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Redding v. Safford United School District # 1, No. 05-15759 (9th Cir.) (531 F.3d 1071) (July 11, 2008) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, School Searches

Redding v. Safford United School District # 1, No. 05-15759 (9th Cir.) (531 F.3d 1071) (July 11, 2008) (Judge Kim McLane Wardlaw) by In Redding v. Safford United School District # 1, 504 F.3d 828 (9th Cir. Sept. 21, 2007) ("Redding I") (P&J, 08/27/07), a divided panel issued a controversial …

Arar v. Ashcroft, No. 06-4216-cv (2nd Cir.) (532 F.3d 157) (June 30, 2008) (Judge Jose A. Cabranes)

Article • June 1, 2008 • from P&J July, 2008

Filed under: Punch And Jurists, Failure to State a Claim Upon Which Relief Can Be Granted

Arar v. Ashcroft, No. 06-4216-cv (2nd Cir.) (532 F.3d 157) (June 30, 2008) (Judge Jose A. Cabranes) by One day history will look back at the seven ignominious years that followed the terrorist attacks on America on Sept. 11, 2001, and sadly ask why and how, in that short period …

U.S. v. Eberhard, No. 05-3431-cr(L) (2nd Cir.) (525 F.3d 175) (May 5, 2008) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists

U.S. v. Eberhard, No. 05-3431-cr(L) (2nd Cir.) (525 F.3d 175) (May 5, 2008) (Judge Dennis G. Jacobs) by Conviction, sentence, and restitution ordered against defendant for conspiracy, investment advisor fraud, mail and wire fraud, and obstruction of justice, are affirmed over defendant's claims that: 1) application of newly-enacted 18 U.S.C. …

Al-Marri v. Pucciarelli, No. 06-7427 (4th Cir.) (534 F.3d 213) (July 15, 2008) (Per Curiam)

Article • June 1, 2008 • from P&J November, 2008

Filed under: Punch And Jurists, Enemy Combatant Designation

Al-Marri v. Pucciarelli, No. 06-7427 (4th Cir.) (534 F.3d 213) (July 15, 2008) (Per Curiam) by Ever since the Bush administration began its assault on the Constitution in the name of fighting terrorism, one of the most dangerous powers it has claimed is the right to arrest U.S. citizens and …

U.S. v. Ramos, No. 06-51489 (5th Cir.) (537 F.3d 439) (July 28, 2008) (Judge E. Grady Jolly)

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

Filed under: Excessive Force, Punch And Jurists

U.S. v. Ramos, No. 06-51489 (5th Cir.) (537 F.3d 439) (July 28, 2008) (Judge E. Grady Jolly) by Few criminal prosecutions in the last decade have generated more emotion and controversy than this case involving two former U.S. Border Patrol agents, Ignacio Ramos and Jose Compean. They were convicted of …

U.S. v. Douglas, No. 06-0581-cr (2nd Cir.) (525 F.3d 225) (May 13, 2008) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists

U.S. v. Douglas, No. 06-0581-cr (2nd Cir.) (525 F.3d 225) (May 13, 2008) (Judge Amalya Lyle Kearse) by Conviction for killing a person in connection with an attempt to steal money from ATM machines is affirmed over defendant's claims that: 1) being charged with an offense punishable by death entitled …

In Re: NSA Telecommunications Records Litigation, No. MDL No. 06-1791-VRW (N.D.Cal.) (564 F.Supp.2d 1109) (July 2, 2008) (Judge Vaughn R. Walker)

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

Filed under: Punch And Jurists, NSA Wiretap Program

In Re: NSA Telecommunications Records Litigation, No. MDL No. 06-1791-VRW (N.D.Cal.) (564 F.Supp.2d 1109) (July 2, 2008) (Judge Vaughn R. Walker) by Just as a servile and weak-kneed Congress was capitulating to a petulant President and a powerful lobby of the telecommunications companies who participated in the NSA’s warrantless wiretapping …

Wilner v. National Security Agency, No. 07 Civ. 3883 (DLC) (S.D.N.Y.) (2008 U.S. Dist. LEXIS 48750) (June 25, 2008) (Judge Denise Cote)

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

Filed under: Punch And Jurists, Terrorist Surveillance Program

Wilner v. National Security Agency, No. 07 Civ. 3883 (DLC) (S.D.N.Y.) (2008 U.S. Dist. LEXIS 48750) (June 25, 2008) (Judge Denise Cote) by This is another ruling that continues the almost impenetrable shroud of secrecy imposed by the Government and routinely affirmed by the courts relating to nearly anything connected …

U.S. v. Aref, No. 07-0981-cr(L) (2nd Cir.) (533 F.3d 72) (July 2, 2008) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Classified Information Procedures Act (CIPA)

U.S. v. Aref, No. 07-0981-cr(L) (2nd Cir.) (533 F.3d 72) (July 2, 2008) (Judge Joseph M. McLaughlin) by This appeal stems from the convictions at trial in 2006 of Yassin Muhiddin Aref, an imam at a mosque in Albany, NY, and Mohammed Mosharref Hossain, a co-founder of that mosque, on …

U.S. v. Gilberson, No. 07-10100 (9th Cir.) (527 F.3d 882) (May 30, 2008) (Judge J. Clifford Wallace)

