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Los Angeles County v. Rettele, No. 06-605 (U.S. Supreme Court) (550 U.S. 609; 127 S.Ct. 1989) (May 21, 2007) (Per Curiam)

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

Filed under: Police Misconduct, Punch And Jurists

Los Angeles County v. Rettele, No. 06-605 (U.S. Supreme Court) (550 U.S. 609; 127 S.Ct. 1989) (May 21, 2007) (Per Curiam) by The police did not violate the 4th Amendment rights of a white couple by rousting them from bed and forcing them to stand naked until they realized that …

Joshua v. Adams, No. 05-55437 (9th Cir.) (2007 U.S. App. LEXIS 10757) (May 2, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Joshua v. Adams, No. 05-55437 (9th Cir.) (2007 U.S. App. LEXIS 10757) (May 2, 2007) (Per Curiam) by Here the court upheld a mentally ill man's three-strikes sentence of 25 years to life Wednesday for shoplifting two bottles of liquor from a Southern California market, a sentence that a dissenting …

U.S. v. Knellinger, No. 3:06cr126 (E.D.Va.) (471 F.Supp.2d 640) (January 25, 2007) (Judge Robert E. Payne)

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

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

U.S. v. Knellinger, No. 3:06cr126 (E.D.Va.) (471 F.Supp.2d 640) (January 25, 2007) (Judge Robert E. Payne) 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 fanfare, …

U.S. v. McGowan, No. 06-1546 (7th Cir.) (478 F.3d 800) (February 28, 2007) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Insufficient Evidence

U.S. v. McGowan, No. 06-1546 (7th Cir.) (478 F.3d 800) (February 28, 2007) (Judge Terrence T. Evans) by Defendant was convicted by a jury in the United States District Court for the Northern District of Illinois, Eastern Division, of distributing cocaine, arising from two controlled-buy sales made to a government …

Schriro v. Landrigan, No. 05-1575 (U.S. Supreme Court) (550 U.S. 465; 127 S.Ct. 1933) (May 14, 2007) (Justice Thomas)

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

Filed under: Punch And Jurists

Schriro v. Landrigan, No. 05-1575 (U.S. Supreme Court) (550 U.S. 465; 127 S.Ct. 1933) (May 14, 2007) (Justice Thomas) by Jeffrey Landrigan is not the type of person who inspires much sympathy from the courts. In 1982, he was convicted of second degree murder in Oklahoma. While in custody for …

U.S. v. Fort, No. 06-10473 (9th Cir.) (478 F.3d 1099) (March 8, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Police Reports

U.S. v. Fort, No. 06-10473 (9th Cir.) (478 F.3d 1099) (March 8, 2007) (Per Curiam) by

In Re: Troff, No. 05-4244 (10th Cir.) (479 F.3d 1213) (May 9, 2007) (Judge Robert H. Henry)

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

Filed under: Bankruptcy, Punch And Jurists

In Re: Troff, No. 05-4244 (10th Cir.) (479 F.3d 1213) (May 9, 2007) (Judge Robert H. Henry) by Defendant pleaded guilty to arson and was sentenced, inter alia, to pay $ 239,696 of restitution as a condition of his probation. Upon completion of probation, defendant's restitution obligation was converted to …

Mink v. Suthers, No. 04-1496 (10th Cir.) (482 F.3d 1244) (April 16, 2007) (Judge Timothy M. Tymkovich)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Mink v. Suthers, No. 04-1496 (10th Cir.) (482 F.3d 1244) (April 16, 2007) (Judge Timothy M. Tymkovich) by DOD Prosecutorial immunity is a major issue these days, as commentators wonder whether Durham District Attorney Mike Nifong will face civil liability for his role in the botched Duke lacrosse prosecutions. Although …

Powers v. Snyder, No. 04-1961 (7th Cir.) (484 F.3d 929) (May 3, 2007) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Prison Conditions

Powers v. Snyder, No. 04-1961 (7th Cir.) (484 F.3d 929) (May 3, 2007) (Judge Richard A. Posner) by In this decision, a panel from the Seventh Circuit held that requiring a state prisoner to be inoculated against hepatitis is not cruel and unusual punishment, but exposing the prisoner to cigarette …

Humanitarian Law Project v. U.S. Dept. of Treasury, No. CV 05-8047 ABC (C.D.Cal.) (484 F.Supp.2d 1099) (April 20, 2007) (Judge Audrey B. Collins)

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

Filed under: Punch And Jurists, Material Support Ban

Humanitarian Law Project v. U.S. Dept. of Treasury, No. CV 05-8047 ABC (C.D.Cal.) (484 F.Supp.2d 1099) (April 20, 2007) (Judge Audrey B. Collins) by Late last year, in a highly publicized ruling, Judge Audrey Collins held that Presidential Executive Order No.13224 (“EO 13224”), which President Bush signed on Sept. 23, …

U.S. v. C.M., No. 05-50585 (9th Cir.) (485 F.3d 492) (May 8, 2007) (Judge Wilkie D. Jr. Ferguson)

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

Filed under: Punch And Jurists

U.S. v. C.M., No. 05-50585 (9th Cir.) (485 F.3d 492) (May 8, 2007) (Judge Wilkie D. Jr. Ferguson) by This is a juvenile case, in which the defendant was apprehended for possibly smuggling aliens. He was not taken directly to a magistrate, his request to speak to the Mexican Consulate …

