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Kyllo v. U.S., No. 99-8508 (U.S. Supreme Court) (533 U.S. 27; 121 S.Ct. 2038) (June 11, 2001) (Justice Scalia)
Article • January 2, 2008 • from P&J May, 2001
Filed under: Punch And Jurists, Searches - Thermal Imager
Kyllo v. U.S., No. 99-8508 (U.S. Supreme Court) (533 U.S. 27; 121 S.Ct. 2038) (June 11, 2001) (Justice Scalia) by In this case, a sharply divided Supreme Court ruled that the use by police of a thermal imaging device to detect heat patterns coming from a private home is a …
U.S. v. Forrester, No. 05-50410 (9th Cir.) (512 F.3d 500) (January 7, 2008) (Judge Raymond C. Fisher)
Article • January 1, 2008 • from P&J January, 2008
Filed under: Punch And Jurists, Email and IP Addresses
U.S. v. Forrester, No. 05-50410 (9th Cir.) (512 F.3d 500) (January 7, 2008) (Judge Raymond C. Fisher) by
Kessack v. U.S., No. C05-1828Z (W.D.Wash.) (2008 U.S. Dist. LEXIS 7739) (January 18, 2008) (Judge Thomas S. Zilly)
Article • January 1, 2008 • from P&J January, 2008
Filed under: Retroactivity, Punch And Jurists
Kessack v. U.S., No. C05-1828Z (W.D.Wash.) (2008 U.S. Dist. LEXIS 7739) (January 18, 2008) (Judge Thomas S. Zilly) by This is a fascinating decision in which Judge Zilly granted the petitioner’s motion for a Writ of Audita Querella in order to remedy a “grave injustice,” thus allowing him to be …
U.S. v. Auster, No. 07-30084 (5th Cir.) (517 F.3d 312) (February 11, 2008) (Judge Jerry E. Smith)
Article • January 1, 2008 • from P&J January, 2008
Filed under: Punch And Jurists, Psychotherapist-Patient Privilege
U.S. v. Auster, No. 07-30084 (5th Cir.) (517 F.3d 312) (February 11, 2008) (Judge Jerry E. Smith) by Although the psychotherapist-patient privilege has been recognized by the Supreme Court as a valid privilege (see, Jaffee v. Redmond, 518 U.S. 1 (1996)), the Circuit courts have disagreed over whether there is …
U.S. v. Pesaturo, No. 06-10390-MLW (D.Mass.) (519 F.Supp.2d 177) (October 9, 2007) (Judge Magistrate)
Article • January 1, 2008 • from P&J January, 2008
Filed under: Punch And Jurists, Informers Privilege
U.S. v. Pesaturo, No. 06-10390-MLW (D.Mass.) (519 F.Supp.2d 177) (October 9, 2007) (Judge Magistrate) by This is an interesting decision that contains a detailed analysis of the Government’s discovery obligations under Fed.R.Crim.P. 16 in a case that was based primarily on information supplied by an unidentified confidential informant (CI). In …
U.S. v. Newsom, No. 06-10822 (5th Cir.) (508 F.3d 731) (November 16, 2007) (Judge Carl E. Stewart)
Article • January 1, 2008 • from P&J January, 2008
Filed under: Punch And Jurists, Degree of connection to charged crimes
U.S. v. Newsom, No. 06-10822 (5th Cir.) (508 F.3d 731) (November 16, 2007) (Judge Carl E. Stewart) by Here the Court held that a sentencing court may enhance a sentence based on conduct underlying uncharged crimes pursuant to U.S.S.G. § 5K2.21 so long as there is “some degree of connection …
Anderson v. Terhune, No. 04-17237 (9th Cir.) (516 F.3d 781) (February 15, 2008) (Judge M. Margaret McKeown)
Article • January 1, 2008 • from P&J January, 2008
Filed under: Punch And Jurists, Presumption of Correctness
Anderson v. Terhune, No. 04-17237 (9th Cir.) (516 F.3d 781) (February 15, 2008) (Judge M. Margaret McKeown) by Here the en banc court reversed a prior decision which had held that when a defendant states to a policeman “I plead the Fifth,” that statement was not a sufficiently clear and …
U.S. v. Dorsey, No. 06-16698 (11th Cir.) (512 F.3d 1321) (January 14, 2008) (Judge Charles R. Wilson)
Article • January 1, 2008 • from P&J January, 2008
Filed under: Punch And Jurists, Refusal to file motion
U.S. v. Dorsey, No. 06-16698 (11th Cir.) (512 F.3d 1321) (January 14, 2008) (Judge Charles R. Wilson) by Here the Court held that the government’s alleged refusal to file a once-promised § 5K1.1 motion for reduction of sentence because the defendant elected to go to trial instead of pleading guilty …
Danforth v. Minnesota, No. 06-8273 (U.S. Supreme Court) (552 U.S. 264; 128 S.Ct. 1029) (February 20, 2008) (Justice Stevens)
Article • January 1, 2008 • from P&J January, 2008
Filed under: Punch And Jurists
Danforth v. Minnesota, No. 06-8273 (U.S. Supreme Court) (552 U.S. 264; 128 S.Ct. 1029) (February 20, 2008) (Justice Stevens) by By a 7-2 vote, the Court held that the States may give prisoners the retroactive benefit of Supreme Court criminal law decisions, even in cases where the Court has held …
Bismullah v. Gates, No. 06-1197 (D.C. Cir.) (514 F.3d 1291) (February 1, 2008) (Per Curiam)
Article • January 1, 2008 • from P&J January, 2008
