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Geiger v. Federal Bureau of Prisons, No. CV 06 2218 CAS (RC) (C.D.Cal.) (487 F.Supp.2d 1155) (May 11, 2007) (Judge Magistrate)

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

Filed under: Punch And Jurists, Fair Debt Collection Practices Act

Geiger v. Federal Bureau of Prisons, No. CV 06 2218 CAS (RC) (C.D.Cal.) (487 F.Supp.2d 1155) (May 11, 2007) (Judge Magistrate) by This is an interesting decision involving a series of creative challenges by Ronald Geiger, a pro se inmate, to the BOP’s power to collect restitution payments under the …

Thomas v. Baca, No. CV 04-08448 DDP (C.D.Cal.) (514 F.Supp.2d 1201) (September 20, 2007) (Judge Dean D. Pregerson)

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

Filed under: Punch And Jurists, Sleeping on Floor

Thomas v. Baca, No. CV 04-08448 DDP (C.D.Cal.) (514 F.Supp.2d 1201) (September 20, 2007) (Judge Dean D. Pregerson) by This is an important ruling dealing with prison overcrowding that has the potential of causing significant (and expensive) and far-reaching changes in prison practices in America. It will certainly send chills …

Mayfield v. U.S., No. 04-1427-AA (D.Or.) (504 F.Supp.2d 1023) (September 26, 2007) (Judge Ann L. Aiken)

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

Filed under: Punch And Jurists, Significant Purpose Test

Mayfield v. U.S., No. 04-1427-AA (D.Or.) (504 F.Supp.2d 1023) (September 26, 2007) (Judge Ann L. Aiken) by In this remarkable 44-page ruling, Judge Ann Aiken held that two key provisions of the Foreign Intelligence Surveillance Act (FISA) of 1978, which were amended by the USA PATRIOT Act in 2001 - …

U.S. v. Comstock, No. 06-HC-2195-BR (E.D.N.C.) (507 F.Supp.2d 522) (September 7, 2007) (Judge W. Earl Britt)

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

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Comstock, No. 06-HC-2195-BR (E.D.N.C.) (507 F.Supp.2d 522) (September 7, 2007) (Judge W. Earl Britt) by Judge Britt’s 59-page decision in this case addresses a growing and highly contentious issue - namely, the narrowing and ever-fuzzier distinctions between civil and criminal commitment for sex offenders. Historically, prisons have been …

U.S. v. Wilson, No. 04-CR-1016 (NGG) (E.D.N.Y.) (493 F.Supp.2d 526) (January 29, 2007) (Judge Nicholas G. Garaufis)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Wilson, No. 04-CR-1016 (NGG) (E.D.N.Y.) (493 F.Supp.2d 526) (January 29, 2007) (Judge Nicholas G. Garaufis) by U.S. v. Wilson, 483 F.Supp.2d 348 to 537 (E.D.N.Y. June 8, 2006 thru June 12, 2007) (Judge Garaufis) (Docket No. 04-CR-1016 (NGG)) [26 separate rulings] In a series of 26 separate rulings …

U.S. v. Wilson, No. 04-CR-1016 (NGG) (E.D.N.Y.) (493 F.Supp.2d 537) (March 29, 2007) (Judge Nicholas G. Garaufis)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Wilson, No. 04-CR-1016 (NGG) (E.D.N.Y.) (493 F.Supp.2d 537) (March 29, 2007) (Judge Nicholas G. Garaufis) by This decision, one of 26 separate rulings issued by Judge Garaufis that relate to the death penalty that was imposed on Ronell Wilson under the Federal Death Penalty Act, contains the Court's …

U.S. v. Fisher, No. 06-1795 (3rd Cir.) (502 F.3d 293) (September 10, 2007) (Judge Thomas Michael Hardiman)

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

Filed under: Due Process, Punch And Jurists

U.S. v. Fisher, No. 06-1795 (3rd Cir.) (502 F.3d 293) (September 10, 2007) (Judge Thomas Michael Hardiman) by In U.S. v. Kikumura, 918 F.2d 1084 (3rd Cir. 1990), a landmark sentencing decision, the Third Circuit held that, while the Due Process Clause of the Fifth Amendment ordinarily requires a district …

Doe v. Gonzales, No. 04 Civ. 2614 (VM) (S.D.N.Y.) (500 F.Supp.2d 379) (September 6, 2007) (Judge Victor Marrero)

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

Filed under: Punch And Jurists, USA Patriot Act

Doe v. Gonzales, No. 04 Civ. 2614 (VM) (S.D.N.Y.) (500 F.Supp.2d 379) (September 6, 2007) (Judge Victor Marrero) by For the second time in three years, Judge Marrero has concluded that a key component of the USA Patriot Act, namely, 18 U.S.C. § 2709 relating to the issuance of a …

U.S. v. Martignon, No. 04-5649-cr (2nd Cir.) (492 F.3d 140) (June 13, 2007) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Anti-Bootlegging Law

U.S. v. Martignon, No. 04-5649-cr (2nd Cir.) (492 F.3d 140) (June 13, 2007) (Judge Rosemary S. Pooler) by For a summary of the holding in this case, see "2nd Circuit Upholds Congress' Power to Pass Anti-Bootlegging Law," by Mark Hamblett, as published in the New York Law Journal, June 14, …

