Search | Punch and Jurists

U.S. v. Saeteurn, No. 06-10401 (9th Cir.) (504 F.3d 1175) (October 15, 2007) (Judge Carlos T. Bea)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Saeteurn, No. 06-10401 (9th Cir.) (504 F.3d 1175) (October 15, 2007) (Judge Carlos T. Bea) by Here the Court held that a sentencing judge is not required to resolve disputes regarding facts recited in a PSR, “when those facts do not affect the term of imprisonment imposed, but …

U.S. v. Kattaria, No. 06-3903 (8th Cir.) (503 F.3d 703) (October 5, 2007) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Probable Cause

U.S. v. Kattaria, No. 06-3903 (8th Cir.) (503 F.3d 703) (October 5, 2007) (Judge James B. Loken) by In a decision that quickly drew a torrent of negative commentary as a “radical departure” from firmly established Fourth Amendment law, the Court held that a thermal imaging warrant requires only reasonable …

Brown v. Bureau of Prisons, No. 06-1606 (GK) (D.D.C.) (498 F.Supp.2d 298) (August 6, 2007) (Judge Gladys Kessler)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Brown v. Bureau of Prisons, No. 06-1606 (GK) (D.D.C.) (498 F.Supp.2d 298) (August 6, 2007) (Judge Gladys Kessler) by Whitney Brown is serving a 360-month sentence in a Federal prison. He brought a civil action against the Federal Bureau of Prisons (BOP), under the Privacy Act, 5 U.S.C. § 552a …

U.S. v. Ogburn, No. Crim. No. 99-238 (GK) (D.D.C.) (499 F.Supp.2d 28) (August 14, 2007) (Judge Gladys Kessler)

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

Filed under: Punch And Jurists

U.S. v. Ogburn, No. Crim. No. 99-238 (GK) (D.D.C.) (499 F.Supp.2d 28) (August 14, 2007) (Judge Gladys Kessler) by Here the Court held, as a matter of first impression, that it had the authority, under the FDCPA, to suspend or otherwise modify an order of garnishment of the defendant’s wages …

U.S. v. Wilson, No. 03-18-B-S (D.Me.) (495 F.Supp.2d 144) (July 13, 2007) (Judge George Z. Singal)

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

Filed under: Punch And Jurists, Notice Requirements

U.S. v. Wilson, No. 03-18-B-S (D.Me.) (495 F.Supp.2d 144) (July 13, 2007) (Judge George Z. Singal) by The defendant in this case, Easton Wilson, who was convicted of various drug offenses, moved, pursuant to Rule 41(g) of the Fed.R.Crim.P., for the return of some property that was seized pursuant to …

Zellner v. Summerlein, No. 05-6309-cv (2nd Cir.) (494 F.3d 344) (July 20, 2007) (Judge Amalya Lyle Kearse)

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

Filed under: Excessive Force, Punch And Jurists

Zellner v. Summerlein, No. 05-6309-cv (2nd Cir.) (494 F.3d 344) (July 20, 2007) (Judge Amalya Lyle Kearse) by For a summary of this decision, see "Circuit Reinstates Verdict Against State Police," by Joel Stashenko, as published in the New York Law Journal, July 31, 2007, as follows: "A federal appellate …

Stewart v. Erwin, No. 05-4635 (6th Cir.) (503 F.3d 488) (October 9, 2007) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Evidence - Failure to Disclose

Stewart v. Erwin, No. 05-4635 (6th Cir.) (503 F.3d 488) (October 9, 2007) (Judge Gerald E. Rosen) by U.S. v. Hamad, 495 F.3d 241 (6th Cir. July 19, 2007) (Judge Sutton) Stewart v. Erwin, No. 05-4635 (6th Cir. Oct. 9, 2007) (Judge Rosen) Both of these decisions explore an increasingly …

U.S. v. Zackery, No. 06-1930 (8th Cir.) (494 F.3d 644) (July 12, 2007) (Judge James B. Loken)

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

Filed under: Punch And Jurists

U.S. v. Zackery, No. 06-1930 (8th Cir.) (494 F.3d 644) (July 12, 2007) (Judge James B. Loken) by In Pinkerton v. U.S., 326 U.S. 640 (1946), the Supreme Court established the so-called "Pinkerton" theory of co-conspirator liability which exposes a defendant to criminal liability for substantive crimes committed by another …

U.S. v. Jenkins, No. 06-50049 (9th Cir.) (504 F.3d 694) (September 25, 2007) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Dismissal of Indictment

U.S. v. Jenkins, No. 06-50049 (9th Cir.) (504 F.3d 694) (September 25, 2007) (Judge Jr. William C. Canby) by Here a divided panel from the Ninth Circuit dismissed an indictment that charged the defendant with the crime of alien smuggling on the ground that the prosecutor’s conduct created the appearance …

Quintero-Salazar v. Keisler, No. 04-73128 (9th Cir.) (506 F.3d 688) (October 9, 2007) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Statutory Rape

Quintero-Salazar v. Keisler, No. 04-73128 (9th Cir.) (506 F.3d 688) (October 9, 2007) (Judge Sidney R. Thomas) by Here the Court held that California's statutory rape law, which makes it a crime to engage in intercourse with a minor who is under 16 years of age when the perpetrator is …

U.S. v. Horvath, No. 06-30447 (9th Cir.) (492 F.3d 1075) (July 10, 2007) (Judge Susan P. Graber)

