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Ford v. Wainwright, No. 85-5542 (U.S. Supreme Court) (477 U.S. 399; 106 S.Ct. 2595) (June 26, 1986) (Justice Marshall)

Article • July 1, 2007

Filed under: Eighth Amendment, Punch And Jurists

Ford v. Wainwright, No. 85-5542 (U.S. Supreme Court) (477 U.S. 399; 106 S.Ct. 2595) (June 26, 1986) (Justice Marshall) by In this case, the Supreme Court held that the Eighth Amendment prohibits a state from executing a prisoner who is insane. (Id., at 409-10). In an opinion joined by three …

U.S. v. Rayburn House Office Building, No. 06-3105 (D.C. Cir.) (497 F.3d 654) (August 3, 2007) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Speech or Debate Clause

U.S. v. Rayburn House Office Building, No. 06-3105 (D.C. Cir.) (497 F.3d 654) (August 3, 2007) (Judge Judith W. Rogers) by In this case, the D.C. Circuit addressed the highly publicized FBI raid last year of the Congressional offices of Congressman William Jefferson (D-Louisiana) as part of a corruption investigation. …

U.S. v. Burns, No. 04-2901 (8th Cir.) (500 F.3d 756) (August 27, 2007) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Rita v. U.S.

U.S. v. Burns, No. 04-2901 (8th Cir.) (500 F.3d 756) (August 27, 2007) (Judge Roger L. Wollman) by This case involves a Government appeal from a sentence imposed by Judge Bennett (N.D.Iowa), one of the most meticulous of sentencing judges, in which he rejected the Government’s recommendation for a 15 …

Orantes-Hernandez v. Gonzales, No. CV 82-01107 MMM (C.D.Cal.) (504 F.Supp.2d 825) (July 23, 2007) (Judge Margaret M. Morrow)

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

Filed under: Punch And Jurists, Detention - Generally

Orantes-Hernandez v. Gonzales, No. CV 82-01107 MMM (C.D.Cal.) (504 F.Supp.2d 825) (July 23, 2007) (Judge Margaret M. Morrow) by This is an important decision that affects the rights of some 230,000 immigrants who are detained by the U.S. each year in some 201 separate detention centers. This particular order had …

Schiller v. The City of New York, No. 04 Civ. 7922 (KMK) (JCF) (S.D.N.Y.) (2007 U.S. Dist. LEXIS 56602) (August 6, 2007) (Judge Magistrate)

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

Filed under: Punch And Jurists, Protective Orders

Schiller v. The City of New York, No. 04 Civ. 7922 (KMK) (JCF) (S.D.N.Y.) (2007 U.S. Dist. LEXIS 56602) (August 6, 2007) (Judge Magistrate) by Once again, Magistrate Judge Francis has issued a stern rebuke to New York City over its efforts to prevent the disclosure of nearly 2,000 of …

U.S. v. Yida, No. 06-10460 (9th Cir.) (498 F.3d 945) (August 16, 2007) (Judge Ronald M. Gould)

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

Filed under: Punch And Jurists, Deported Witness

U.S. v. Yida, No. 06-10460 (9th Cir.) (498 F.3d 945) (August 16, 2007) (Judge Ronald M. Gould) by This is an interesting case that emphasizes a defendant’s rights to have a jury hear live testimony from a witness in order to observe his demeanor. The key issue in this case …

U.S. v. Sampson, No. 04-6001 (1st Cir.) (497 F.3d 55) (July 27, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Sampson, No. 04-6001 (1st Cir.) (497 F.3d 55) (July 27, 2007) (Per Curiam) by

U.S. v. Poynter, No. 05-6508 (6th Cir.) (495 F.3d 349) (July 26, 2007) (Judge Jeffrey S. Sutton)

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

Filed under: Punch And Jurists

U.S. v. Poynter, No. 05-6508 (6th Cir.) (495 F.3d 349) (July 26, 2007) (Judge Jeffrey S. Sutton) by

U.S. v. Carriles, No. EP-07-CR-00087-KC (W.D.Tex.) (486 F.Supp.2d 599) (May 8, 2007) (Judge Kathleen Cardone)

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

Filed under: Punch And Jurists, Government Deception and Trickery

U.S. v. Carriles, No. EP-07-CR-00087-KC (W.D.Tex.) (486 F.Supp.2d 599) (May 8, 2007) (Judge Kathleen Cardone) by The defendant in this case, Luis Posada Carriles, a 79-year old Cuban national, was indicted for making false statements in connection with his application for U.S. citizenship. He moved to suppress various statements and …

Zhong v. U.S. Dept. of Justice, No. 02-4882-ag (2nd Cir.) (489 F.3d 126) (May 31, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Reversal of Precedent

Zhong v. U.S. Dept. of Justice, No. 02-4882-ag (2nd Cir.) (489 F.3d 126) (May 31, 2007) (Per Curiam) by In his dissent in this case, Judge Jacobs described the central issue of this case as follows: "A court may review a final order of removal only if . . . …

U.S. v. Pineda-Arrellano, No. 06-41156 (5th Cir.) (492 F.3d 624) (July 17, 2007) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Almendarez-Torres v. U.S.

