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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 …

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 …

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 …

U.S. v. Dupes, No. 05-5522-cr(L) (2nd Cir.) (513 F.3d 338) (January 9, 2008) (Judge John F. Keenan)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Dupes, No. 05-5522-cr(L) (2nd Cir.) (513 F.3d 338) (January 9, 2008) (Judge John F. Keenan) by Sentence based on guilty plea to securities fraud and conspiracy to commit securities fraud is affirmed over defendant's claims that: 1) the imposition of special conditions of supervised release relating to his …

Karpova v. Snow, No. 06-0104-cv (2nd Cir.) (497 F.3d 262) (August 14, 2007) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Travel Restrictions

Karpova v. Snow, No. 06-0104-cv (2nd Cir.) (497 F.3d 262) (August 14, 2007) (Judge Richard J. Cardamone) by For a summary of this decision, see "Circuit Upholds Fine for 'Human Shield'," by Mark Hamblett, as published in the Wall Street Journal, August 16, 2007, as follows: "A freelance journalist who …

U.S. v. Du, No. 05-1288 (10th Cir.) (467 F.3d 1168) (February 22, 2007) (Judge Timothy M. Tymkovich)

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

Filed under: Punch And Jurists, Occupational Restrictions

U.S. v. Du, No. 05-1288 (10th Cir.) (467 F.3d 1168) (February 22, 2007) (Judge Timothy M. Tymkovich) by In U.S. v. Souser, 405 F.3d 1162 (10th Cir. May 4, 2005) (P&J, 04/18/05), the Tenth Circuit held that an “employment verification policy” for federal probationers established by the Colorado probation office …

U.S. v. Smith, No. 04-2448 (1st Cir.) (436 F.3d 307) (February 8, 2006) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Smith, No. 04-2448 (1st Cir.) (436 F.3d 307) (February 8, 2006) (Judge Bruce M. Selya) by This is another case in which a court upheld a sweeping special condition of supervised release which, on its face, appeared to have little direct connection to his crime of conviction. Gregory …

U.S. v. Padilla, No. 03-1918 (1st Cir.) (415 F.3d 211) (July 25, 2005) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Padilla, No. 03-1918 (1st Cir.) (415 F.3d 211) (July 25, 2005) (Judge Bruce M. Selya) by Defendant was convicted by a jury in the United States District Court for the District of Massachusetts of being a felon in possession of a firearm, in violation of 18 U.S.C. § …

U.S. v. Souser, No. 04-1101 (10th Cir.) (405 F.3d 1162) (May 4, 2005) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Occupational Restrictions

U.S. v. Souser, No. 04-1101 (10th Cir.) (405 F.3d 1162) (May 4, 2005) (Judge Deanell R. Tacha) by The defendant in this case pled guilty to one count of making a false statement to the Government, in violation of 18 U.S.C. § 1001, arising out of her receipt of Federal …

U.S. v. Sczubelek, No. 03-2173 (3rd Cir.) (402 F.3d 175) (March 21, 2005) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Sczubelek, No. 03-2173 (3rd Cir.) (402 F.3d 175) (March 21, 2005) (Judge Jane R. Roth) by In this case, a convicted bank robber who was serving a term of supervised release, challenged the constitutionality of the DNA Analysis Backlog Elimination Act of 2000, 42 U.S.C. §§ 14135 - …

U.S. v. Vega, No. 03-1584 (1st Cir.) (398 F.3d 149) (February 24, 2005) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Vega, No. 03-1584 (1st Cir.) (398 F.3d 149) (February 24, 2005) (Judge Sandra L. Lynch) by Defendants' appeals from judgments of the United States District Court for the District of Puerto Rico were consolidated. Both defendants were convicted after trial, along with two other codefendants, for conspiracy to …

U.S. v. Pruden, No. 04-1863 (3rd Cir.) (398 F.3d 241) (February 23, 2005) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Pruden, No. 04-1863 (3rd Cir.) (398 F.3d 241) (February 23, 2005) (Judge Edward R. Becker) by Here the Court held that the district court (Judge Farnan of the D.Del.) erred by requiring, as a condition of supervised release, that the defendant obtain mental health counseling at the discretion …

