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U.S. v. Fort, No. 06-10473 (9th Cir.) (472 F.3d 1106) (January 8, 2007) (Judge Susan P. Graber)
Article • December 1, 2007 • from P&J December, 2007
Filed under: Punch And Jurists, Police Reports
U.S. v. Fort, No. 06-10473 (9th Cir.) (472 F.3d 1106) (January 8, 2007) (Judge Susan P. Graber) by The Government sought interlocutory review of an order from the United States District Court for the Northern District of California, which ruled that police reports created by city police officers prior to …
Warshak v. U.S., No. 1:06-cv-357 (S.D.Ohio) (2006 U.S. Dist. LEXIS 50076) (July 21, 2007) (Judge Susan J. Dlott)
Article • December 1, 2007 • from P&J December, 2007
Filed under: Punch And Jurists, Emails
Warshak v. U.S., No. 1:06-cv-357 (S.D.Ohio) (2006 U.S. Dist. LEXIS 50076) (July 21, 2007) (Judge Susan J. Dlott) by
Lin v. U.S. Dept. of Justice, No. 02-4611-ag (2nd Cir.) (494 F.3d 296) (July 16, 2007) (Judge Barrington D. Jr. Parker)
Article • December 1, 2007 • from P&J December, 2007
Filed under: Punch And Jurists, Family Planning Policies
Lin v. U.S. Dept. of Justice, No. 02-4611-ag (2nd Cir.) (494 F.3d 296) (July 16, 2007) (Judge Barrington D. Jr. Parker) by For a commentary on this decision, see "Deference? Schmeference," by Robert Loblaw as posted on the Decision of the Day Blog on July 16, 2007 as follows: "There’s …
U.S. v. Miller, No. 696 (U.S. Supreme Court) (307 U.S. 174; 59 S.Ct. 816) (May 15, 2039) (Justice McReynolds)
Article • November 20, 2007
Filed under: Punch And Jurists
U.S. v. Miller, No. 696 (U.S. Supreme Court) (307 U.S. 174; 59 S.Ct. 816) (May 15, 2039) (Justice McReynolds) by Here the Court suggested that the Second Amendment only confers a collective right of keeping and bearing arms which must bear a "reasonable relationship to the preservation or efficiency of …
Bismullah v. Gates, No. 06-1197 (D.C. Cir.) (503 F.3d 137) (October 3, 2007) (Judge Douglas Ginsburg)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists
Bismullah v. Gates, No. 06-1197 (D.C. Cir.) (503 F.3d 137) (October 3, 2007) (Judge Douglas Ginsburg) by Here the Court held that the Government must provide the Court and defense counsel with virtually all of its information regarding the detainees being held at Guantanamo Bay who are challenging their detention …
Carlson v. Jess, No. 06C0481 (E.D.Wisc.) (507 F.Supp.2d 968) (September 4, 2007) (Judge Lynn S. Adelman)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists, Counsel of Choice
Carlson v. Jess, No. 06C0481 (E.D.Wisc.) (507 F.Supp.2d 968) (September 4, 2007) (Judge Lynn S. Adelman) by One of the many abominations of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") was that it threw out more than 200 years of carefully-reasoned precedent relating to the Great Writ …
Casey v. City of Federal Heights, No. 06-1426 (10th Cir.) (509 F.3d 1278) (December 10, 2007) (Judge Michael W. McConnell)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists
Casey v. City of Federal Heights, No. 06-1426 (10th Cir.) (509 F.3d 1278) (December 10, 2007) (Judge Michael W. McConnell) by The growing and indiscriminate use of Taser guns by law enforcement officials is becoming a national disgrace; but, in this case, the Tenth Circuit finally did something to stop …
U.S. v. Pauley, No. 07-4270 (4th Cir.) (511 F.3d 468) (December 28, 2007) (Judge Clyde H. Hamilton)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists, Below Guidelines Sentence
U.S. v. Pauley, No. 07-4270 (4th Cir.) (511 F.3d 468) (December 28, 2007) (Judge Clyde H. Hamilton) by Here the Court upheld a substantial downward departure in a child pornography case, after concluding that the sentence was both reasonable (under the new appellate review standards) and properly premised on the …
U.S. v. Watkins, No. 05-4551 (6th Cir.) (509 F.3d 277) (December 14, 2007) (Judge Ronald Lee Gilman)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists, Cruel and Unusual Punishment
U.S. v. Watkins, No. 05-4551 (6th Cir.) (509 F.3d 277) (December 14, 2007) (Judge Ronald Lee Gilman) by In this case, the Sixth Circuit rejected the defendant’s contention that his sentence of 1,772 months (147 years) was constitutionally invalid under the Eighth Amendment as cruel and unusual punishment. The defendant, …
Kimbrough v. U.S., No. 06-6330 (U.S. Supreme Court) (552 U.S. 85; 128 S.Ct. 558) (December 10, 2007) (Justice Ginsburg)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists, Rita v. U.S.