U.S. v. Pineda-Arrellano, No. 06-41156 (5th Cir.) (492 F.3d 624) (July 17, 2007) (Judge Edith H. Jones) by For a summary of this decision, see "Panel Majority: Apprendi "No Longer . . . Legitimate Basis for Appeal" -- Concurrence: That's Dicta," as posted on the Fifth Circuit Blog at http://circuit5.blogspot.com/2007/07/panel-majority-apprendi-no-longer.html …

U.S. v. Warner, No. 06-3517 (7th Cir.) (498 F.3d 666) (August 21, 2007) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Dysfunctional Jury

U.S. v. Warner, No. 06-3517 (7th Cir.) (498 F.3d 666) (August 21, 2007) (Judge Diane P. Wood) by One can easily predict the outcome of this case simply by reading the majority’s opening statement: “This appeal comes to us after an investigation that lasted for years and a jury trial …

Stein v. KPMG, LLP, No. 06-4358-cv (2nd Cir.) (486 F.3d 753) (May 23, 2007) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, The Thompson Memorandum

Stein v. KPMG, LLP, No. 06-4358-cv (2nd Cir.) (486 F.3d 753) (May 23, 2007) (Judge Ralph K. Jr. Winter) by For a discussion of the ruling in this case, see "2nd Circuit: Federal Judge Lacks Authority to Hear Demands KPMG Pay Legal Fees," by Mark Hamblett, as published in the …

U.S. v. Tomko, No. 05-4997 (3rd Cir.) (498 F.3d 157) (August 20, 2007) (Judge D. Michael Fisher)

Article • July 1, 2007 • from P&J March, 2009

Filed under: Punch And Jurists, Rita v. U.S.

U.S. v. Tomko, No. 05-4997 (3rd Cir.) (498 F.3d 157) (August 20, 2007) (Judge D. Michael Fisher) by In this lengthy (66-page) decision, a divided panel from the Third Circuit vacated a probation-only sentence for tax evasion as substantively unreasonable. The majority and dissenting opinions represent the most detailed analysis …

Limone v. U.S., No. Civ. 02cv10890-NG (D.Mass.) (497 F.Supp.2d 143) (July 26, 2007) (Judge Nancy Gertner)

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

Filed under: Malicious Prosecution, Punch And Jurists

Limone v. U.S., No. Civ. 02cv10890-NG (D.Mass.) (497 F.Supp.2d 143) (July 26, 2007) (Judge Nancy Gertner) by In a scathing rebuke of the FBI, Judge Nancy Gertner ordered the Government to pay a record $101.7 million in damages to four men and their families for its role in wrongfully sending …

U.S. v. Paul, No. 06-30506 (9th Cir.) (239 Fed. Appx. 353) (August 17, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Rita v. U.S.

U.S. v. Paul, No. 06-30506 (9th Cir.) (239 Fed. Appx. 353) (August 17, 2007) (Per Curiam) by U.S. v. Gammicchia, 498 F.3d 467 (7th Cir. Aug. 9, 2007) (Judge Posner) U.S. v. Paul, 239 Fed. Appx. 353 (9th Cir. Aug. 17, 2007) (Per Curiam) (unpublished) It is, by now, well …

U.S. v. Triumph Capital Group, Inc., No. 05-2630-cr (2nd Cir.) (487 F.3d 124) (May 25, 2007) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, During Recesses

U.S. v. Triumph Capital Group, Inc., No. 05-2630-cr (2nd Cir.) (487 F.3d 124) (May 25, 2007) (Judge Guido Calabresi) by For a commentary on this decision, see "2nd Circuit Clarifies Right of Testifying Defendant to Consult Lawyer," by Mark Hamblett, as published in the New York Law Journal, May 31, …

U.S. v. Arnold, No. 04-5384 (6th Cir.) (486 F.3d 177) (May 18, 2007) (Judge Jeffrey S. Sutton)

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

Filed under: Punch And Jurists, 911 Calls

U.S. v. Arnold, No. 04-5384 (6th Cir.) (486 F.3d 177) (May 18, 2007) (Judge Jeffrey S. Sutton) by In U.S. v. Arnold, 434 F.3d 396 (6th Cir. Nov. 23, 2005) (“Arnold I”) (P&J, 07/25/05), the Sixth Circuit held that a tape recording of a complainant’s 911 call was not admissible …

In Re: Grand Jury, No. 06-3078 (D.C. Cir.) (490 F.3d 978) (June 22, 2007) (Per Curiam)

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

Filed under: Transcripts, Punch And Jurists

In Re: Grand Jury, No. 06-3078 (D.C. Cir.) (490 F.3d 978) (June 22, 2007) (Per Curiam) by This in an important decision regarding the secrecy of grand jury proceedings. As everyone knows, defense attorneys are barred from grand jury proceedings; and grand jurors are instructed not to discuss the investigation. …

U.S. v. Aukai, No. 04-10226 (9th Cir.) (497 F.3d 955) (August 10, 2007) (Judge Carlos T. Bea)

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

Filed under: Punch And Jurists, Searches - Administrative

U.S. v. Aukai, No. 04-10226 (9th Cir.) (497 F.3d 955) (August 10, 2007) (Judge Carlos T. Bea) by The defendant in this case, Daniel Aukai, showed up at the Honolulu International Airport without any identification. He passed through the metal detector without triggering any alarm, but he was automatically subject …