor of a jewelry store in the course …
Article • September 1, 2000 • from P&J September, 2000
U.S. v. Polichemi, No. 96-3866 (7th Cir.) (219 F.3d 698) (July 5, 2000) (Judge Diane P. Wood) by This case arose out of the government's prosecution of an elaborate financial scam, perpetrated in large part by the four defendants whose convictions were overturned in the Court's original opinion, United States …
Article • August 1, 2000 • from P&J August, 2000
Williams v. Currie, No. 1:99CV00930 (M.D.N.C.) (103 F.Supp.2d 858) (July 5, 2000) (Judge Magistrate) by Here the Court granted habeas relief to a state petitioner who argued that his equal protection rights had been violated when he received a significantly harsher total sentence than his similarly situated female co-defendant due …
Article • June 26, 2000
Swain v. Alabama, No. 64 (U.S. Supreme Court) (380 U.S. 202; 85 S.Ct. 824) (March 8, 2065) (Justice White) by In this case the Court sought to accommodate both the prosecutor's privilege of peremptorily challenging jurors and the newly promogulated constitutional prohibition against exclusion of jurors because of race. (See …
Article • June 23, 2000
McCleskey v. Kemp, No. 84-6811 (U.S. Supreme Court) (481 U.S. 279; 107 S.Ct. 1756) (April 22, 1987) (Justice Powell) by In this landmark decision, the Supreme Court voted by five votes to four to deny the appeal of death row inmate Warren McCleskey. McCleskey had argued that the death penalty …
Article • March 1, 2000 • from P&J March, 2000
U.S. v. Polichemi, No. 96-3866 (7th Cir.) (201 F.3d 858) (January 13, 2000) (Judge Diane P. Wood) by This is a rare case in which the Court reversed four convictions because the district court (Judge Hart) had refused to excuse, for cause, a potential juror who had worked - for …
Article • March 1, 2000 • from P&J March, 2000
U.S. v. Polichemi, No. 96-3866 (7th Cir.) (201 F.3d 858) (January 13, 2000) (Judge Diane P. Wood) by QUOTE OF THE WEEK - The Sixth Amendment right to an impartial jury in the Seventh Circuit Despite the Seventh Circuit’s ruling in the Polchemi case, a review of some of its …
Article • February 5, 2000
City of Cleburne v. Cleburne Living Center, No. 84-468 (U.S. Supreme Court) (473 U.S. 432; 105 S.Ct. 3249) (July 1, 1985) (Justice White) by Here the Court held that the mentally retarded per se cannot be grouped together as a means for depriving them of their rights and interests without …
Article • January 1, 2000 • from P&J January, 2000
Glover v. Johnson, No. 95-1521 (6th Cir.) (198 F.3d 557) (December 14, 1999) (Judge James L. Ryan) by Here a majority of the Sixth Circuit held, after more than 20 years of litigation, that female prisoners in Michigan finally had achieved access to educational, vocational, and apprenticeship programs that were …
Article • June 1, 1999 • from P&J June, 1999
U.S. v. Brooks, No. 97-3560 (8th Cir.) (175 F.3d 605) (April 15, 1998) (Judge George G. Fagg) by Here the Court held that, as a matter of law, a person who favors the legalization of marijuana is "incapable of finding a defendant guilty of a drug crime" and thus he …
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