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Boumediene v. Bush, No. 06-1195 (U.S. Supreme Court) (553 U.S. 723; 128 S.Ct. 2229) (June 12, 2008) (Justice Kennedy)

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

Filed under: Punch And Jurists, Enemy Combatant Designation

Boumediene v. Bush, No. 06-1195 (U.S. Supreme Court) (553 U.S. 723; 128 S.Ct. 2229) (June 12, 2008) (Justice Kennedy) by In a major blow to the Bush Administration’s policies of detaining indefinitely foreign nationals who are accused of being “enemy combatants,” a sharply divided Supreme Court held that the foreign …

Munaf v. Geren, No. 06-1666 (U.S. Supreme Court) (553 U.S. 674; 128 S.Ct. 2207) (June 12, 2008) (Justice (John G.) Roberts)

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

Filed under: Punch And Jurists, Right to Block Transfer

Munaf v. Geren, No. 06-1666 (U.S. Supreme Court) (553 U.S. 674; 128 S.Ct. 2207) (June 12, 2008) (Justice (John G.) Roberts) by In a stunning rebuff to the Bush Administration’s claimed wartime authority, the Supreme Court held that two civilian United States citizens being held in American military custody were …

Giles v. California, No. 07-6053 (U.S. Supreme Court) (554 U.S. 353; 128 S.Ct. 2678) (June 25, 2008) (Justice Scalia)

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

Filed under: Punch And Jurists, Murder of Witness

Giles v. California, No. 07-6053 (U.S. Supreme Court) (554 U.S. 353; 128 S.Ct. 2678) (June 25, 2008) (Justice Scalia) by This is an unusual and, at times, perplexing, Confrontation Clause decision that bolsters the right of criminal defendants to confront their accusers under highly unusual circumstances. The 6-3 decision will …

Kennedy v. Louisiana, No. 07-343 (U.S. Supreme Court) (554 U.S. 407; 128 S.Ct. 2641) (June 25, 2008) (Justice Kennedy)

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

Filed under: Punch And Jurists, Rape of Minor

Kennedy v. Louisiana, No. 07-343 (U.S. Supreme Court) (554 U.S. 407; 128 S.Ct. 2641) (June 25, 2008) (Justice Kennedy) by The specific issue before the Court in this sharply-divided death-penalty case was whether the Constitution bars the states from imposing the death penalty for the rape of a child where …

Irizarry v. U.S., No. 06-7517 (U.S. Supreme Court) (553 U.S. 708; 128 S.Ct. 2198) (June 12, 2008) (Justice Stevens)

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

Filed under: Punch And Jurists

Irizarry v. U.S., No. 06-7517 (U.S. Supreme Court) (553 U.S. 708; 128 S.Ct. 2198) (June 12, 2008) (Justice Stevens) by Rule 32(h) of the Fed.R.Crim.P. provides that “[b]efore the court may depart from the applicable sentencing range on a ground not identified for departure either in the presentence report or …

U.S. v. Wexler, No. 06-1571-cr (2nd Cir.) (522 F.3d 194) (April 3, 2008) (Judge Roger J. Miner)

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

Filed under: Punch And Jurists, Expert and Opinion Evidence/Testimony

U.S. v. Wexler, No. 06-1571-cr (2nd Cir.) (522 F.3d 194) (April 3, 2008) (Judge Roger J. Miner) by Conviction and sentence for various offenses involving the distribution of controlled substances and health care fraud related to defendant's medical practices is reversed and remanded in part where: 1) under the buyer-seller …

U.S. v. Haynes, No. Crim. No. 06cr10328-NG (D.Mass.) (557 F.Supp.2d 200) (June 3, 2008) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Public Safety Concerns

U.S. v. Haynes, No. Crim. No. 06cr10328-NG (D.Mass.) (557 F.Supp.2d 200) (June 3, 2008) (Judge Nancy Gertner) by The defendant in this case, Myles Haynes, was one of 18 persons arrested during a drug sweep conducted jointly by the FBI and the Boston Police in a public housing development in …

U.S. v. Frias, No. 06-5381-cr (2nd Cir.) (521 F.3d 229) (March 31, 2008) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists

U.S. v. Frias, No. 06-5381-cr (2nd Cir.) (521 F.3d 229) (March 31, 2008) (Judge Robert D. Sack) by Conviction and sentence to life of imprisonment for conspiracy to commit murder in connection with a narcotics offense is affirmed over claims regarding: 1) insufficiency of the indictment; 2) erroneous jury instructions; …

Indiana v. Edwards, No. 07-208 (U.S. Supreme Court) (554 U.S. 164; 128 S.Ct. 2379) (June 19, 2008) (Justice Breyer)

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

Filed under: Punch And Jurists

Indiana v. Edwards, No. 07-208 (U.S. Supreme Court) (554 U.S. 164; 128 S.Ct. 2379) (June 19, 2008) (Justice Breyer) by In this 7-2 decision, the Supreme Court held that defendants found mentally competent to stand trial are not necessarily also competent to represent themselves at the trial. As a result, …

Kennedy v. Louisiana, No. 07-343 (U.S. Supreme Court) (554 U.S. 407; 129 S.Ct. 1) (October 1, 2008) (Per Curiam)

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

Filed under: Punch And Jurists, Rape of Minor

Kennedy v. Louisiana, No. 07-343 (U.S. Supreme Court) (554 U.S. 407; 129 S.Ct. 1) (October 1, 2008) (Per Curiam) by [Editor's Note: For some commentaries on this ruling, see • "Supreme Court Denies Rehearing in Child Rape Case," by Tony Mauro, as published on Legal Times at http://www.law.com/jsp/article.jsp?id=1202424956066 on October …