Van Hook v. Anderson, No. 03-4207 (6th Cir.) (488 F.3d 411) (May 24, 2007) (Judge David W. McKeague)

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

Filed under: Punch And Jurists, Edwards v. Arizona Rule

Van Hook v. Anderson, No. 03-4207 (6th Cir.) (488 F.3d 411) (May 24, 2007) (Judge David W. McKeague) by In this decision, the Sixth Circuit, sitting en banc, held by a vote of 8-7 that a criminal suspect in custody who invokes his right to a lawyer can re-initiate discussions …

Owens v. U.S., No. 05-1784 (1st Cir.) (483 F.3d 48) (April 12, 2007) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Closure of Courtroom

Owens v. U.S., No. 05-1784 (1st Cir.) (483 F.3d 48) (April 12, 2007) (Judge Juan R. Torruella) by Petitioner federal inmate filed a petition for a writ of habeas corpus, challenging his convictions on charges of murder, racketeering, assault, and drug trafficking. The United States District Court for the District …

U.S. v. Sampson, No. 04-6001 (1st Cir.) (486 F.3d 13) (May 7, 2007) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Sampson, No. 04-6001 (1st Cir.) (486 F.3d 13) (May 7, 2007) (Judge Bruce M. Selya) by Here the Court rejected a series of constitutional challenges to the Federal Death Penalty Act (18 U.S.C. § 3591 et seq.); and, for the first time in its history, approved the imposition …

Sosa v. Alvarez-Machain, No. 03-485 (U.S. Supreme Court) (542 U.S. 692; 124 S.Ct. 2739) (June 29, 2004) (Justice Souter)

Article • March 30, 2007 • from P&J June, 2004

Filed under: Punch And Jurists, Alien Tort Statute

Sosa v. Alvarez-Machain, No. 03-485 (U.S. Supreme Court) (542 U.S. 692; 124 S.Ct. 2739) (June 29, 2004) (Justice Souter) by This case is an outgrowth of the long battle by Dr. Humberto Alvarez-Machain (Alvarez) to achieve justice for his kidnapping from Mexico by the DEA in 1990. The details of …

Reno v. A.C.L.U., No. 96-511 (U.S. Supreme Court) (521 U.S. 844; 117 S.Ct. 2329) (June 26, 1997) (Justice Stevens)

Article • March 23, 2007

Filed under: Punch And Jurists

Reno v. A.C.L.U., No. 96-511 (U.S. Supreme Court) (521 U.S. 844; 117 S.Ct. 2329) (June 26, 1997) (Justice Stevens) by This case dealt with the constitutionality of two provisions of the Communications Decency Act of 1996 (the CDA), namely 47 U.S.C. § 223(a) (which prohibited the knowing transmission over the …

Ashcroft v. A.C.L.U., No. 03-218 (U.S. Supreme Court) (542 U.S. 656; 124 S.Ct. 2783) (June 29, 2004) (Justice Kennedy)

Article • March 23, 2007

Filed under: Punch And Jurists, Child Online Protection Act (COPA)

Ashcroft v. A.C.L.U., No. 03-218 (U.S. Supreme Court) (542 U.S. 656; 124 S.Ct. 2783) (June 29, 2004) (Justice Kennedy) by For the second time in two years (and the third time since 1997), the Supreme Court has refused, on First Amendment grounds, to approve a Congressional effort to restrict minors’ …

U.S. v. Mansoori, No. 04-1950 (7th Cir.) (480 F.3d 514) (March 13, 2007) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists

U.S. v. Mansoori, No. 04-1950 (7th Cir.) (480 F.3d 514) (March 13, 2007) (Judge Ilana Diamond Rovner) by Here the Court held that a sentence imposed in violation of Apprendi v. New Jersey (which requires a jury determination of facts that increase a sentence beyond the statutory maximum) will nonetheless …

Boumediene v. Bush, No. 06-1195 (U.S. Supreme Court) (549 U.S. 1328; 127 S.Ct. 1478) (April 2, 2007) (Per Curiam)

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

Filed under: Punch And Jurists

Boumediene v. Bush, No. 06-1195 (U.S. Supreme Court) (549 U.S. 1328; 127 S.Ct. 1478) (April 2, 2007) (Per Curiam) by Boumediene v. Bush, 549 U.S. 1328, 127 S.Ct. 1378 (Apr. 2, 2007) (Per Curiam) (No. 06-1195) and Al Odah v. U.S., (No. 06-1196) (U.S. Sup. Ct. Apr. 2, 2007) (Per …

James v. U.S., No. 05-9264 (U.S. Supreme Court) (550 U.S. 192; 127 S.Ct. 1586) (April 18, 2007) (Justice Alito)

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

Filed under: Punch And Jurists

James v. U.S., No. 05-9264 (U.S. Supreme Court) (550 U.S. 192; 127 S.Ct. 1586) (April 18, 2007) (Justice Alito) by This is another one of those esoteric, statutory definition cases for which the Supreme Court is becoming renowned that presented the question of whether attempted burglary, as defined by Florida …