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Bowers v. City of Philadelphia, No. 06-CV-3229 (E.D.Pa.) (2007 U.S. Dist. LEXIS 5804) (January 25, 2007) (Judge R. Barclay Surrick)
Article • January 1, 2007 • from P&J January, 2007
Filed under: Overcrowding, Punch And Jurists
Bowers v. City of Philadelphia, No. 06-CV-3229 (E.D.Pa.) (2007 U.S. Dist. LEXIS 5804) (January 25, 2007) (Judge R. Barclay Surrick) by In an important and scathing 76-page ruling, District Judge R. Barclay Surrick concluded that Philadelphia's jails are so overcrowded and dangerous that they violate the constitutional rights of inmates. …
U.S. v. Cuellar, No. 05-10065 (5th Cir.) (478 F.3d 282) (February 2, 2007) (Judge W. Eugene Davis)
Article • January 1, 2007 • from P&J January, 2007
Filed under: Punch And Jurists, Drug Dealer Profile
U.S. v. Cuellar, No. 05-10065 (5th Cir.) (478 F.3d 282) (February 2, 2007) (Judge W. Eugene Davis) by The Court also reached a second issue that the panel did not address, involving two separate aspects of expert testimony presented by the Government at trial. Shortly after his arraignment, Cuellar filed …
U.S. v. Germosen, No. 05-CR-10120 (D.Mass.) (473 F.Supp.2d 221) (January 18, 2007) (Judge Nancy Gertner)
Article • January 1, 2007 • from P&J January, 2007
Filed under: Punch And Jurists, Aberrant Behavior
U.S. v. Germosen, No. 05-CR-10120 (D.Mass.) (473 F.Supp.2d 221) (January 18, 2007) (Judge Nancy Gertner) by Here Judge Gertner presented a noteworthy explanation of, and justification for, her use of “aberrant behavior” as a means of granting a sentencing variance to a first time offender in a drug case - …
Ba v. Gonzales, No. 05-5043-ag (2nd Cir.) (2007 U.S. App. LEXIS 3976) (February 21, 2007) (Per Curiam)
Article • January 1, 2007 • from P&J January, 2007
Filed under: Punch And Jurists, Asylum
Ba v. Gonzales, No. 05-5043-ag (2nd Cir.) (2007 U.S. App. LEXIS 3976) (February 21, 2007) (Per Curiam) 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 of …
U.S. v. Gomez-Moreno, No. 05-20921 (5th Cir.) (479 F.3d 250) (February 12, 2007) (Judge E. Grady Jolly)
Article • January 1, 2007 • from P&J January, 2007
Filed under: Punch And Jurists, Manufactured Grounds
U.S. v. Gomez-Moreno, No. 05-20921 (5th Cir.) (479 F.3d 250) (February 12, 2007) (Judge E. Grady Jolly) by This is an interesting decision in which the Fifth Circuit caught the Immigration and Customs Enforcement agency, appropriately referred to as “ICE”, at a game of cooly manufacturing the very exigent circumstances …
Sanchez v. County of San Diego, No. 04-55122 (9th Cir.) (464 F.3d 916) (September 19, 2006) (Judge A. Wallace Tashima)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists, Search and Seizure
Sanchez v. County of San Diego, No. 04-55122 (9th Cir.) (464 F.3d 916) (September 19, 2006) (Judge A. Wallace Tashima) by From the Decision of the Day Blog: In this interesting Fourth Amendment case, a divided Ninth Circuit panel rejects a constitutional challenge to County officials’ policy of conducting a …
U.S. v. Lake, No. 06-3140 (10th Cir.) (472 F.3d 1247) (January 5, 2007) (Judge Harris L. Hartz)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists, Legally Compelled Mailing
U.S. v. Lake, No. 06-3140 (10th Cir.) (472 F.3d 1247) (January 5, 2007) (Judge Harris L. Hartz) by In this decision, a panel from the Tenth Circuit reversed the convictions of David Wittig and Douglas Lake, former executives of Westar, Inc., the largest public utility in Kansas, in what can …
U.S. v. Claiborne, No. 05-2198 (8th Cir.) (439 F.3d 479) (February 27, 2006) (Judge James B. Loken)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists, Crack Cocaine
U.S. v. Claiborne, No. 05-2198 (8th Cir.) (439 F.3d 479) (February 27, 2006) (Judge James B. Loken) by The defendant in this case, Mario Claiborne, pled guilty to two counts of possession and distribution of 5.03 grams of crack cocaine. Since the offense to which he pled guilty exceeded - …
Cunningham v. California, No. 05-6551 (U.S. Supreme Court) (549 U.S. 270; 127 S.Ct. 856) (January 22, 2007) (Justice Ginsburg)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists
Cunningham v. California, No. 05-6551 (U.S. Supreme Court) (549 U.S. 270; 127 S.Ct. 856) (January 22, 2007) (Justice Ginsburg) by In its latest attempt to bring some clarity to the confusion it created with its Apprendi/Blakely/Booker line of cases, the Supreme Court held, by a 6-to-3 vote, that California's "determinate …
Burton v. Stewart, No. 05-9222 (U.S. Supreme Court) (549 U.S. 147; 127 S.Ct. 793) (January 9, 2007) (Per Curiam)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists
Burton v. Stewart, No. 05-9222 (U.S. Supreme Court) (549 U.S. 147; 127 S.Ct. 793) (January 9, 2007) (Per Curiam) by Ever since the Supreme Court issued its landmark sentencing decision in Blakely v. Washington, 542 U.S. 296 (2004), one of the burning issues has been whether that decision announced a …
