Search | Punch and Jurists

In Re Search of the Rayburn House, Rm. No. 2113, No. 06-0231 M-01 (D.D.C.) (432 F.Supp.2d 100) (July 10, 2006) (Judge Michael R. Hogan)

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

Filed under: Punch And Jurists, Immunity - Sovereign/Municipal

In Re Search of the Rayburn House, Rm. No. 2113, No. 06-0231 M-01 (D.D.C.) (432 F.Supp.2d 100) (July 10, 2006) (Judge Michael R. Hogan) by Congressman William Jefferson filed a motion under Fed. R. Crim. P. 41 for return of property in which he argued that the execution of a …

U.S. v. Demaree, No. 05-4213 (7th Cir.) (459 F.3d 791) (August 11, 2006) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists

U.S. v. Demaree, No. 05-4213 (7th Cir.) (459 F.3d 791) (August 11, 2006) (Judge Richard A. Posner) by Here the Court held that pre-Booker ex post facto limits on the application of the most recent guidelines are no longer applicable because the Guidelines are now advisory - at least in …

U.S. v. Mohamed, No. 05-50253 (9th Cir.) (459 F.3d 979) (August 11, 2006) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists

U.S. v. Mohamed, No. 05-50253 (9th Cir.) (459 F.3d 979) (August 11, 2006) (Judge Betty Binns Fletcher) by This is another case in which an appellate court affirmed a sentence way above the applicable Guideline range - consistent with the now well-established trend for approving such upward “departures.” Apart from …

U.S. v. Cage, No. 05-5241 (6th Cir.) (458 F.3d 537) (August 15, 2006) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists, Presumption of Reasonableness

U.S. v. Cage, No. 05-5241 (6th Cir.) (458 F.3d 537) (August 15, 2006) (Judge Alice M. Batchelder) by U.S. v. [Lonnie] Davis, 458 F.3d 505 (6th Cir. Aug. 15, 2006) (Judge Moore) U.S. v. Cage, 458 F.3d 537 (6th Cir. Aug. 15, 2006) (Judge Batchelder) Both of these cases dealt …

U.S. v. Stewart, No. 02-10318 (9th Cir.) (451 F.3d 1071) (June 30, 2006) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Stewart, No. 02-10318 (9th Cir.) (451 F.3d 1071) (June 30, 2006) (Judge Alex Kozinski) by Here, on remand from the Suipreme Court, the Court held that a federal statute criminalizing the possession of homemade machine guns manufactured intrastate was not an unlawful extension of Congress's commerce powers.

U.S. v. Jointer, No. 05-4632 (7th Cir.) (457 F.3d 682) (August 9, 2006) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Jointer, No. 05-4632 (7th Cir.) (457 F.3d 682) (August 9, 2006) (Judge Kenneth F. Ripple) by This decision is another example of the many appellate sentencing cases that give little or no guidance to the lower courts and the criminal defense bar about what constitutes a “reasonable” sentence …

In Re Mikhel, No. 06-73376 (9th Cir.) (453 F.3d 1137) (July 7, 2006) (Per Curiam)

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

Filed under: Punch And Jurists, Exclusion of Witnesses at Trial

In Re Mikhel, No. 06-73376 (9th Cir.) (453 F.3d 1137) (July 7, 2006) (Per Curiam) by Petitioner, the United States, sought a writ a mandamus ordering the United States District Court for the Central District of California to permit certain crime victims to observe in its entirety the murder trial …

U.S. v. Carty, No. 05-10200 (9th Cir.) (465 F.3d 976) (August 25, 2006) (Judge Mary M. Schroeder)

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

Filed under: Punch And Jurists, Standard[s] of Review

U.S. v. Carty, No. 05-10200 (9th Cir.) (465 F.3d 976) (August 25, 2006) (Judge Mary M. Schroeder) by U.S. v. Carty, 453 F.3d 1214 (9th Cir. Aug. 25, 2006) (Judge Schroeder) U.S. v. Zavala, 443 F.3d 1165 (9th Cir. Aug. 25, 2006) (Judge Schroeder) In vacating, pending a rehearing en …

James v. Illinois, No. 88-6075 (U.S. Supreme Court) (493 U.S. 307; 110 S.Ct. 648) (January 10, 1990) (Justice Brennan)

Article • June 19, 2006

Filed under: Punch And Jurists, Fourth Amendment

James v. Illinois, No. 88-6075 (U.S. Supreme Court) (493 U.S. 307; 110 S.Ct. 648) (January 10, 1990) (Justice Brennan) by Defendant was convicted of murder and attempted murder. The appellate court held that the exclusionary rule barred admission of defendant's illegally obtained statements for the purpose of impeaching a defense …

Boyd v. U.S. (U.S. Supreme Court) (116 U.S. 616; 6 S.Ct. 524) (February 1, 1986) (Justice Bradley)

Article • June 19, 2006

Filed under: Punch And Jurists, Search and Seizure

Boyd v. U.S. (U.S. Supreme Court) (116 U.S. 616; 6 S.Ct. 524) (February 1, 1986) (Justice Bradley) by Certiorari was granted to the Circuit Court of the United States for the Southern District of New York to review whether it erred in awarding judgment in favor of the federal government …

