Search | Punch and Jurists

U.S. v. Black, No. 05-10640 (9th Cir.) (466 F.3d 1143) (October 26, 2006) (Judge Betty Binns Fletcher)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Emergency Aid Doctrine

U.S. v. Black, No. 05-10640 (9th Cir.) (466 F.3d 1143) (October 26, 2006) (Judge Betty Binns Fletcher) by Defendant appealed his conviction and sentence, entered in the United States District Court for the District of Nevada, for being a felon in possession of a firearm. Defendant argued that the district …

U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (463 F.Supp.2d 459) (December 4, 2006) (Judge Lewis A. Kaplan)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Attorney/Client

U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (463 F.Supp.2d 459) (December 4, 2006) (Judge Lewis A. Kaplan) by Defendant was a partner at an accounting firm. She was questioned in the course of an IRS investigation by attorneys hired by the firm. The firm waived its attorney-client privilege …

U.S. v. Cuellar, No. 05-10065 (5th Cir.) (441 F.3d 329) (February 22, 2006) (Judge Jerry E. Smith)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Concealment

U.S. v. Cuellar, No. 05-10065 (5th Cir.) (441 F.3d 329) (February 22, 2006) (Judge Jerry E. Smith) by The defendant in this case appealed a judgment from the District Court for the Northern District of Texas, which entered a jury's verdict convicting him of international money laundering, in violation of …

U.S. v. Thorn, No. 03-1602(L) (2nd Cir.) (446 F.3d 378) (April 27, 2006) (Judge Peter W. Hall)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists

U.S. v. Thorn, No. 03-1602(L) (2nd Cir.) (446 F.3d 378) (April 27, 2006) (Judge Peter W. Hall) by The defendant in this case was convicted of violating the Clean Air Act and conspiracy to promote money laundering. The Government appealed, challenging sentence imposed, and defendant cross-appealed, challenging his conviction for …

U.S. v. Arnold, No. CR 05-00772ADDP (C.D.Cal.) (454 F.Supp.2d 999) (October 2, 2006) (Judge Dean D. Pregerson)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Computers, Punch And Jurists

U.S. v. Arnold, No. CR 05-00772ADDP (C.D.Cal.) (454 F.Supp.2d 999) (October 2, 2006) (Judge Dean D. Pregerson) by This is an interesting decision in which Judge Pregerson held, as a matter of first impression, that the Government cannot conduct a border search of the private and personal information stored on …

U.S. v. U.S. Currency in Sum of $185,000, No. 1:04-cv-883-ENV-CLP (E.D.N.Y.) (455 F.Supp.2d 145) (September 29, 2006) (Judge Eric N. Vitaliano)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Assertion of Self-Incrimination Privilege

U.S. v. U.S. Currency in Sum of $185,000, No. 1:04-cv-883-ENV-CLP (E.D.N.Y.) (455 F.Supp.2d 145) (September 29, 2006) (Judge Eric N. Vitaliano) by Here the Court held held that a person seeking to establish a claim of innocent possession to cash seized by the Government as suspected drug proceeds could not …

Jones v. Bock, No. 05-7058 (U.S. Supreme Court) (549 U.S. 199; 127 S.Ct. 910) (January 22, 2007) (Justice (John G.) Roberts)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Exhaustion of Remedies

Jones v. Bock, No. 05-7058 (U.S. Supreme Court) (549 U.S. 199; 127 S.Ct. 910) (January 22, 2007) (Justice (John G.) Roberts) by Under the Prison Litigation Reform Act (PLRA), “failure to exhaust” is an affirmative defense, prisoner need not name all defendants in prior grievances, and court must proceed on …

U.S. v. Resendiz-Ponce, No. 05-998 (U.S. Supreme Court) (549 U.S. 102; 127 S.Ct. 782) (January 9, 2007) (Justice Stevens)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Resendiz-Ponce, No. 05-998 (U.S. Supreme Court) (549 U.S. 102; 127 S.Ct. 782) (January 9, 2007) (Justice Stevens) by In a ruling that raises questions about why the Supreme Court granted certiorari in this case in the first place, the Court declined to address merits of the substantive issue …

U.S. v. Logan, No. 05-4722 (7th Cir.) (453 F.3d 804) (July 6, 2006) (Judge Frank H. Easterbrook)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Civil Rights Restored

U.S. v. Logan, No. 05-4722 (7th Cir.) (453 F.3d 804) (July 6, 2006) (Judge Frank H. Easterbrook) by Thjs case involved the interpretation of the phrase “civil rights restored” in the federal Armed Career Criminal Act (18 U.S.C. § 924(e)(1)). Those who have been convicted previously of felonies and are …

Marshall v. Columbia Lea Regional Hospital, No. 05-2173 (10th Cir.) (474 F.3d 733) (January 9, 2007) (Judge Robert H. Henry)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Damages, Punch And Jurists

Marshall v. Columbia Lea Regional Hospital, No. 05-2173 (10th Cir.) (474 F.3d 733) (January 9, 2007) (Judge Robert H. Henry) by What does one do when his or her Fourth Amendment rights have been blatantly and arrogantly abused by law enforcement officers who think that they have the absolute right …

