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A.C.L.U. v. Gonzales, No. 98-5591 (E.D.Pa.) (478 F.Supp.2d 775) (March 22, 2007) (Judge Lowell A. Jr. Reed)
Article • February 1, 2007 • from P&J February, 2007
Filed under: Punch And Jurists, Child Online Protection Act (COPA)
A.C.L.U. v. Gonzales, No. 98-5591 (E.D.Pa.) (478 F.Supp.2d 775) (March 22, 2007) (Judge Lowell A. Jr. Reed) by Here the Court held that the Child Online Protection Act ("COPA"), 47 U.S.C. § 231, facially violates the First and Fifth Amendments of the Constitution and permanently enjoined the Attorney General from …
U.S. v. Rylander, No. 81-1120 (U.S. Supreme Court) (460 U.S. 752; 103 S.Ct. 1548) (April 19, 1983) (Justice Rehnquist)
Article • January 31, 2007
Filed under: Punch And Jurists, Civil Contempt
U.S. v. Rylander, No. 81-1120 (U.S. Supreme Court) (460 U.S. 752; 103 S.Ct. 1548) (April 19, 1983) (Justice Rehnquist) by Petitioner United States challenged a judgment of the U.S. Court of Appeals for the Ninth Circuit, which held that respondent, the owner of two businesses, could not be held in …
Zant v. Stephens, No. 81-89 (U.S. Supreme Court) (462 U.S. 862; 103 S.Ct. 2733) (June 22, 1983) (Justice Stevens)
Article • January 19, 2007
Filed under: Punch And Jurists
Zant v. Stephens, No. 81-89 (U.S. Supreme Court) (462 U.S. 862; 103 S.Ct. 2733) (June 22, 1983) (Justice Stevens) by In this case, the Court further explicated the role of aggravated factors in death penalty sentencing that it had previously discussed in Furman v. Georgia, 408 U.S. 238 (1972), Gregg …
Lowenfield v. Phelps, No. 86-6867 (U.S. Supreme Court) (484 U.S. 231; 108 S.Ct. 546) (January 13, 1988) (Justice Rehnquist)
Article • January 19, 2007
Filed under: Punch And Jurists
Lowenfield v. Phelps, No. 86-6867 (U.S. Supreme Court) (484 U.S. 231; 108 S.Ct. 546) (January 13, 1988) (Justice Rehnquist) by In this case the Court considered the constitutionality of an Allen charge given during jury deliberations in the penalty phase of a capital case. Here, during the second day of …
Lowenfield v. Phelps, No. 86-6867 (U.S. Supreme Court) (484 U.S. 231; 108 S.Ct. 546) (January 13, 1988) (Justice Rehnquist)
Article • January 19, 2007
Filed under: Punch And Jurists
Lowenfield v. Phelps, No. 86-6867 (U.S. Supreme Court) (484 U.S. 231; 108 S.Ct. 546) (January 13, 1988) (Justice Rehnquist) by Here the Court summarized the Eighth Amendment's "narrowing requirement," which holds that a state sentencing scheme must "genuinely narrow the class of persons eligible for the death penalty". Here the …
Kastigar v. U.S., No. 70-117 (U.S. Supreme Court) (406 U.S. 441; 92 S.Ct. 1653) (May 22, 1972) (Justice Powell)
Article • January 17, 2007
Filed under: Punch And Jurists, Immunized Testimony
Kastigar v. U.S., No. 70-117 (U.S. Supreme Court) (406 U.S. 441; 92 S.Ct. 1653) (May 22, 1972) (Justice Powell) by Here the Court upheld the constitutionality of the Federal use immunity statute, 18 USC § 6002-03, and also established the right to a "Kastigar hearing" when challenges are made to …
Waller v. Georgia, No. 83-321 (U.S. Supreme Court) (467 U.S. 39; 104 S.Ct. 2210) (May 21, 1984) (Justice Powell)
Article • January 14, 2007
Filed under: Punch And Jurists, Structural Error
Waller v. Georgia, No. 83-321 (U.S. Supreme Court) (467 U.S. 39; 104 S.Ct. 2210) (May 21, 1984) (Justice Powell) by This is the Supreme Court's seminal case on courtroom closures, where it held that the Sixth Amendment guaranteed of public trials means that the closure of criminal proceedings to the …