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

Filed under: Punch And Jurists

U.S. v. Gilberson, No. 07-10100 (9th Cir.) (527 F.3d 882) (May 30, 2008) (Judge J. Clifford Wallace) by Here the Court almost casually extended the Fourth Amendment's "open container" exception to computers, holding that a warrant authorizing the seizure of particular documents also authorizes the search of a container likely …

U.S. v. Gilbert, No. 07-30153 (9th Cir.) (286 Fed.Appx. 383) (July 15, 2008) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Gilbert, No. 07-30153 (9th Cir.) (286 Fed.Appx. 383) (July 15, 2008) (Per Curiam) by The initial tremors from the Supreme Court’s blockbuster Second Amendment decision in District of Columbia v. Heller, 554 U.S. ___, 128 S.Ct. 2783 (June 28, 2008) (P&J, 06/02/08) have begun to die down; but …

A.C.L.U. v. Mukasey, No. 07-2539 (3rd Cir.) (534 F.3d 181) (July 22, 2008) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Child Online Protection Act (COPA)

A.C.L.U. v. Mukasey, No. 07-2539 (3rd Cir.) (534 F.3d 181) (July 22, 2008) (Judge Morton I. Greenberg) by For more than a decade, Congress and the courts have been battling over the permissible boundaries of legislation designed to outlaw child pornography on the Internet. The latest battle lines can trace …

Warshak v. U.S., No. 06-4092 (6th Cir.) (532 F.3d 521) (July 11, 2008) (Judge Jeffrey S. Sutton)

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

Filed under: Punch And Jurists, Emails

Warshak v. U.S., No. 06-4092 (6th Cir.) (532 F.3d 521) (July 11, 2008) (Judge Jeffrey S. Sutton) by In Warshak v. U.S., 490 F.3d 455 (6th Cir. June 18, 2007) (“Warshak I”) (P&J, 06/04/07), a panel from the Sixth Circuit issued a landmark decision in which it affirmed an injunction …

Parhat v. Gates, No. 06-1397 (D.C. Cir.) (532 F.3d 834) (June 20, 2008) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists

Parhat v. Gates, No. 06-1397 (D.C. Cir.) (532 F.3d 834) (June 20, 2008) (Judge Merrick B. Garland) by For the first time, a Federal court has looked into the procedures employed by the Pentagon’s Combatant Status Review Tribunals (CSRTs) to determine whether a person held at Guantanamo Bay should be …

U.S. v. Desinor, No. 05-4500-cr(L) (2nd Cir.) (525 F.3d 193) (May 8, 2008) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists

U.S. v. Desinor, No. 05-4500-cr(L) (2nd Cir.) (525 F.3d 193) (May 8, 2008) (Judge John M. Jr. Walker) by In a prosecution of multiple defendants for various drug-related offenses, their convictions are affirmed where: 1) defendants were not entitled to a jury charge on self-defense; 2) there was no error …

U.S. v. Graziano, No. 07-CR-0508 (JFB) (E.D.N.Y.) (558 F.Supp.2d 304) (March 20, 2008) (Judge Joseph F. Bianco)

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

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Graziano, No. 07-CR-0508 (JFB) (E.D.N.Y.) (558 F.Supp.2d 304) (March 20, 2008) (Judge Joseph F. Bianco) by As a Government agent in this case observed, computers can be repositories of one’s most private, even subconscious, thoughts. Asked why he examined Internet history files when searching a defendant’s computer for …

Eberhart v. U.S., No. 04-9949 (U.S. Supreme Court) (546 U.S. 12; 126 S.Ct. 403) (October 31, 2005) (Per Curiam)

Article • May 17, 2008

Filed under: Punch And Jurists, New Trial - Motions for

Eberhart v. U.S., No. 04-9949 (U.S. Supreme Court) (546 U.S. 12; 126 S.Ct. 403) (October 31, 2005) (Per Curiam) by In this case, the Supreme Court expanded on its holding in Kontrick v. Ryan, 540 U.S. 443 (2004) by ruling that Fed. R. Crim. P. 33(a), which includes time limitations …

U.S. v. Lee, No. 06-4933-cr (2nd Cir.) (523 F.3d 104) (April 17, 2008) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Lee, No. 06-4933-cr (2nd Cir.) (523 F.3d 104) (April 17, 2008) (Judge Jose A. Cabranes) by In a prosecution for drug-related offenses wherein defendant entered a plea agreement, appeal of sentence is dismissed where the appeal waiver set forth in defendant's plea agreement was valid and enforceable. [Editor's …

District of Columbia v. Heller, No. 07-290 (U.S. Supreme Court) (554 U.S. 570; 128 S.Ct. 2783) (June 26, 2008) (Justice Scalia)

Article • May 1, 2008 • from P&J October, 2007

Filed under: Punch And Jurists

District of Columbia v. Heller, No. 07-290 (U.S. Supreme Court) (554 U.S. 570; 128 S.Ct. 2783) (June 26, 2008) (Justice Scalia) by The last decision of the Supreme Court’s 2007-2008 term was this deeply divided but momentous 5 to 4 decision on whether Americans have a constitutional right to possess …

U.S. v. Rodriguez, No. 06-2656 (1st Cir.) (527 F.3d 221) (June 4, 2008) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists

U.S. v. Rodriguez, No. 06-2656 (1st Cir.) (527 F.3d 221) (June 4, 2008) (Judge Bruce M. Selya) by Starting in the mid-1990's, a number of prosecutor’s offices in districts that were strained by high immigration case workloads began to offer diminished charges or sentences in immigration cases in exchange for …