Padgett v. Donald, No. 03-16527 (11th Cir.) (401 F.3d 1273) (March 4, 2005) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

Padgett v. Donald, No. 03-16527 (11th Cir.) (401 F.3d 1273) (March 4, 2005) (Judge Stanley F. Jr. Birch) by In this case of first impression, the Eleventh Circuit rejected a constitutional challenge to a Georgia law requiring incarcerated felons to submit DNA samples "by taking blood, swabbing the inside of …

U.S. v. Padilla, No. 03-1918 (1st Cir.) (393 F.3d 256) (December 23, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Padilla, No. 03-1918 (1st Cir.) (393 F.3d 256) (December 23, 2004) (Per Curiam) by Here the Court held that it was an improper delegation of judicial authority for the district court to allow the probation officer to determine the number of drug tests that the defendant was required …

U.S. v. Johnson, No. 97-CR-0206 (N.D.N.Y.) (2005 U.S. Dist. LEXIS 52) (January 5, 2005) (Judge Thomas J. McAvoy)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Computer Use/Internet Access

U.S. v. Johnson, No. 97-CR-0206 (N.D.N.Y.) (2005 U.S. Dist. LEXIS 52) (January 5, 2005) (Judge Thomas J. McAvoy) by Here, distinguishing two Circuit Court decisions which have ruled otherwise, Judge McAvoy held that a sex offender could be barred from using the Internet, even in the performance of his job. …

Doe v. City of Lafayette, Ind., No. 01-3624 (7th Cir.) (377 F.3d 757) (July 30, 2004) (Judge Kenneth F. Ripple)

Article • August 1, 2004 • from P&J August, 2004

Filed under: Punch And Jurists, Travel Restrictions

Doe v. City of Lafayette, Ind., No. 01-3624 (7th Cir.) (377 F.3d 757) (July 30, 2004) (Judge Kenneth F. Ripple) by

U.S. v. Kincade, No. 02-50380 (9th Cir.) (379 F.3d 813) (August 18, 2004) (Judge Diarmuid F. O'Scannlain)

Article • July 1, 2004 • from P&J July, 2004

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Kincade, No. 02-50380 (9th Cir.) (379 F.3d 813) (August 18, 2004) (Judge Diarmuid F. O'Scannlain) by In October 0f 2003, a divided three judge panel from the Ninth Circuit held that the forced extraction of blood from parolees pursuant to the DNA Analysis Backlog Elimination Act (42 U.S.C. …

Green v. Berge, No. 01-4080 (7th Cir.) (354 F.3d 675) (January 9, 2004) (Judge Terrence T. Evans)

Article • February 1, 2004 • from P&J February, 2004

Filed under: Punch And Jurists, DNA Evidence/Testing

Green v. Berge, No. 01-4080 (7th Cir.) (354 F.3d 675) (January 9, 2004) (Judge Terrence T. Evans) by Groceman v. U.S. Dept. of Justice, 354 F.3d 411 (5th Cir. 2004) (PerCuriam) Green v. Berge, 354 F.3d 675 (7th Cir. 2004) (Judge Evans) In these two cases, state and federally incarcerated …

Groceman v. U.S. Dept. of Justice, No. 02-10810 (5th Cir.) (354 F.3d 411) (January 6, 2004) (Per Curiam)

Article • February 1, 2004 • from P&J February, 2004

Filed under: Punch And Jurists, DNA Evidence/Testing

Groceman v. U.S. Dept. of Justice, No. 02-10810 (5th Cir.) (354 F.3d 411) (January 6, 2004) (Per Curiam) by Groceman v. U.S. Dept. of Justice, 354 F.3d 411 (5th Cir. 2004) (PerCuriam) Green v. Berge, 354 F.3d 675 (7th Cir. 2004) (Judge Evans) In these two cases, state and federally …

U.S. v. Melendez-Santana, No. 01-2386 (1st Cir.) (353 F.3d 93) (December 24, 2003) (Judge Kermit A. Lipez)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Melendez-Santana, No. 01-2386 (1st Cir.) (353 F.3d 93) (December 24, 2003) (Judge Kermit A. Lipez) by Here the Court held that, under the plain language of 18 U.S.C. § 3583(d), the district court may not vest a probation officer with the discretion to order an unlimited number of …