Parr v. U.S., No. 391 (U.S. Supreme Court) (363 U.S. 370; 80 S.Ct. 1171) (June 13, 2060) (Justice Whittaker)
Article • January 13, 2007
Filed under: Punch And Jurists, Legally Compelled Mailing
Parr v. U.S., No. 391 (U.S. Supreme Court) (363 U.S. 370; 80 S.Ct. 1171) (June 13, 2060) (Justice Whittaker) by In this case, the Court found no violation of the mail-fraud statute based upon the "legally compelled mailing" doctrine. Here the alleged scheme was the misappropriation of school-district funds for …
Michelson v. U.S., No. 23 (U.S. Supreme Court) (335 U.S. 469; 69 S.Ct. 213) (December 20, 2048) (Justice Jackson)
Article • January 12, 2007
Filed under: Punch And Jurists, Character/Reputation/Propensity
Michelson v. U.S., No. 23 (U.S. Supreme Court) (335 U.S. 469; 69 S.Ct. 213) (December 20, 2048) (Justice Jackson) by The defendant in this case was convicted of bribing a federal revenue agent. At trial on cross-examination of his character witnesses, the prosecutor asked the witnesses if they had ever …
U.S. v. Belevin-Ramales, No. Crim. No. 06-20 (E.D.Ky.) (458 F.Supp.2d 409) (October 18, 2006) (Judge Karen K. Caldwell)
Article • January 1, 2007 • from P&J January, 2007
Filed under: Punch And Jurists, Elements of Offense
U.S. v. Belevin-Ramales, No. Crim. No. 06-20 (E.D.Ky.) (458 F.Supp.2d 409) (October 18, 2006) (Judge Karen K. Caldwell) by This is an interesting decision regarding the Government’s burden of proof in a prosecution against a defendant for harboring an alien - an issue that could become vastly more important as …
U.S. v. Novak, No. 04-55838 (9th Cir.) (476 F.3d 1041) (February 22, 2007) (Judge Marsha L. Berzon)
Article • January 1, 2007 • from P&J January, 2007
Filed under: Punch And Jurists, Liens, Garnishments, Etc.
U.S. v. Novak, No. 04-55838 (9th Cir.) (476 F.3d 1041) (February 22, 2007) (Judge Marsha L. Berzon) by In 2006, a panel of the Ninth Circuit faced a question of first impression among the circuits: does the Mandatory Victims Restitution Act of 1996 (MVRA) allow the government to seize a …
Whorton v. Bockting, No. 05-595 (U.S. Supreme Court) (549 U.S. 406; 127 S.Ct. 1173) (February 28, 2007) (Justice Alito)
Article • January 1, 2007 • from P&J January, 2007
Filed under: Punch And Jurists
Whorton v. Bockting, No. 05-595 (U.S. Supreme Court) (549 U.S. 406; 127 S.Ct. 1173) (February 28, 2007) (Justice Alito) by The question before the Court in this case was whether, under the framework established in Teague v. Lane, 489 U.S. 288 (1989), its decision in Crawford v. Washington, 541 U.S. …
Schiller v. The City of New York, No. 04 Civ. 7922 (KMK) (JCF) (S.D.N.Y.) (2007 U.S. Dist. LEXIS 16935) (March 12, 2007) (Judge Magistrate)
Article • January 1, 2007 • from P&J January, 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 16935) (March 12, 2007) (Judge Magistrate) by A couple of recent events raise troubling questions about whether the police state has finally and irrevocably arrived in America. Both events send a strong …
U.S. v. Scala, No. 04 Crim. 0070 (LAK) (S.D.N.Y.) (439 F.Supp.2d 278) (June 13, 2006) (Judge Lewis A. Kaplan)
Article • January 1, 2007 • from P&J January, 2007
Filed under: Punch And Jurists, Daubert Standards