Filed under: Punch And Jurists
Bismullah v. Gates, No. 06-1197 (D.C. Cir.) (514 F.3d 1291) (February 1, 2008) (Per Curiam) by Here, splitting evenly, the Court declined to reconsider en banc an earlier ruling that ordered the Government to provide a wide array of information to eight Guantanamo Bay detainees who were challenging their designation …
U.S. v. Elfgeeh, No. 06-0638-cr (2nd Cir.) (515 F.3d 100) (February 14, 2008) (Judge Amalya Lyle Kearse)
Article • January 1, 2008 • from P&J January, 2008
Filed under: Punch And Jurists, Publicity - Prejudicial
U.S. v. Elfgeeh, No. 06-0638-cr (2nd Cir.) (515 F.3d 100) (February 14, 2008) (Judge Amalya Lyle Kearse) by This is another one of the many cases that arose out of the Government’s crackdown on terrorism funding operations in the aftermath of 9/11; and, among the many issues raised on appeal, …
Arrington v. Daniels, No. 06-35855 (9th Cir.) (516 F.3d 1106) (February 20, 2008) (Judge Stephen Reinhardt)
Article • January 1, 2008 • from P&J January, 2008
Filed under: Punch And Jurists, Eligibility
Arrington v. Daniels, No. 06-35855 (9th Cir.) (516 F.3d 1106) (February 20, 2008) (Judge Stephen Reinhardt) by In this case the Court held that the Bureau of Prisons (BOP) had violated section 706(2)(A) of the Administrative Procedure Act (APA) when it promulgated a regulation under its Residential Drug Abuse Treatment …
U.S. v. Shrake, No. 07-1790 (7th Cir.) (515 F.3d 743) (February 6, 2008) (Judge Frank H. Easterbrook)
Article • January 1, 2008 • from P&J January, 2008
Filed under: Discovery, Punch And Jurists
U.S. v. Shrake, No. 07-1790 (7th Cir.) (515 F.3d 743) (February 6, 2008) (Judge Frank H. Easterbrook) by In this case, the Court addressed a controversial and much litigated provision of the Adam Walsh Child Protection Safety Act of 2006 (the “Adam Walsh Act”), namely 18 U.S.C. § 3509(m), which …
U.S. v. Anim, No. 4:06-cr-00218 (S.D.Iowa) (519 F.Supp.2d 968) (November 5, 2007) (Judge Robert W. Pratt)
Article • January 1, 2008 • from P&J January, 2008
Filed under: Punch And Jurists, Disclosure Obligations
U.S. v. Anim, No. 4:06-cr-00218 (S.D.Iowa) (519 F.Supp.2d 968) (November 5, 2007) (Judge Robert W. Pratt) by This is an interesting ruling that addresses a recurring issue: Is a defendant required to provide the Probation Office with information that the officer deems necessary to complete the defendant’s presentence report? In …
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
Smith v. U.S., No. 91-8674 (U.S. Supreme Court) (508 U.S. 223; 113 S.Ct. 2050) (June 1, 1993) (Justice O'Connor)
Article • December 17, 2007
Filed under: Punch And Jurists, Trading Guns for Drugs
Smith v. U.S., No. 91-8674 (U.S. Supreme Court) (508 U.S. 223; 113 S.Ct. 2050) (June 1, 1993) (Justice O'Connor) by In this case, the Court upheld the conviction of a defendant who had traded a gun for drugs. The Court held that "one who transports, exports, sells, or trades a …
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 …
U.S. v. Lehmann, No. 06-3597 (8th Cir.) (513 F.3d 805) (January 17, 2008) (Per Curiam)
Article • December 1, 2007 • from P&J December, 2007
Filed under: Probation, Punch And Jurists
U.S. v. Lehmann, No. 06-3597 (8th Cir.) (513 F.3d 805) (January 17, 2008) (Per Curiam) by In a decision that shows the impact of the Supreme Court rulings in Gall and Kimbrough, the Eighth Circuit emphatically upheld a sentence of probation, after concluding that the district court's decision was procedurally …
Parker v. District of Columbia, No. 94-7041 (D.C. Cir.) (2007 U.S. App. LEXIS 22872) (September 25, 2007) (Per Curiam)
Article • December 1, 2007 • from P&J December, 2007
Filed under: Punch And Jurists
Parker v. District of Columbia, No. 94-7041 (D.C. Cir.) (2007 U.S. App. LEXIS 22872) (September 25, 2007) (Per Curiam) by For a commentary on this order, see "Judges evaluate an argument on gun access," by Lyle Denniston, as posted on the SCOTUSBlog on September 28, 2007 [at http://www.scotusblog.com/movabletype/archives/2007/09/judges_doubt_ar.html] as follows: …
U.S. v. Conway, No. 06-4083 (6th Cir.) (513 F.3d 640) (January 23, 2008) (Judge Jeffrey S. Sutton)
Article • December 1, 2007 • from P&J December, 2007
Filed under: Sixth Amendment, Punch And Jurists
U.S. v. Conway, No. 06-4083 (6th Cir.) (513 F.3d 640) (January 23, 2008) (Judge Jeffrey S. Sutton) by Here the Court rejected a Sixth Amendment challenge to the use of conduct underlying dismissed counts as the basis for a sentence enhancement, concluding that there are significant differences between dismissed counts …
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