Search | Punch and Jurists

U.S. v. Alverez-Tejeda, No. 06-30289 (9th Cir.) (491 F.3d 1013) (June 8, 2007) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Government Deception and Trickery

U.S. v. Alverez-Tejeda, No. 06-30289 (9th Cir.) (491 F.3d 1013) (June 8, 2007) (Judge Alex Kozinski) by In this case, the DEA pushed the concepts of deception, trickery and chicanery to their finite extremes - and then some. Judge Kozinski described how the DEA orchestrated its elaborate ruse with these …

U.S. v. Grimaldi, No. 3:01cr131 (JBA) (D.Conn.) (482 F.Supp.2d 248) (April 5, 2007) (Judge Janet Bond Arterton)

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

Filed under: Punch And Jurists, Early Release

U.S. v. Grimaldi, No. 3:01cr131 (JBA) (D.Conn.) (482 F.Supp.2d 248) (April 5, 2007) (Judge Janet Bond Arterton) by

Handschu v. Special Services Division, No. 71 Civ. 2203 (CSH) (S.D.N.Y.) (2007 U.S. Dist. LEXIS 43176) (June 13, 2007) (Judge Charles S. Jr. Haight)

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

Filed under: Punch And Jurists, Consent Decrees - Generally

Handschu v. Special Services Division, No. 71 Civ. 2203 (CSH) (S.D.N.Y.) (2007 U.S. Dist. LEXIS 43176) (June 13, 2007) (Judge Charles S. Jr. Haight) by For a summary of this ruling, see "In Shift, Judge Eases Limits on Surveillance By the Police," by Alan Feuer, The New York Times, June …

Fry v. Pliler, No. 06-5247 (U.S. Supreme Court) (551 U.S. 112; 127 S.Ct. 2321) (June 11, 2007) (Justice Scalia)

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

Filed under: Punch And Jurists, Substantial and Injurious Effect

Fry v. Pliler, No. 06-5247 (U.S. Supreme Court) (551 U.S. 112; 127 S.Ct. 2321) (June 11, 2007) (Justice Scalia) by The Supreme Court granted certiorari in this case to resolve a single question: namely, in habeas proceedings under 28 U.S.C. § 2254, must a federal court assess the prejudicial impact …

U.S. v. Marcus, No. 05-CR-457 (ARR) (E.D.N.Y.) (487 F.Supp.2d 289) (May 17, 2007) (Judge Allyne R. Ross)

Article • May 1, 2007 • from P&J February, 2006

Filed under: Punch And Jurists

U.S. v. Marcus, No. 05-CR-457 (ARR) (E.D.N.Y.) (487 F.Supp.2d 289) (May 17, 2007) (Judge Allyne R. Ross) by

U.S. v. Curtin, No. 04-10632 (9th Cir.) (489 F.3d 935) (May 24, 2007) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Sex Crimes

U.S. v. Curtin, No. 04-10632 (9th Cir.) (489 F.3d 935) (May 24, 2007) (Judge Stephen S. Trott) by In U.S. v. Curtain, 443 F.3d 1084 (9th Cir. Apr. 4, 2006) (P&J, 03/06/06), a divided Ninth Circuit panel issued a fascinating decision that reversed a child sex predator’s conviction because the …

U.S. v. Baker, No. 06-3115 (D.C. Cir.) (489 F.3d 366) (June 5, 2007) (Judge Janice Rogers Brown)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Baker, No. 06-3115 (D.C. Cir.) (489 F.3d 366) (June 5, 2007) (Judge Janice Rogers Brown) by Sentence based on guilty plea to fraud and related offenses is vacated where the court impermissibly and prejudicially participated in plea negotiations with defendant.

U.S. v. Washington, No. 06-30386 (9th Cir.) (490 F.3d 765) (June 19, 2007) (Judge Ronald M. Gould)

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

Filed under: Punch And Jurists, Voluntariness

U.S. v. Washington, No. 06-30386 (9th Cir.) (490 F.3d 765) (June 19, 2007) (Judge Ronald M. Gould) by This decision contains an exhaustive review of the many factors that generally determine whether or not an investigative stop is lawful under the parameters of Terry v. Ohio, 392 U.S. 1 (1968). …

Panetti v. Quarterman, No. 06-6407 (U.S. Supreme Court) (551 U.S. 930; 127 S.Ct. 2842) (June 28, 2007) (Justice Kennedy)

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

Filed under: Punch And Jurists, Rational Understanding

Panetti v. Quarterman, No. 06-6407 (U.S. Supreme Court) (551 U.S. 930; 127 S.Ct. 2842) (June 28, 2007) (Justice Kennedy) by This case represents the tenth time that the Supreme Court has ruled on a capital case during its October 2006 Term; and, in each of those decisions, the Court split …

Al-Marri v. Wright, No. 06-7427 (4th Cir.) (487 F.3d 160) (June 11, 2007) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Enemy Combatant Designation

Al-Marri v. Wright, No. 06-7427 (4th Cir.) (487 F.3d 160) (June 11, 2007) (Judge Diana Gribbon Motz) by Ali Saleh Kahlah al-Marri has been held in solitary confinement in a U.S. Navy brig in Charleston, S.C., since June 2003. The Qatar native has been detained since his December 2001 arrest …

Neder v. U.S., No. 97-1985 (U.S. Supreme Court) (527 U.S. 1; 119 S.Ct. 1827) (June 10, 1999) (Justice Rehnquist)

