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Article • March 1, 2007 • from P&J March, 2007
Memije v. Gonzales, No. 06-71282 (9th Cir.) (481 F.3d 1163) (March 26, 2007) (Per Curiam) by Last summer, in Memije v. Gonzales, 187 Fed. Appx. 775 (9th Cir. July 3, 2006) (“Memije I”), a panel from the Ninth Circuit rejected an appeal by two Mexican immigrants, a husband and wide, …
Article • March 1, 2007 • from P&J March, 2007
U.S. v. Padilla, No. 04-600001-CR-COOKE (S.D.Fla.) (2007 U.S. Dist. LEXIS 26077) (April 9, 2007) (Judge Marcia G. Cooke) by In this ruling, Judge Marcia Cooke refused to dismiss the Government’s latest terrorism charges against the embattled Jose Padilla on the grounds that he was tortured during the three and a …
Article • March 1, 2007 • from P&J March, 2007
Filed under: Punch And Jurists
U.S. v. Medina, No. 05-5165 (4th Cir.) (221 Fed.Appx. 231) (March 21, 2007) (Per Curiam) by This unpublished decision is noted for its extended discussion of whether, and, if so, to what degree, a sentencing court may use a criminal defendant’s past military service as a basis for a downward …
Article • February 1, 2007 • from P&J February, 2007
Slagle v. Bagley, No. 04-3490 (6th Cir.) (474 F.3d 923) (February 7, 2007) (Per Curiam) by In Slagle v. Bagley, 457 F.3d 501 (6th Cir. Aug. 6, 2006) (“Slagle I”), a divided panel from the Sixth Circuit declined to grant petitioner Billy Slagle any post-conviction relief from his death sentence, …
Article • February 1, 2007 • from P&J February, 2007
Raich v. Gonzales, No. 03-15481 (9th Cir.) (500 F.3d 850) (March 14, 2007) (Judge Harry Pregerson) by From the Decision of the Day Blog: Raich Update: Ninth Denies Relief in Medical Marijuana Remand March 14th, 2007 Anyone who has been following the medical marijuana movement knows Angel Raich: she has …
Article • February 1, 2007 • from P&J February, 2007
U.S. v. Acosta, No. 05-3598 (7th Cir.) (474 F.3d 999) (February 5, 2007) (Judge Ann Claire Williams) by
Article • February 1, 2007 • from P&J February, 2007
U.S. v. Mendez, No. 05-10205 (9th Cir.) (476 F.3d 1077) (February 23, 2007) (Judge Stephen Reinhardt) by Relying principally on Muehler v. Mena, 544 U.S. 93, 100-01, 161 L. Ed. 2d 299 (2005), the same judges who wrote the panel's earlier decision in this case, reported at 467 F.3d 1162 …
Article • February 1, 2007 • from P&J February, 2007
Filed under: Punch And Jurists
U.S. v. Frabizio, No. 03-10283-NG (D.Mass.) (463 F.Supp.2d 111) (November 22, 2006) (Judge Nancy Gertner) by On the Government's motion for reconsideration and clarification of her earlier decision reported at 445 F.Supp.2d 152, Judge Gertner issued this Memorandum and Order, granting in part and denying in part the Government's motion.
Article • February 1, 2007 • from P&J February, 2007
Richardson v. U.S., No. Civ. No. 06-10993-WGY (D.Mass.) (477 F.Supp.2d 392) (March 19, 2007) (Judge William G. Young) by
Article • February 1, 2007 • from P&J February, 2007
U.S. v. Coloian, No. 06-1357 (1st Cir.) (480 F.3d 47) (March 20, 2007) (Judge Juan R. Torruella) by
Article • February 1, 2007 • from P&J February, 2007
U.S. v. Seymour, No. 06-2306 (7th Cir.) (472 F.3d 969) (January 8, 2007) (Judge Richard A. Posner) by
Article • February 1, 2007 • from P&J February, 2007
U.S. v. Williams, No. 6:04-cr-111 (M.D.Fla.) (481 F.Supp.2d 1298) (March 1, 2007) (Judge Gregory A. Presnell) by
Article • February 1, 2007 • from P&J February, 2007
McKithen v. Brown, No. 03-0168-pr (2nd Cir.) (481 F.3d 89) (March 13, 2007) (Judge Guido Calabresi) by The central issue before the Court in this case was “whether there exists a right, grounded in the Due Process Clause of the Fifth and Fourteenth Amendments to the federal Constitution, to post-conviction …
Article • February 1, 2007 • from P&J February, 2007
Irons v. Carey, No. 05-15275 (9th Cir.) (479 F.3d 658) (March 6, 2007) (Judge Stephen Reinhardt) by While neither the facts nor the outcome of his habeas case are particularly significant, its history and its undercurrents are fascinating. Nearly two years ago, in an order published at 408 F.3d 1165 …
Article • February 1, 2007 • from P&J February, 2007
Filed under: Punch And Jurists
Parker v. District of Columbia, No. 04-7041 (D.C. Cir.) (478 F.3d 370) (March 9, 2007) (Judge Laurence H. Silberman) by Here a divided court struck down as unconstitutional various provisions of the gun control laws in the District of Columbia based on its holding that the Second Amendment confers a …
Article • February 1, 2007 • from P&J February, 2007
U.S. v. Crapser, No. 05-30456 (9th Cir.) (472 F.3d 1141) (January 10, 2007) (Judge Susan P. Graber) by Admirers of one of the greatest Fourth Amendment champions still on the bench will be interested in this Ninth Circuit decision, which affirms a defendant’s conviction for being a felon in possession …
Article • February 1, 2007 • from P&J February, 2007
El-Masri v. U.S., No. 06-1667 (4th Cir.) (479 F.3d 296) (March 2, 2007) (Judge Robert Bruce King) by Khaled El-Masri, the plaintiff in this case, is a German citizen who was detained while traveling in Macedonia and eventually handed over to the CIA, which flew him to Afghanistan and interrogated …
Article • February 1, 2007 • from P&J February, 2007
Filed under: Punch And Jurists
U.S. v. Henry, No. 04-3076 (D.C. Cir.) (472 F.3d 910) (January 12, 2007) (Per Curiam) by The Booker issue in this case concerned whether the defendants, who were sentenced to life imprisonment by applying the Guidelines in a mandatory fashion, were entitled to a Booker resentencing. The Government argued that …
Article • February 1, 2007 • from P&J February, 2007
U.S. v. Kelley, No. 05-10547 (9th Cir.) (478 F.3d 1068) (March 1, 2007) (Judge Pamela Ann Rymer) by This is an interesting Fourth Amendment decision about whether law enforcement officials can establish probable cause sufficient to justify a search warrant based solely on the fact that a suspect has received …
Article • February 1, 2007 • from P&J February, 2007
U.S. v. Lyons, No. 04-50082 (9th Cir.) (472 F.3d 1055) (January 11, 2007) (Judge M. Margaret McKeown) by Defendants sought review of a judgment from the United States District Court for the Central District of California, which convicted them upon a jury verdict of mail fraud in violation of 18 …
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