Kimbrough v. U.S., No. 06-6330 (U.S. Supreme Court) (552 U.S. 85; 128 S.Ct. 558) (December 10, 2007) (Justice Ginsburg) by Gall v. U.S., 552 U.S. ___, 128 S.Ct. 565 (Dec. 10, 2007) (Justice Stevens) Kimbrough v. U.S., 552 U.S. ___, 128 S.Ct. 558 (Dec. 10, 2007) (Justice Ginsburg) Generally It …
U.S. v. Christman, No. 06-3266 (6th Cir.) (509 F.3d 299) (November 20, 2007) (Judge Richard Allen Griffin)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists, Ex Parte and In Camera Communications
U.S. v. Christman, No. 06-3266 (6th Cir.) (509 F.3d 299) (November 20, 2007) (Judge Richard Allen Griffin) by This is an interesting decision that highlights what Judge Boggs referred to in his dissent as a “genuine conundrum” - namely what can - or should - be done when a sentencing …
Pierre v. Gonzales, No. 05-3260-ag (2nd Cir.) (502 F.3d 109) (September 11, 2007) (Judge Dennis G. Jacobs)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists, U.N. Convention Against Torture
Pierre v. Gonzales, No. 05-3260-ag (2nd Cir.) (502 F.3d 109) (September 11, 2007) (Judge Dennis G. Jacobs) by For a summary of this decision, see "Haitians Facing Prison After Deportation Cannot Cite Torture as Defense to Stay," by Mark Hamblett, as published in the New York Law Journal on September …
U.S. v. Betts, No. 06-50205 (9th Cir.) (511 F.3d 872) (December 14, 2007) (Judge Andrew J. Kleinfeld)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists, Alcohol Abstention
U.S. v. Betts, No. 06-50205 (9th Cir.) (511 F.3d 872) (December 14, 2007) (Judge Andrew J. Kleinfeld) by Marcus Betts worked for TransUnion LLC, one of the three major credit reporting agencies. He was charged with conspiring with his codefendants to take bribes from people who wanted to improve their …
U.S. v. Canty, No. 06-1376 (7th Cir.) (499 F.3d 729) (August 28, 2007) (Judge Diane P. Wood)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists
U.S. v. Canty, No. 06-1376 (7th Cir.) (499 F.3d 729) (August 28, 2007) (Judge Diane P. Wood) by Anthony Canty was caught with guns, drugs, and counterfeit money in his apartment; and he was tried for counterfeiting money in violation of 18 U.S.C. § 471, as well as for numerous …
U.S. v. Colonna, No. 06-5237 (4th Cir.) (511 F.3d 431) (December 20, 2007) (Judge Roger L. Gregory)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists, In Custody
U.S. v. Colonna, No. 06-5237 (4th Cir.) (511 F.3d 431) (December 20, 2007) (Judge Roger L. Gregory) by This case is a perfect example of the type of abusive and excessive force that is utilized far too often by law enforcement personnel in modern-day America. At 6:30 in the morning …
Watson v. U.S., No. 06-571 (U.S. Supreme Court) (552 U.S. 74; 128 S.Ct. 579) (December 10, 2007) (Justice Souter)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists, Trading Drugs for a Gun
Watson v. U.S., No. 06-571 (U.S. Supreme Court) (552 U.S. 74; 128 S.Ct. 579) (December 10, 2007) (Justice Souter) by In Smith v. United States, 508 U. S. 223 (1993), the Supreme Court held, by a vote of 6-to-3, that “a criminal who trades his firearm for drugs ‘uses’ it …
Logan v. U.S., No. 06-6911 (U.S. Supreme Court) (552 U.S. 23; 128 S.Ct. 475) (December 4, 2007) (Justice Ginsburg)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists, Civil Rights Restored
Logan v. U.S., No. 06-6911 (U.S. Supreme Court) (552 U.S. 23; 128 S.Ct. 475) (December 4, 2007) (Justice Ginsburg) by
Gall v. U.S., No. 06-7949 (U.S. Supreme Court) (552 U.S. 38; 128 S.Ct. 586) (December 10, 2007) (Justice Stevens)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists, Rita v. U.S.
Gall v. U.S., No. 06-7949 (U.S. Supreme Court) (552 U.S. 38; 128 S.Ct. 586) (December 10, 2007) (Justice Stevens) by Gall v. U.S., 552 U.S. ___, 128 S.Ct. 565 (Dec. 10, 2007) (Justice Stevens) Kimbrough v. U.S., 552 U.S. ___, 128 S.Ct. 558 (Dec. 10, 2007) (Justice Ginsburg) Generally It …
U.S. v. Mayer, No. 06-50481 (9th Cir.) (503 F.3d 740) (June 6, 2007) (Judge Cynthia Holcomb Hall)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists, Outrageous Government Misconduct
U.S. v. Mayer, No. 06-50481 (9th Cir.) (503 F.3d 740) (June 6, 2007) (Judge Cynthia Holcomb Hall) by This opinion charts the boundaries of police surveillance of the First Amendment and associations. An FBI agent joined the North American Man/Boy Love Association (NAMBLA) to investigate foreign sex trade. Although the …
U.S. v. Kaid, No. 05-4470-cr (2nd Cir.) (502 F.3d 43) (September 12, 2007) (Per Curiam)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists, Per se ineffectiveness
U.S. v. Kaid, No. 05-4470-cr (2nd Cir.) (502 F.3d 43) (September 12, 2007) (Per Curiam) by For a summary of this decision, see "2nd Circuit Gives Narrow Reading to Causes of 'Ineffective Assistance'," by Mark Hamblett, New York Law Journal, Sept. 17, 2007, as follows: "The 2nd U.S. Circuit Court …
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