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Brown, No. 15-3056 (D.C. Cir.) (892 F.3d 385) (June 15, 2018) (Per Curiam)

Article • August 20, 2018 • from P&J August, 2018

Filed under: Punch And Jurists, Constitutional Challenges

Brown, No. 15-3056 (D.C. Cir.) (892 F.3d 385) (June 15, 2018) (Per Curiam) by In this case, a panel from the D.C. Circuit affirmed the convictions of four defendants (three by jury trial and one by plea) for various crimes associated with the unlawful distribution of PCP; but the panel …

U.S. v. Chamberlain, No. 16-4313 (4th Cir.) (868 F.3d 290) (August 18, 2017) (Judge James A. Jr. Wynn)

Article • September 25, 2017 • from P&J September, 2017

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Chamberlain, No. 16-4313 (4th Cir.) (868 F.3d 290) (August 18, 2017) (Judge James A. Jr. Wynn) by It took nearly three decades, but the Fourth Circuit, sitting en banc, has finally agreed to join with the rest of the Federal Circuit Courts in holding that one of the …

Thomas v. Holder, No. 12-5228 (D.C. Cir.) (750 F.3d 899) (May 6, 2014) (Judge David S. Tatel)

Article • June 2, 2014 • from P&J June, 2014

Filed under: Punch And Jurists, Constitutional Challenges

Thomas v. Holder, No. 12-5228 (D.C. Cir.) (750 F.3d 899) (May 6, 2014) (Judge David S. Tatel) by In this case, the appellant, Keith Thomas, an inmate in a California state prison, filed a petition for writ of mandamus in the district court, seeking to compel Attorney General Eric Holder …

Skinner v. Switzer, No. 09-9000 (U.S. Supreme Court) (562 U.S. 521; 131 S.Ct. 1289) (March 7, 2011) (Justice Ginsburg)

Article • March 7, 2011 • from P&J March, 2011

Filed under: Punch And Jurists, DNA Evidence/Testing

Skinner v. Switzer, No. 09-9000 (U.S. Supreme Court) (562 U.S. 521; 131 S.Ct. 1289) (March 7, 2011) (Justice Ginsburg) by Here, in a narror ruing, the Court held, by a 6-3 vote, that the Federal courts may hear, in a civil rights suit under 42 U.S.C. § 1983, a claim …

McKithen v. Brown, No. 08-4002-pr (2nd Cir.) (626 F.3d 143) (November 19, 2010) (Judge Stefan R. Underhill)

Article • December 1, 2010

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

McKithen v. Brown, No. 08-4002-pr (2nd Cir.) (626 F.3d 143) (November 19, 2010) (Judge Stefan R. Underhill) by Here, based on the Supreme Court's decision in District Attorney's Office for the Third Judicial District v. Osborne, 129 S.Ct. 2308 (2009), the Second Circuit reversed McKithen v. Brown, 481 F.Supp.2d 440 …

Wade v. Brady, No. 04cv12135-NG (D.Mass.) (612 F.Supp.2d 90) (April 30, 2009) (Judge Nancy Gertner)

Article • May 1, 2009 • from P&J May, 2009

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

Wade v. Brady, No. 04cv12135-NG (D.Mass.) (612 F.Supp.2d 90) (April 30, 2009) (Judge Nancy Gertner) by Back in 2006, Judge Gertner issued a partial ruling on an issue that has grown in significance and importance - namely, does a prisoner have a due process right to post-conviction access to biological …

District Attorney's Office v. Osborne, No. 08-6 (U.S. Supreme Court) (557 U.S. 52; 129 S.Ct. 2308) (June 18, 2009) (Justice (John G.) Roberts)

Article • May 1, 2009 • from P&J May, 2009

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

District Attorney's Office v. Osborne, No. 08-6 (U.S. Supreme Court) (557 U.S. 52; 129 S.Ct. 2308) (June 18, 2009) (Justice (John G.) Roberts) by Here the Court held, by a 5-4 vote, that an individual whose criminal conviction has become final does not have a constitutional right to gain access …

In Re: DNA Ex Post Facto Issues, No. 08-6169 (4th Cir.) (561 F.3d 294) (March 26, 2009) (Judge William B. Jr. Traxler)

Article • May 1, 2009 • from P&J May, 2009

Filed under: Punch And Jurists, DNA Evidence/Testing

In Re: DNA Ex Post Facto Issues, No. 08-6169 (4th Cir.) (561 F.3d 294) (March 26, 2009) (Judge William B. Jr. Traxler) by The plaintiff in this case, Anthony Eubanks, a prisoner in South Carolina, appealed from a summary judgment against him dismissing his constitutional challenges to a new South …

McKithen v. Brown, No. 02-CV-1670 (JG) (E.D.N.Y.) (565 F.Supp.2d 440) (July 21, 2008) (Judge John Gleeson)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

McKithen v. Brown, No. 02-CV-1670 (JG) (E.D.N.Y.) (565 F.Supp.2d 440) (July 21, 2008) (Judge John Gleeson) by In an important ruling of first impression, Judge Gleeson held that "the Due Process Clause . . . grants a convicted offender access to physical evidence for the purpose of DNA testing if …

Brown v. Farwell, No. 07-15592 (9th Cir.) (525 F.3d 787) (May 5, 2008) (Judge Kim McLane Wardlaw)

Article • April 1, 2008 • from P&J April, 2008

Filed under: Punch And Jurists, DNA Evidence/Testing

Brown v. Farwell, No. 07-15592 (9th Cir.) (525 F.3d 787) (May 5, 2008) (Judge Kim McLane Wardlaw) by Here a divided panel from the Ninth Circuit vacated the sexual assault conviction of a defendant on the grounds that the prosecution had exaggerated the reliability of the DNA evidence by estimating …