Santos v. U.S., No. 04-4221 (7th Cir.) (461 F.3d 886) (August 25, 2006) (Judge Daniel A. Manion)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists

Santos v. U.S., No. 04-4221 (7th Cir.) (461 F.3d 886) (August 25, 2006) (Judge Daniel A. Manion) by

U.S. v. Brennan, No. 96-CR-793 (E.D.N.Y.) (468 F.Supp.2d 400) (January 2, 2007) (Judge Jack B. Weinstein)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Federal-State Differences/Disparity/Conflicts

U.S. v. Brennan, No. 96-CR-793 (E.D.N.Y.) (468 F.Supp.2d 400) (January 2, 2007) (Judge Jack B. Weinstein) by Robert Scott Brennan, a drug addict, was twice found by New York City police to be in the possession of heroin while on supervised release from a Federal conviction. However, rather than sentence …

Landrigan v. Schriro, No. 00-99011 (9th Cir.) (441 F.3d 638) (March 8, 2006) (Judge Michael Daly Hawkins)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Landrigan v. Schriro, No. 00-99011 (9th Cir.) (441 F.3d 638) (March 8, 2006) (Judge Michael Daly Hawkins) by An Arizona state court convicted Jeffrey Landrigan of first-degree murder, which he committed after escaping from an Oklahoma prison where he was serving sentences for an earlier murder and for a prison …

U.S. v. Rita, No. 05-4674 (4th Cir.) (177 Fed.Appx. 357) (May 1, 2006) (Per Curiam)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Presumption of Reasonableness

U.S. v. Rita, No. 05-4674 (4th Cir.) (177 Fed.Appx. 357) (May 1, 2006) (Per Curiam) by In this case, the Fourth Circuit summarily affirmed Victor Rita’s thirty-three month within-guideline sentence for perjury. Neither the trial court nor the appellate panel discussed the relevance of any of the factors that the …

Boxer X v. Harris, No. 04-13083 (11th Cir.) (437 F.3d 1107) (January 27, 2006) (Judge Stanley F. Jr. Birch)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists

Boxer X v. Harris, No. 04-13083 (11th Cir.) (437 F.3d 1107) (January 27, 2006) (Judge Stanley F. Jr. Birch) by Appellant inmate sought review of a judgment from the United States District Court for the Southern District of Georgia, which dismissed, pursuant to 28 U.S.C. § 1915A, the inmate's 42 …

In Re Grand Jury Proceeding, No. Redacted (D.N.M.) (455 F.Supp.2d 1281) (July 12, 2006) (Judge Robert C. Brack)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, DNA Evidence

In Re Grand Jury Proceeding, No. Redacted (D.N.M.) (455 F.Supp.2d 1281) (July 12, 2006) (Judge Robert C. Brack) by This ruling is noted for its informative analysis of some of the tensions between the Executive Branch’s right to conduct grand jury investigations and the Judiciary’s limited rights of oversight over …

U.S. v. Gall, No. 05-3001 (8th Cir.) (446 F.3d 884) (May 12, 2006) (Judge Lavenski R. Smith)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Presumption of Reasonableness

U.S. v. Gall, No. 05-3001 (8th Cir.) (446 F.3d 884) (May 12, 2006) (Judge Lavenski R. Smith) by Brian Gall pled guilty to conspiracy to distribute a controlled substance (Ecstacy). The lowest sentence under the federal sentencing guidelines was 30 months in prison. The district judge (Judge Pratt) sentenced Gall …

Panetti v. Dretke, No. 04-70045 (5th Cir.) (448 F.3d 815) (May 9, 2006) (Judge Emilio M. Garza)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Rational Understanding

Panetti v. Dretke, No. 04-70045 (5th Cir.) (448 F.3d 815) (May 9, 2006) (Judge Emilio M. Garza) by Appellant state inmate sought judicial review of the United States District Court for the Western District of Texas's denial of habeas relief. The district court found that the inmate suffered from some …

Omar v. Harvey, No. Civ. No. 05-2374 (RMU) (D.D.C.) (416 F.Supp.2d 19) (February 13, 2006) (Judge Ricardo M. Urbina)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists

Omar v. Harvey, No. Civ. No. 05-2374 (RMU) (D.D.C.) (416 F.Supp.2d 19) (February 13, 2006) (Judge Ricardo M. Urbina) by Petitioners, a detainee and two next friends, filed a motion for a temporary restraining order with an application for habeas corpus relief under 28 U.S.C. § 2241 brought against respondents, …

Wallace v. City of Chicago, No. 04-3949 (7th Cir.) (440 F.3d 421) (March 8, 2006) (Judge Diane P. Wood)

Article • December 1, 2006 • from P&J December, 2006

Filed under: False Arrest, Punch And Jurists

Wallace v. City of Chicago, No. 04-3949 (7th Cir.) (440 F.3d 421) (March 8, 2006) (Judge Diane P. Wood) by Plaintiff arrestee appealed a decision of the United States District Court for the Northern District of Illinois, which granted summary judgment to defendants, a city and two police detectives, in …