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Article • May 1, 1996 • from P&J May, 1996
Artway v. Attorney General of State of N.J., No. 95-5195 (3rd Cir.) (81 F.3d 1235) (April 12, 1996) (Judge Edward R. Becker) by In 1992, Alexander Artway was released from prison after serving seventeen years for a sex offense. He settled in New Jersey, secured employment and got married. In …
Article • May 1, 1996 • from P&J May, 1996
U.S. v. Mauro, No. 95-1025 (2nd Cir.) (80 F.3d 73) (April 2, 1996) (Judge J. Edward Lumbard) by Here the Court concluded that "the terrorist activities of the organization threatens the security of United States nationals or the national security of the United States" prong of 8 U.S.C. § 1189 …
Article • May 1, 1996 • from P&J May, 1996
Artway v. Attorney General of State of N.J., No. 95-5195 (3rd Cir.) (81 F.3d 1235) (April 12, 1996) (Judge Edward R. Becker) by Here the Court concluded that the registration provisions of Megan's Law did not constitute "punishment" under the Ex Post Facto, Bill of Attainder and Double Jeopardy Clauses. …
Article • May 1, 1996 • from P&J May, 1996
Doe v. Pataki, No. 96 Civ. 1657 (DC) (S.D.N.Y.) (919 F.Supp. 691) (March 21, 1996) (Judge Denny Chin) by Case held that the notification provisions of the N.Y. versions of Megan's Law were punishment for purposes of the Ex Post Facto Clause and granted plaintiffs a preliminary injunction.
U.S. v. Parker, No. 95-352 (E.D.Pa.) (911 F.Supp. 830) (October 30, 1995) (Judge Louis C. Bechtle) by Here's yet another case which holds that the Child Recovery Support Act (18 U.S.C. § 228) is unconsti tutional. After engaging in a detailed analysis of the Commerce Clause, Judge Bechtle concludes that …
Article • August 1, 1995
U.S. v. Oliver, No. 93-10770 (9th Cir.) (60 F.3d 547) (July 6, 1995) (Judge Michael Daly Hawkins) by
Article • January 1, 1994
U.S. v. Ogbondah, No. 93-1479, No. 869 (2nd Cir.) (16 F.3d 498) (February 9, 1994) (Judge Ralph K. Jr. Winter) by See also U.S. v. Restrepo, 999 F.2d 640 (2nd Cir. 1993) and U.S. v. Montez-Gaviria, 163 F.3d 697 (2nd Cir. 1998). Case held that district court had discretion to …
Article • January 1, 1994
U.S. v. Gallo, No. 86-CR-452 (E.D.N.Y.) (653 F.Supp. 320) (November 14, 1986) (Judge Jack B. Weinstein) by Case is noted for Judge Weinstein's oft-quoted discussion of the traumatizing effects of lengthy pre-trial incarceration. "The inevitable consequences of pretrial incarceration, particularly when prolonged beyond a short period, are undeniably severe. They …
Article • January 1, 1994
Young v. Weston, No. C94-480C (W.D.Wash.) (898 F.Supp. 744) (August 25, 1995) (Judge John C. Coughenour) by Here, in holding that Washington's version of Megan's Law violated the Due Process Clause, the Ex Post Facto Clause and the Double Jeopardy Clause of the Constitution, Judge Coughenor stated: "At the heart …
Article • January 1, 1994
Thomas v. INS, No. 91-70750 (9th Cir.) (35 F.3d 1332) (September 2, 1994) (Judge Andrew J. Kleinfeld) by
Article • January 1, 1994
U.S. v. Restrepo, No. 92-1631, No. 1065 (2nd Cir.) (999 F.2d 640) (July 23, 1993) (Judge Amalya Lyle Kearse) by Case held that a district court may not grant a downward departure in anticipation of a defendant's possible post-imprisonment, pre-deportation confinement. See also U.S. v. Ogbondah, 16 F.3d 498 (2nd …
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