U.S. v. Lizardo, No. 04-1714 (1st Cir.) (445 F.3d 73) (April 26, 2006) (Judge Juan R. Torruella)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists, Sentencing Factors vs. Essential Elements of Crime
U.S. v. Lizardo, No. 04-1714 (1st Cir.) (445 F.3d 73) (April 26, 2006) (Judge Juan R. Torruella) by Defendant appealed decisions of the United States District Court for the District of Massachusetts, which convicted him of conspiring to distribute cocaine in violation of 21 U.S.C.S. § 846 and for unlawful …
Gonzales v. Duenas-Alvarez, No. 05-1629 (U.S. Supreme Court) (549 U.S. 183; 127 S.Ct. 815) (January 17, 2007) (Justice Breyer)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists
Gonzales v. Duenas-Alvarez, No. 05-1629 (U.S. Supreme Court) (549 U.S. 183; 127 S.Ct. 815) (January 17, 2007) (Justice Breyer) by Here the Court held that a “theft offense” under the Immigration and Nationality Act includes the crime of “aiding and abetting” a theft offense as defined in the California Vehicle …
Rasul v. Rumsfeld, No. Civ. No. 04-1864 (RMU) (D.D.C.) (414 F.Supp.2d 26) (February 6, 2006) (Judge Ricardo M. Urbina)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists, Torture
Rasul v. Rumsfeld, No. Civ. No. 04-1864 (RMU) (D.D.C.) (414 F.Supp.2d 26) (February 6, 2006) (Judge Ricardo M. Urbina) by Plaintiffs, former detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, sued defendants, executive and military members of the U.S. government, alleging that they were subjected to various forms …
Valencia v. Gonzales, No. 03-72028 (9th Cir.) (439 F.3d 1046) (March 6, 2006) (Judge Carlos T. Bea)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists, Crimes of Violence/Violent Felony
Valencia v. Gonzales, No. 03-72028 (9th Cir.) (439 F.3d 1046) (March 6, 2006) (Judge Carlos T. Bea) by Petitioner, a native and citizen of Peru, sought review of an order from the Board of Immigration Appeals (BIA), which summarily affirmed the immigration judge's (IJ) ruling that petitioner was removable as …
U.S. v. Madera, No. 6:06-cr-202-GKS (M.D.Fla.) (474 F.Supp.2d 1257) (January 16, 2007) (Judge G. Kendall Sharp)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists, Adam Walsh Child Protection Safety Act
U.S. v. Madera, No. 6:06-cr-202-GKS (M.D.Fla.) (474 F.Supp.2d 1257) (January 16, 2007) (Judge G. Kendall Sharp) by In this case, Judge Sharp addressed - and quickly rejected - a series of constitutional challenges to the Adam Walsh Child Protection and Safety Act of 2006 (“CPSA”), another of those election-year, patchwork …
U.S. v. Kimbrough, No. 05-4554 (4th Cir.) (174 Fed.Appx. 798) (May 9, 2006) (Per Curiam)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists, Crack Cocaine
U.S. v. Kimbrough, No. 05-4554 (4th Cir.) (174 Fed.Appx. 798) (May 9, 2006) (Per Curiam) by Derrick Kimbrough pleaded guilty to distributing fifty or more grams of crack cocaine, distributing cocaine, conspiring to distribute fifty grams or more of crack cocaine, and possessing a firearm in connection with a drug …
In Re Nassau County Strip Search Cases, No. 05-4206-cv(L) (2nd Cir.) (461 F.3d 210) (August 24, 2006) (Judge Chester J. Straub)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists, Searches - Body/Strip
In Re Nassau County Strip Search Cases, No. 05-4206-cv(L) (2nd Cir.) (461 F.3d 210) (August 24, 2006) (Judge Chester J. Straub) by n an appeal concerning Nassau County Correctional Center's blanket strip search policy for newly admitted, misdemeanor detainees, denials of plaintiffs' repeated class certification motions for lack of common …
U.S. v. Srivastava, No. Crim. No. RWT 05-0482 (D.Md.) (444 F.Supp.2d 385) (August 4, 2006) (Judge Roger W. Titus)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists, Warrants - General Search
U.S. v. Srivastava, No. Crim. No. RWT 05-0482 (D.Md.) (444 F.Supp.2d 385) (August 4, 2006) (Judge Roger W. Titus) by
U.S. v. Reynard, No. 02-50476 (9th Cir.) (473 F.3d 1008) (January 12, 2007) (Judge Harry Pregerson)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists, DNA Analysis Backlog Elimination Act
U.S. v. Reynard, No. 02-50476 (9th Cir.) (473 F.3d 1008) (January 12, 2007) (Judge Harry Pregerson) by This decision is noted for Judge Pregerson's dissent in which he found that the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. §§ 14135-14135e and 10 U.S.C. § 1565) was unconstitutional under …
U.S. v. Stewart, No. Crim. No. 05-10062- WGY (D.Mass.) (468 F.Supp.2d 261) (January 8, 2007) (Judge William G. Young)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists, DNA Analysis Backlog Elimination Act
U.S. v. Stewart, No. Crim. No. 05-10062- WGY (D.Mass.) (468 F.Supp.2d 261) (January 8, 2007) (Judge William G. Young) by U.S. v. Stewart, 468 F.Supp.2d 261 (D.Mass. Jan. 8, 2007) (Judge Young) U.S. v. Reynard, 473 F.3d 1008 (9th Cir. Jan. 12, 2007) (Judge Pregerson) The DNA Analysis Backlog Elimination …
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