Cornejo v. County of San Diego, No. 05-56202 (9th Cir.) (504 F.3d 893) (September 24, 2007) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Enforceable Rights/Remedies

Cornejo v. County of San Diego, No. 05-56202 (9th Cir.) (504 F.3d 893) (September 24, 2007) (Judge Pamela Ann Rymer) by Despite repeated attempts, aliens are gradually losing their fight to establish any judicially enforceable rights under the Vienna Convention on Consular Relations (the “Convention”), which was ratified into law …

U.S. v. Chase, No. 06-30242 (9th Cir.) (499 F.3d 1061) (August 27, 2007) (Judge Warren J. Ferguson)

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

Filed under: Punch And Jurists, Right to Expert Witness

U.S. v. Chase, No. 06-30242 (9th Cir.) (499 F.3d 1061) (August 27, 2007) (Judge Warren J. Ferguson) by This is an important decision which not only emphasizes an indigent defendant’s right to expert witnesses; it also provides some clarity to process by which methamphetamine quantity should be determined. Here the …

Nichols v. U.S., No. 05-6452 (6th Cir.) (501 F.3d 542) (August 16, 2007) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Future Change in the Law

Nichols v. U.S., No. 05-6452 (6th Cir.) (501 F.3d 542) (August 16, 2007) (Judge Karen Nelson Moore) by

Electronic Privacy Information Center v. Dept. of Justice, No. Civ. No. 06-00096 (HHK) (D.D.C.) (511 F.Supp.2d 56) (September 5, 2007) (Judge Henry H. Jr. Kennedy)

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

Filed under: Punch And Jurists, NSA Domestic Spying Program

Electronic Privacy Information Center v. Dept. of Justice, No. Civ. No. 06-00096 (HHK) (D.D.C.) (511 F.Supp.2d 56) (September 5, 2007) (Judge Henry H. Jr. Kennedy) by In this consolidated case, the Electronic Privacy Information Center (EPIC) and the ACLU filed a series of claims against the Department of Justice (DOJ) …

Richey v. Bradshaw, No. 01-3477 (6th Cir.) (498 F.3d 344) (August 10, 2007) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Strickland Standard

Richey v. Bradshaw, No. 01-3477 (6th Cir.) (498 F.3d 344) (August 10, 2007) (Judge R. Guy Jr. Cole) by

U.S. v. Howard, No. 06-0457-cr (2nd Cir.) (489 F.3d 484) (June 5, 2007) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Howard, No. 06-0457-cr (2nd Cir.) (489 F.3d 484) (June 5, 2007) (Judge Sonia Sotomayor) by For an analysis of the holding in this case, see "Troopers' Trickery In Searching Cars Ruled Constitutional," by Mark Hamblett, as published in the New York Law Journal, June 6, 2007: June 6, …

U.S. v. Mayer, No. 06-50481 (9th Cir.) (490 F.3d 1129) (June 6, 2007) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists, Outrageous Government Misconduct

U.S. v. Mayer, No. 06-50481 (9th Cir.) (490 F.3d 1129) (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 …

Redding v. Safford United School District, No. 05-15759 (9th Cir.) (504 F.3d 828) (September 21, 2007) (Judge Richard R. Clifton)

Article • August 1, 2007 • from P&J June, 2008

Filed under: Punch And Jurists, School Searches

Redding v. Safford United School District, No. 05-15759 (9th Cir.) (504 F.3d 828) (September 21, 2007) (Judge Richard R. Clifton) by In this case, Savana Redding, a 13-year old student in Arizona, appealed from a Magistrate Judge’s dismissal of her civil rights action, pursuant to 42 U.S.C. § 1983, against …

Jean-Pierre v. U.S. Attorney General, No. 06-13359 (11th Cir.) (500 F.3d 1315) (September 19, 2007) (Judge Stanley Marcus)

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

Filed under: Punch And Jurists, U.N. Convention Against Torture

Jean-Pierre v. U.S. Attorney General, No. 06-13359 (11th Cir.) (500 F.3d 1315) (September 19, 2007) (Judge Stanley Marcus) by In this case, the Court effectively held that the immigratiion courts cannot turn a blind eye to claims of torture. The Court's opinion started as follows: "More than fifty years ago, …

Idaho v. Wright, No. 89-26 (U.S. Supreme Court) (497 U.S. 805; 110 S.Ct. 3139) (June 27, 1990) (Justice O'Connor)

Article • July 30, 2007

Filed under: Punch And Jurists, Excited Utterance

Idaho v. Wright, No. 89-26 (U.S. Supreme Court) (497 U.S. 805; 110 S.Ct. 3139) (June 27, 1990) (Justice O'Connor) by In this case the respondent, Laura Lee Wright, was charged under Idaho law with two counts of lewd conduct with a minor, specifically her 5 1/2- and 2 1/2-year-old daughters. …

Smith v. Maryland, No. 78-5374 (U.S. Supreme Court) (442 U.S. 735; 99 S.Ct. 2577) (June 20, 1979) (Justice Blackmun)

Article • July 27, 2007

Filed under: Punch And Jurists, Pen Registers

Smith v. Maryland, No. 78-5374 (U.S. Supreme Court) (442 U.S. 735; 99 S.Ct. 2577) (June 20, 1979) (Justice Blackmun) by In its decision the Court emphasized that it "consistently has held that a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties." (Id., …