Evans v. Thompson, No. 07-1014 (1st Cir.) (518 F.3d 1) (February 8, 2008) (Judge Sandra L. Lynch)

Article • March 1, 2008 • from P&J March, 2008

Filed under: Punch And Jurists, Constitutional Challenges

Evans v. Thompson, No. 07-1014 (1st Cir.) (518 F.3d 1) (February 8, 2008) (Judge Sandra L. Lynch) by Petitioner inmate sought federal habeas relief under 28 U.S.C. § 2254 and asserted that he received ineffective assistance of counsel and that the limitations imposed by 28 U.S.C. § 2254(d)(1), as amended …

Crater v. Galaza, No. 05-17027 (9th Cir.) (508 F.3d 1261) (December 6, 2007) (Per Curiam)

Article • January 1, 2008 • from P&J January, 2008

Filed under: Punch And Jurists, Constitutional Challenges

Crater v. Galaza, No. 05-17027 (9th Cir.) (508 F.3d 1261) (December 6, 2007) (Per Curiam) by

Irons v. Carey, No. 05-15275 (9th Cir.) (505 F.3d 846) (July 13, 2007) (Judge Stephen Reinhardt)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Constitutional Challenges

Irons v. Carey, No. 05-15275 (9th Cir.) (505 F.3d 846) (July 13, 2007) (Judge Stephen Reinhardt) by Here, after requesting briefs on the issue of whether Congress had violated the rights of the Judiciary when it enacted 28 U.S.C. § 2254(d)(1), the Court ducked addressing that issue; although two of …

Irons v. Carey, No. 05-15275 (9th Cir.) (506 F.3d 951) (November 6, 2007) (Per Curiam)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Constitutional Challenges

Irons v. Carey, No. 05-15275 (9th Cir.) (506 F.3d 951) (November 6, 2007) (Per Curiam) by Order denying rehearing en banc of the Court's decision in Irons v. Carey, 505 F.3d 846 (9th Cir. July 13, 2007), over a strong dissent by Judge Kleinfeld (and joined by Judge Bea).

McKithen v. Brown, No. 03-0168-pr (2nd Cir.) (481 F.3d 89) (March 13, 2007) (Judge Guido Calabresi)

Article • February 1, 2007 • from P&J February, 2007

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

McKithen v. Brown, No. 03-0168-pr (2nd Cir.) (481 F.3d 89) (March 13, 2007) (Judge Guido Calabresi) by The central issue before the Court in this case was “whether there exists a right, grounded in the Due Process Clause of the Fifth and Fourteenth Amendments to the federal Constitution, to post-conviction …

Irons v. Carey, No. 05-15275 (9th Cir.) (479 F.3d 658) (March 6, 2007) (Judge Stephen Reinhardt)

Article • February 1, 2007 • from P&J February, 2007

Filed under: Punch And Jurists, Constitutional Challenges

Irons v. Carey, No. 05-15275 (9th Cir.) (479 F.3d 658) (March 6, 2007) (Judge Stephen Reinhardt) by While neither the facts nor the outcome of his habeas case are particularly significant, its history and its undercurrents are fascinating. Nearly two years ago, in an order published at 408 F.3d 1165 …

U.S. v. Coleman, No. 05-1348 (3rd Cir.) (451 F.3d 154) (June 15, 2006) (Judge Thomas L. Ambro)

Article • June 1, 2006 • from P&J June, 2006

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Coleman, No. 05-1348 (3rd Cir.) (451 F.3d 154) (June 15, 2006) (Judge Thomas L. Ambro) by In this case, the Third Circuit undercut much of the legal arguments set forth in Judge Panner's outspoken and highly critical decision in U.S. v. Detwiler, 338 F. Supp. 2d 1166 (D. …

Johnson v. Quander, No. 05-5156 (D.C. Cir.) (440 F.3d 489) (March 17, 2006) (Judge David B. Sentelle)

Article • February 1, 2006 • from P&J February, 2006

Filed under: Punch And Jurists, Constitutional Challenges

Johnson v. Quander, No. 05-5156 (D.C. Cir.) (440 F.3d 489) (March 17, 2006) (Judge David B. Sentelle) by Here the D.C. Circuit joined with all the other Circuits that have ruled on the issue and held that the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. §§ 14135-14135e) is …

U.S. v. Grigg, No. 05-2484 (7th Cir.) (442 F.3d 560) (March 24, 2006) (Judge Kenneth F. Ripple)

Article • February 1, 2006 • from P&J February, 2006

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Grigg, No. 05-2484 (7th Cir.) (442 F.3d 560) (March 24, 2006) (Judge Kenneth F. Ripple) by Here, joining with the Second and Tenth Circuits, the Seventh Circuit concluded that the Feeney Amendment violates the principles established in U.S. v. Booker, stating in part: "In reviewing § 3553(b)(2) in …

Wade v. Brady, No. 04cv12135-NG (D.Mass.) (460 F.Supp.2d 226) (October 27, 2006) (Judge Nancy Gertner)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

Wade v. Brady, No. 04cv12135-NG (D.Mass.) (460 F.Supp.2d 226) (October 27, 2006) (Judge Nancy Gertner) by Plaintiff prisoner brought an action pursuant to 42 U.S.C. § 1983 against defendant public officials to obtain access to DNA testing of biological evidence used eight years before in his felony murder trial. The …