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U.S. v. Crudup, No. 05-4048 (4th Cir.) (461 F.3d 433) (August 7, 2006) (Judge Dennis W. Shedd)

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

Filed under: Punch And Jurists, Plainly Unreasonable Standard

U.S. v. Crudup, No. 05-4048 (4th Cir.) (461 F.3d 433) (August 7, 2006) (Judge Dennis W. Shedd) by In this case, the court addressed the hair-splitting issue of whether, in appeals from sentences imposed for revocation of supervised release, the courts should apply a "reasonableness" or a "plainly unreasonable" standard …

U.S. v. Lay, No. Crim. No. H-04-0025 (S.D.Tex.) (456 F.Supp.2d 869) (October 17, 2006) (Judge Simeon T. III Lake)

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

Filed under: Punch And Jurists

U.S. v. Lay, No. Crim. No. H-04-0025 (S.D.Tex.) (456 F.Supp.2d 869) (October 17, 2006) (Judge Simeon T. III Lake) by Relying on the Fifth Circuit’s en banc decision in U.S. v. Estate of Parsons, 367 F.3d 409 (5th Cir. 2004), Judge Simeon Lake vacated the conviction of late Enron founder …

Lin v. U.S. Dept. of Justice, No. 04-0917-ag (2nd Cir.) (459 F.3d 255) (August 3, 2006) (Judge Chester J. Straub)

Article • September 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Denial of Due Process

Lin v. U.S. Dept. of Justice, No. 04-0917-ag (2nd Cir.) (459 F.3d 255) (August 3, 2006) (Judge Chester J. Straub) by Before the court was petitioner alien's petition for review of a decision of the Board of Immigration Appeals (BIA), which reversed an immigration judge's decision to grant petitioner asylum …

Morgan v. Morgensen, No. 04-35608 (9th Cir.) (465 F.3d 1041) (October 6, 2006) (Judge Richard R. Clifton)

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

Filed under: Punch And Jurists, Prison Conditions

Morgan v. Morgensen, No. 04-35608 (9th Cir.) (465 F.3d 1041) (October 6, 2006) (Judge Richard R. Clifton) by This is an interesting decision in a § 1983 case brought by an inmate in a Washington state prison. As part of the prison’s mandatory work program, plaintiff Steven Morgan applied for …

Ake v. Oklahoma, No. 83-5424 (U.S. Supreme Court) (470 U.S. 68; 105 S.Ct. 1087) (February 26, 1985) (Justice Marshall)

Article • August 27, 2006

Filed under: Punch And Jurists

Ake v. Oklahoma, No. 83-5424 (U.S. Supreme Court) (470 U.S. 68; 105 S.Ct. 1087) (February 26, 1985) (Justice Marshall) by In this capital case, the Court established the standards governing a criminal defendant's due process rights to appropriate expert assistance. The precise issue addressed by the Court was "whether the …

Apodaca v. Oregon, No. 69-5064 (U.S. Supreme Court) (406 U.S. 404; 92 S.Ct. 1628) (May 22, 1972) (Justice White)

Article • August 12, 2006

Filed under: Punch And Jurists

Apodaca v. Oregon, No. 69-5064 (U.S. Supreme Court) (406 U.S. 404; 92 S.Ct. 1628) (May 22, 1972) (Justice White) by Petitioners filed a petition for a writ of certiorari seeking review of their state court convictions for assault with a deadly weapon, burglary in a dwelling, and grand larceny upon …

Furman v. Georgia, No. 69-5003 (U.S. Supreme Court) (408 U.S. 238; 92 S.Ct. 2726) (June 29, 1972) (Per Curiam)

Article • August 11, 2006

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Furman v. Georgia, No. 69-5003 (U.S. Supreme Court) (408 U.S. 238; 92 S.Ct. 2726) (June 29, 1972) (Per Curiam) by Despite 10 separate concurring and dissenting opinions, the court held that the imposition of the death penalty in these three consolidated cases would constitute cruel and unusual punishment under the …

Comer v. Schriro, No. 98-99003 (9th Cir.) (463 F.3d 964) (September 13, 2006) (Judge Warren J. Ferguson)