Article • April 28, 2007 • from P&J May, 1999

Filed under: Punch And Jurists, Plain Error

Neder v. U.S., No. 97-1985 (U.S. Supreme Court) (527 U.S. 1; 119 S.Ct. 1827) (June 10, 1999) (Justice Rehnquist) by While the Court agreed that in financial fraud crimes (tax, wire, mail and bank fraud) the issue of materiality is an element of the crime that must be submitted to …

Michigan v. Summers, No. 79-1794 (U.S. Supreme Court) (452 U.S. 692; 101 S.Ct. 2587) (June 22, 1981) (Justice Stevens)

Article • April 10, 2007

Filed under: Punch And Jurists, Probable/Proximate Cause

Michigan v. Summers, No. 79-1794 (U.S. Supreme Court) (452 U.S. 692; 101 S.Ct. 2587) (June 22, 1981) (Justice Stevens) by In this case, the Detroit police obtained a warrant to search a house for narcotics. Just as they arrived, they encountered Summers descending the front steps. In an action the …

Scott v. Harris, No. 05-1631 (U.S. Supreme Court) (550 U.S. 372; 127 S.Ct. 1769) (April 30, 2007) (Justice Scalia)

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

Filed under: Punch And Jurists

Scott v. Harris, No. 05-1631 (U.S. Supreme Court) (550 U.S. 372; 127 S.Ct. 1769) (April 30, 2007) (Justice Scalia) by In this case, the Supreme Court ruled, by an 8 to 1 vote, that the police did not act unconstitutionally when they try to stop a suspect fleeing at high …

U.S. v. Meyer, No. 06-2961 (8th Cir.) (483 F.3d 865) (April 25, 2007) (Justice O'Connor)

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

Filed under: Punch And Jurists, Sweat Patch Test

U.S. v. Meyer, No. 06-2961 (8th Cir.) (483 F.3d 865) (April 25, 2007) (Justice O'Connor) by Retired U.S. Supreme Court Justice Sandra Day O’Connor continues to move about the country, sitting on various appellate panels and adding her experience and prestige to the ruling made by those panels. In the …

U.S. v. West, No. 06-10281 (D.Mass.) (552 F.Supp.2d 74) (May 7, 2008) (Judge William G. Young)

Article • April 1, 2007 • from P&J April, 2008

Filed under: Punch And Jurists

U.S. v. West, No. 06-10281 (D.Mass.) (552 F.Supp.2d 74) (May 7, 2008) (Judge William G. Young) by With his usual sagacity, Judge Young set forth, in this Sentencing Memorandum, his rationale for imposing a sentence of 180 months in a drug case (after the Government had requested a sentence of …

Sanchez v. County of San Diego, No. 04-55122 (9th Cir.) (483 F.3d 965) (April 16, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Warrantless Searches

Sanchez v. County of San Diego, No. 04-55122 (9th Cir.) (483 F.3d 965) (April 16, 2007) (Per Curiam) by From the Decision of the Day Blog: Another week, another Ninth Circuit denial of en banc review in a case that scales back the Fourth Amendment. Back in September, I blogged …

U.S. v. Norris, No. 04-2073 (8th Cir.) (486 F.3d 1045) (April 23, 2007) (Judge Raymond W. Gruender)

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

Filed under: Punch And Jurists, Acceptance/Rejection by the Court

U.S. v. Norris, No. 04-2073 (8th Cir.) (486 F.3d 1045) (April 23, 2007) (Judge Raymond W. Gruender) by In U.S. v. Norris, 439 F.3d 916 (8th Cir. Mar. 10, 2006) (“Norris I”), a panel from the Eighth Circuit unanimously held that defendant Jamal Norris was entitled to specific performance of …

U.S. v. O'Rourke, No. CR 05-1126-PHX-DGC (D.Ariz.) (470 F.Supp.2d 1049) (January 17, 2007) (Judge David G.. Campbell)

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

Filed under: Punch And Jurists, Restrictions on Access to Evidence

U.S. v. O'Rourke, No. CR 05-1126-PHX-DGC (D.Ariz.) (470 F.Supp.2d 1049) (January 17, 2007) (Judge David G.. Campbell) by U.S. v. O’Rourke, 470 F.Supp.2d 1049 (D.Ariz. Jan. 17, 2007) (Judge Campbell) U.S. v. Knellinger, 471 F.Supp.2d 640 (E.D.Va. Jan. 25, 2007) (Judge Payne) 18 U.S.C. § 3509(m) - Generally With great …

U.S. v. Brika, No. 05-4537 (6th Cir.) (487 F.3d 450) (May 23, 2007) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Brika, No. 05-4537 (6th Cir.) (487 F.3d 450) (May 23, 2007) (Judge Danny J. Boggs) by Here the Court rejected a number of constitutional and Booker challenges to a sentence significantly enhanced by the "the district court's consideration of conduct on which a jury could not agree." Among …

Roper v. Weaver, No. 06-313 (U.S. Supreme Court) (550 U.S. 598; 127 S.Ct. 2022) (May 21, 2007) (Per Curiam)

Article • April 1, 2007 • from P&J January, 2004

Filed under: Punch And Jurists

Roper v. Weaver, No. 06-313 (U.S. Supreme Court) (550 U.S. 598; 127 S.Ct. 2022) (May 21, 2007) (Per Curiam) by The Supreme Court granted certiorari in this case to address yet another technical question arising under one of the most contentious provisions of the Anti-Terrorism and Effective Death Penalty Act …