U.S. v. Scala, No. 04 Crim. 0070 (LAK) (S.D.N.Y.) (439 F.Supp.2d 278) (June 13, 2006) (Judge Lewis A. Kaplan) by In this case, the Government served a subpoena on defense counsel, seeking the production of records relating to the source and amounts of payments for “legal, investigative and other fees …
Boumediene v. Bush, No. 05-5062 (D.C. Cir.) (476 F.3d 981) (February 20, 2007) (Judge A. Raymond Randolph)
Article • January 1, 2007 • from P&J January, 2007
Filed under: Punch And Jurists, Removal of Habeas Jurisdiction
Boumediene v. Bush, No. 05-5062 (D.C. Cir.) (476 F.3d 981) (February 20, 2007) (Judge A. Raymond Randolph) by In this decision, a divided panel from the D.C. Circuit held that Congress stripped the Federal courts of jurisdiction to hear any habeas challenges from the hundreds of foreign nationals being held …
U.S. v. Libby, No. Crim. No. 05-394 (RBW) (D.D.C.) (461 F.Supp.2d 3) (November 2, 2006) (Judge Reggie B. Walton)
Article • January 1, 2007 • from P&J January, 2007
Filed under: Punch And Jurists, Faulty Memory Defense
U.S. v. Libby, No. Crim. No. 05-394 (RBW) (D.D.C.) (461 F.Supp.2d 3) (November 2, 2006) (Judge Reggie B. Walton) by In this decision, District Judge Reggie Walton rejected the motion of I. Lewis “Scooter” Libby to permit the expert testimony of Dr. Robert J. Bjork in support of his faulty …
Wallace v. Kato, No. 05-1240 (U.S. Supreme Court) (549 U.S. 384; 127 S.Ct. 1091) (February 21, 2007) (Justice Scalia)
Article • January 1, 2007 • from P&J January, 2007
Filed under: False Arrest, Punch And Jurists
Wallace v. Kato, No. 05-1240 (U.S. Supreme Court) (549 U.S. 384; 127 S.Ct. 1091) (February 21, 2007) (Justice Scalia) by In this case, the Supreme Court addressed what appears to be a very straightforward question - namely does a false arrest statute of limitations begin to run at the time …
Handschu v. Special Services Division, No. 71 Civ. 2203 (CSH) (S.D.N.Y.) (475 F.Supp.2d 331) (February 15, 2007) (Judge Charles S. Jr. Haight)
Article • January 1, 2007 • from P&J January, 2007
Filed under: Punch And Jurists, Consent Decrees - Generally
Handschu v. Special Services Division, No. 71 Civ. 2203 (CSH) (S.D.N.Y.) (475 F.Supp.2d 331) (February 15, 2007) (Judge Charles S. Jr. Haight) by Here the Court held that a post-9/11 amendment to the Handschu Guidelines had been violated by the police when they used its authority to videotape two innocuous …
U.S. v. Medley, No. 05-2383 (10th Cir.) (476 F.3d 835) (February 9, 2007) (Judge Harris L. Hartz)
Article • January 1, 2007 • from P&J January, 2007
Filed under: Punch And Jurists, Remands
U.S. v. Medley, No. 05-2383 (10th Cir.) (476 F.3d 835) (February 9, 2007) (Judge Harris L. Hartz) by This decision should serve as a warning for defendants who want to appeal their sentences. The defendant, Pamela Medley, was convicted for defrauding the government of funds intended for fire victims. Her …
Alizoti v. Gonzales, No. 05-4493 (6th Cir.) (477 F.3d 478) (February 26, 2007) (Judge John G. II Heyburn)
Article • January 1, 2007 • from P&J January, 2007
Filed under: Punch And Jurists, Asylum
Alizoti v. Gonzales, No. 05-4493 (6th Cir.) (477 F.3d 478) (February 26, 2007) (Judge John G. II Heyburn) by Immigration Courts Under Attack - We have seen a lot of cases of late in which the Circuit Courts have expressed great dismay and concern about the growing chaos and lack …
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