Article • September 1, 2007 • from P&J March, 2008

Filed under: Punch And Jurists, Statements Submitted to a Court

U.S. v. Horvath, No. 06-30447 (9th Cir.) (492 F.3d 1075) (July 10, 2007) (Judge Susan P. Graber) by Under 18 U.S.C. § 1001(a), any person who knowingly and willfully makes a materially false statement to the federal government is subject to criminal liability. Congress, however, chose to exempt from criminal …

Samuels v. Bureau of Prisons, No. Civil No. 06-40085-RCL (D.Mass.) (498 F.Supp.2d 415) (July 27, 2007) (Judge Reginald C. Lindsay)

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

Filed under: Punch And Jurists, Exceptions

Samuels v. Bureau of Prisons, No. Civil No. 06-40085-RCL (D.Mass.) (498 F.Supp.2d 415) (July 27, 2007) (Judge Reginald C. Lindsay) by After exhausting his inmate grievance procedures, Julian Samuels, a Federal prisoner, filed a lawsuit, under the Federal Tort Claims Act (FTCA) (18 U.S.C. §§ 1346(b) and 2671-2680)), against the …

U.S. v. Warner, No. 06-3517 (7th Cir.) (506 F.3d 517) (October 25, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Dysfunctional Jury

U.S. v. Warner, No. 06-3517 (7th Cir.) (506 F.3d 517) (October 25, 2007) (Per Curiam) by Here the Court declined to grant an en banc review of a divided panel’s ruling that affirmed the convictions of former Illinois Governor George Ryan and his associate Lawrence Warner, despite claims that a …

Higazy v. Templeton, No. 05-4148-cv (2nd Cir.) (505 F.3d 161) (October 19, 2007) (Judge Rosemary S. Pooler)

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

Filed under: Government Misconduct, Punch And Jurists

Higazy v. Templeton, No. 05-4148-cv (2nd Cir.) (505 F.3d 161) (October 19, 2007) (Judge Rosemary S. Pooler) by Here the Second Circuit first withdrew and then republished a redacted opinion which omitted all reference to some embarrasing torture claims which were attributable to the FBI that appeared in the first …

Barber v. Page, No. 703 (U.S. Supreme Court) (390 U.S. 719; 88 S.Ct. 1318) (April 23, 2068) (Justice Marshall)

Article • August 30, 2007

Filed under: Punch And Jurists, Demeanor evidence

Barber v. Page, No. 703 (U.S. Supreme Court) (390 U.S. 719; 88 S.Ct. 1318) (April 23, 2068) (Justice Marshall) by Defendant sought certiorari review of a decision of the Tenth Circuit, which affirmed the denial of defendant's habeas corpus relief, notwithstanding defendant's contention that certain testimony of a codefendant was …

Hill v. Lockhart, No. 84-1103 (U.S. Supreme Court) (474 U.S. 52; 106 S.Ct. 366) (November 18, 1985) (Justice Rehnquist)

Article • August 24, 2007

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Hill v. Lockhart, No. 84-1103 (U.S. Supreme Court) (474 U.S. 52; 106 S.Ct. 366) (November 18, 1985) (Justice Rehnquist) by Here the Court extended the Strickland analysis to counsel's conduct during the pleading stage;and it held that that the Constitution does not require that a defendant be provided with information …

Belot v. Burge, No. 05-6875-pr (2nd Cir.) (490 F.3d 201) (June 20, 2007) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists

Belot v. Burge, No. 05-6875-pr (2nd Cir.) (490 F.3d 201) (June 20, 2007) (Judge Pierre N. Leval) by For a commentary on this decision, see "Court Rejects Excuse For Late Habeas Try: Circuit Adopts Discretion Standard," by Mark Hamblett, as published in the New York Law Journal, July 5, 2007, …

von Hofe v. U.S., No. 05-2969-cv (2nd Cir.) (492 F.3d 175) (June 27, 2007) (Judge Richard C. Wesley)

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

Filed under: Punch And Jurists

von Hofe v. U.S., No. 05-2969-cv (2nd Cir.) (492 F.3d 175) (June 27, 2007) (Judge Richard C. Wesley) by For a summary of the holding in this case, see "Forfeiture of Wife's Share of Home Over Husband's Marijuana Is Found Excessive," by Mark Hamblett, as published in the New York …

U.S. v. Kozeny, No. 05 Cr. 518(SAS) (S.D.N.Y.) (493 F.Supp.2d 693) (July 16, 2007) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Tolling of S/L to Obtain Foreign Evidence

U.S. v. Kozeny, No. 05 Cr. 518(SAS) (S.D.N.Y.) (493 F.Supp.2d 693) (July 16, 2007) (Judge Shira A. Scheindlin) by The three defendants in this case, Viktor Kozeny, Frederic Bourke and David Pinkerton, were charged with participating in a scheme to bribe senior government officials in the Republic of Azerbaijan, in …

U.S. v. Carter, No. 05-2823-cr (2nd Cir.) (489 F.3d 528) (June 8, 2007) (Judge Chester J. Straub)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Carter, No. 05-2823-cr (2nd Cir.) (489 F.3d 528) (June 8, 2007) (Judge Chester J. Straub) by For a summary of this decision, see "Circuit Clarifies Law on 'Two-Step' Confession Tactics," by Mark Hamblett, as published in the New York Law Journal on June 14, 2007: "The 2nd U.S. …