Wilson v. Arkansas, No. 94-5707 (U.S. Supreme Court) (514 U.S. 927; 115 S.Ct. 1914) (May 22, 1995) (Justice Thomas)

Article • June 17, 2006

Filed under: Punch And Jurists, Searches - Knock and Announce

Wilson v. Arkansas, No. 94-5707 (U.S. Supreme Court) (514 U.S. 927; 115 S.Ct. 1914) (May 22, 1995) (Justice Thomas) by In this case the Court held that the Fourth Amendment's proscription of unreasonable searches and seizures incorporates the requirement that law enforcement officers entering a dwelling with a search warrant …

Herrera v. Collins, No. 91-7328 (U.S. Supreme Court) (506 U.S. 390; 113 S.Ct. 853) (January 25, 1993) (Justice Rehnquist)

Article • June 15, 2006

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

Herrera v. Collins, No. 91-7328 (U.S. Supreme Court) (506 U.S. 390; 113 S.Ct. 853) (January 25, 1993) (Justice Rehnquist) by Ten years after his conviction of capital murder, and quite some years after having exhausted his state and federal, direct and collateral appeals, the petitioner in this case, Leonel Torres …

Sawyer v. Whitley, No. 91-6382 (U.S. Supreme Court) (505 U.S. 333; 112 S.Ct. 2514) (June 22, 1992) (Justice Rehnquist)

Article • June 15, 2006

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

Sawyer v. Whitley, No. 91-6382 (U.S. Supreme Court) (505 U.S. 333; 112 S.Ct. 2514) (June 22, 1992) (Justice Rehnquist) by In this case, the issue addressed by the Court was the proper the standard for determining whether a petitioner bringing a successive, abusive, or defaulted federal habeas claim has shown …

Pickering v. Board of Education, No. 501 (U.S. Supreme Court) (391 U.S. 563; 88 S.Ct. 1731) (June 3, 2068) (Justice Marshall)

Article • June 4, 2006

Filed under: Punch And Jurists

Pickering v. Board of Education, No. 501 (U.S. Supreme Court) (391 U.S. 563; 88 S.Ct. 1731) (June 3, 2068) (Justice Marshall) by A few days after a proposal to increase school taxes was defeated by local voters, a public school teacher wrote a letter to the editor of a local …

U.S. v. Adelson, No. 05 Cr. 325 (JSR) (S.D.N.Y.) (441 F.Supp.2d 506) (July 20, 2006) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Adelson, No. 05 Cr. 325 (JSR) (S.D.N.Y.) (441 F.Supp.2d 506) (July 20, 2006) (Judge Jed S. Rakoff) by The defendant in this case, Richard P. Adelson, the former president of Impath, Inc., a publicly-traded cancer diagnosis company, was charged with a number of counts of conspiracy, securities fraud, …

U.S. v. Adams, No. 04-5391-cr (2nd Cir.) (448 F.3d 492) (May 10, 2006) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Adams, No. 04-5391-cr (2nd Cir.) (448 F.3d 492) (May 10, 2006) (Judge Rosemary S. Pooler) by This opinion does not break new ground, but is a good reminder that while the substantive distribution offense under the drug laws, e.g., 21 U.S.C. § 841(a), does not (as the law …

Terkel v. AT&T Corporation, No. 06 C 2837 (N.D.Ill.) (441 F.Supp.2d 899) (July 25, 2006) (Judge Matthew F. Kennelly)

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

Filed under: Punch And Jurists, NSA Wiretap Program

Terkel v. AT&T; Corporation, No. 06 C 2837 (N.D.Ill.) (441 F.Supp.2d 899) (July 25, 2006) (Judge Matthew F. Kennelly) by Here Judge Kennelly granted the Government's motion to dismiss this lawsuit challenging the constitutionality of the NSA's secret wiretapping program, stating that, due to the state secrets privilege, the plaintiffs …

U.S. v. Miller, No. 05-2978 (7th Cir.) (450 F.3d 270) (June 7, 2006) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists

U.S. v. Miller, No. 05-2978 (7th Cir.) (450 F.3d 270) (June 7, 2006) (Judge Frank H. Easterbrook) by The Court held that police threats to imprison a suspect’s girlfriend and to place their child in foster care unless he confessed to his drug crimes and cooperated with the Government were …

U.S. v. Powell, No. 05-3047 (D.C. Cir.) (451 F.3d 862) (June 23, 2006) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Searches - Incident to Arrest

U.S. v. Powell, No. 05-3047 (D.C. Cir.) (451 F.3d 862) (June 23, 2006) (Judge Judith W. Rogers) by In this important Fourth Amendment decision, a divided panel of the D.C. Circuit puts limits on the ever-widening scope of the warrant exception for searches incident to arrest. Here, officers saw defendant …

Washington v. Recuenco, No. 05-83 (U.S. Supreme Court) (548 U.S. 212; 126 S.Ct. 2546) (June 26, 2006) (Justice Thomas)

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

Filed under: Punch And Jurists, Harmless Error

Washington v. Recuenco, No. 05-83 (U.S. Supreme Court) (548 U.S. 212; 126 S.Ct. 2546) (June 26, 2006) (Justice Thomas) by In Apprendi v. New Jersey, 530 U. S. 466, 490 (2000), the Supreme Court announced a relatively simple and straightforward rule - namely that "any fact that increases the penalty …