U.S. v. Donoso, No. 07-0635-cr (2nd Cir.) (521 F.3d 144) (April 3, 2008) (Per Curiam)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Donoso, No. 07-0635-cr (2nd Cir.) (521 F.3d 144) (April 3, 2008) (Per Curiam) by Re-sentencing for violation of conditions of a supervised release is affirmed where: 1) although the district court was not authorized under 18 U.S.C. § 3584(a) at the first sentencing hearing to direct defendant's federal …

Rothgery v. Gillespie County, No. 07-440 (U.S. Supreme Court) (554 U.S. 191; 128 S.Ct. 2578) (June 23, 2008) (Justice Souter)

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

Filed under: Punch And Jurists

Rothgery v. Gillespie County, No. 07-440 (U.S. Supreme Court) (554 U.S. 191; 128 S.Ct. 2578) (June 23, 2008) (Justice Souter) by Although Walter Rothgery had never been convicted of a felony, he as arrested by Texas police in 2002 as a felon in possession of a firearm based on an …

Greenlaw v. U.S., No. 07-330 (U.S. Supreme Court) (554 U.S. 237; 128 S.Ct. 2559) (June 23, 2008) (Justice Ginsburg)

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

Filed under: Punch And Jurists, Principle of Party Presentation

Greenlaw v. U.S., No. 07-330 (U.S. Supreme Court) (554 U.S. 237; 128 S.Ct. 2559) (June 23, 2008) (Justice Ginsburg) by Here the Court held that a circuit court's sua sponte decision to impose a longer sentence on defendant after he appealed was error under the Principle of Party Presentation, absent …

U.S. v. Grant, No. CR-94-0018(CPS) (E.D.N.Y.) (2008 U.S. Dist. LEXIS 38077) (May 9, 2008) (Judge Charles P. Sifton)

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

Filed under: Punch And Jurists, Loss of Employment Opportunities

U.S. v. Grant, No. CR-94-0018(CPS) (E.D.N.Y.) (2008 U.S. Dist. LEXIS 38077) (May 9, 2008) (Judge Charles P. Sifton) by Here the Court declined to expunge the arrest record of a petitioner 14 years after she had been acquitted of all charges at trial on the grounds that she had failed …

U.S. v. Hendry, No. 06-5118-cr (2nd Cir.) (522 F.3d 239) (April 9, 2008) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Hendry, No. 06-5118-cr (2nd Cir.) (522 F.3d 239) (April 9, 2008) (Per Curiam) by Sentence calculation for entering the United States after having been lawfully deported following a conviction of an aggravated felony is affirmed over claims that: 1) the existence of "fast-track-programs" in some districts but not …

U.S. v. Hardwick, No. 04-1369-cr(L) (2nd Cir.) (523 F.3d 94) (April 11, 2008) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Hardwick, No. 04-1369-cr(L) (2nd Cir.) (523 F.3d 94) (April 11, 2008) (Judge Ralph K. Jr. Winter) by Conviction for conspiracy to commit and aiding and abetting a murder-for-hire, in violation of 18 U.S.C. § 1958, is vacated and remanded where: 1) the district court's admission of a plea …

U.S. v. Monsanto, No. 88-454 (U.S. Supreme Court) (491 U.S. 600; 109 S.Ct. 2657) (June 22, 1989) (Justice White)

Article • April 14, 2008

Filed under: Punch And Jurists, Pre-Trial Restraint of Assets

U.S. v. Monsanto, No. 88-454 (U.S. Supreme Court) (491 U.S. 600; 109 S.Ct. 2657) (June 22, 1989) (Justice White) by Case held the pre-trial restraint of a criminal defendant's assets, pursuant to 21 U.S.C. § 853, does not violate the defendant's constitutional rights to retain an attorney so long as …

U.S. v. Ojeda Rios, No. 89-61 (U.S. Supreme Court) (495 U.S. 257; 110 S.Ct. 224) (April 30, 1990) (Justice White)

Article • April 1, 2008

Filed under: Punch And Jurists

U.S. v. Ojeda Rios, No. 89-61 (U.S. Supreme Court) (495 U.S. 257; 110 S.Ct. 224) (April 30, 1990) (Justice White) by Here the Court addressed in general the purpose and scope of the "sealing requirements" contained in 18 U.S.C. § 2518(8)(a), and specifically focused on the meaning of the statutory …

U.S. v. Ressam, No. 07-455 (U.S. Supreme Court) (553 U.S. 272; 128 S.Ct. 1858) (May 19, 2008) (Justice Stevens)

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

Filed under: Punch And Jurists, During the Commission of a Felony

U.S. v. Ressam, No. 07-455 (U.S. Supreme Court) (553 U.S. 272; 128 S.Ct. 1858) (May 19, 2008) (Justice Stevens) by The issue before the Court in this case was whether 18 U.S.C. § 844(h)(2), which imposes a mandatory minimum sentence enhancement of ten years for any person who “carries an …

U.S. v. Santos, No. 06-1005 (U.S. Supreme Court) (553 U.S. 507; 128 S.Ct. 2020) (June 2, 2008) (Justice Scalia)

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

Filed under: Punch And Jurists, Rule of Lenity

U.S. v. Santos, No. 06-1005 (U.S. Supreme Court) (553 U.S. 507; 128 S.Ct. 2020) (June 2, 2008) (Justice Scalia) by The principal Federal money laundering statute, 18 U. S. C. § 1956, prohibits specified transfers of money derived from various unlawful activities. Subsection (a)(1) makes it unlawful to engage in …