Search | Punch and Jurists

U.S. v. Barner, No. 04-13384 (11th Cir.) (441 F.3d 1310) (March 10, 2006) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Barner, No. 04-13384 (11th Cir.) (441 F.3d 1310) (March 10, 2006) (Judge John R. Gibson) by This Eleventh Circuit appeal addressed an interesting claim of prosecutorial vindictiveness. After Javado Barner succeeded in getting the district court to dismiss most of the charges against him, the government obtained a …

U.S. v. Hamilton, No. 6:05-cr-157-ORL (M.D.Fla.) (428 F.Supp.2d 1253) (March 16, 2006) (Judge Gregory A. Presnell)

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

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

U.S. v. Hamilton, No. 6:05-cr-157-ORL (M.D.Fla.) (428 F.Supp.2d 1253) (March 16, 2006) (Judge Gregory A. Presnell) by Here Judge Presnell added another powerful and articulate voice to the ongoing debate about what he called the “radical” sentencing disparity that exists under the Guidelines for crimes involving crack cocaine versus crimes …

Rodriguez v. Miller, No. 04-6665-pr (2nd Cir.) (439 F.3d 68) (February 17, 2006) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Closure of Courtroom

Rodriguez v. Miller, No. 04-6665-pr (2nd Cir.) (439 F.3d 68) (February 17, 2006) (Judge Joseph M. McLaughlin) by The Second Circuit vacated the drug conviction of a drug dealer, Jose Rodriguez, on the grounds that the state trial court violated his Sixth Amendment right to a public trial when it …

Johnson v. Dretke, No. 03-51102 (5th Cir.) (442 F.3d 901) (March 13, 2006) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists

Johnson v. Dretke, No. 03-51102 (5th Cir.) (442 F.3d 901) (March 13, 2006) (Judge Harold R. Jr. DeMoss) by A claim of prosecutorial misconduct based on two separate prosecutions of a single shooting based on inconsistent and mutually exclusive theories of prosecution is rejected on the grounds that the petitioner …

Handberry v. Thompson, No. 03-0047(L) (2nd Cir.) (436 F.3d 52) (January 17, 2006) (Judge Robert D. Sack)

Article • February 1, 2006 • from P&J March, 2006

Filed under: Punch And Jurists, Education and Vocational Skills/Training

Handberry v. Thompson, No. 03-0047(L) (2nd Cir.) (436 F.3d 52) (January 17, 2006) (Judge Robert D. Sack) by Injunction against municipal-defendants involving a class action by inmates of city jails challenging defendants' asserted failure to provide them with educational services pursuant to state and federal law is vacated in part …

U.S. v. Grubbs, No. 04-1414 (U.S. Supreme Court) (547 U.S. 90; 126 S.Ct. 1494) (March 21, 2006) (Justice Scalia)

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

Filed under: Punch And Jurists, Warrants - Anticipatory

U.S. v. Grubbs, No. 04-1414 (U.S. Supreme Court) (547 U.S. 90; 126 S.Ct. 1494) (March 21, 2006) (Justice Scalia) by The Court held that anticipatory warrants are not categorically unconstitutional under the Fourth Amendment; and that the "particularity requirement" of the 4th Amendment does not require showing the occupants the …

Walton v. Johnson, No. 04-19 (4th Cir.) (440 F.3d 160) (March 9, 2006) (Judge Dennis W. Shedd)

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

Filed under: Punch And Jurists

Walton v. Johnson, No. 04-19 (4th Cir.) (440 F.3d 160) (March 9, 2006) (Judge Dennis W. Shedd) by In a thought-provoking and sometimes surreal 7-6 en banc ruling, the Fourth Circuit rejected the habeas claims of Percy Levar Walton, a Virginia death row inmate, that "he is both mentally incompetent …

U.S. v. Burton, No. 05-2130 (7th Cir.) (441 F.3d 509) (March 20, 2006) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Burton, No. 05-2130 (7th Cir.) (441 F.3d 509) (March 20, 2006) (Judge Richard A. Posner) by Here the Court held that "[c]ontrary to popular belief, the Fourth Amendment does not require that a search be based on probable cause to believe that the search will yield contraband or …

U.S. v. McCants, No. 04-3064 (D.C. Cir.) (434 F.3d 557) (January 13, 2006) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Resolution of Disputed Factors

U.S. v. McCants, No. 04-3064 (D.C. Cir.) (434 F.3d 557) (January 13, 2006) (Judge Harry T. Edwards) by After pleading guilty to possessing false document-making implements in violation of 18 U.S.C. § 1028(a)(5), defendant appealed his sentence, arguing the United States District Court for the District of Columbia adopted the …

U.S. v. Newsome, No. 04-3292 (3rd Cir.) (439 F.3d 181) (March 9, 2006) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Identity Theft

U.S. v. Newsome, No. 04-3292 (3rd Cir.) (439 F.3d 181) (March 9, 2006) (Judge Jane R. Roth) by The defendant appealed from a sentence imposed by the District Court for the District of New Jersey, which sentenced appellant to a 27-month term of punishment after appellant pled guilty to one …

Johnson v. Quander, No. 05-5156 (D.C. Cir.) (440 F.3d 489) (March 17, 2006) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Constitutional Challenges

Johnson v. Quander, No. 05-5156 (D.C. Cir.) (440 F.3d 489) (March 17, 2006) (Judge David B. Sentelle) by Here the D.C. Circuit joined with all the other Circuits that have ruled on the issue and held that the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. §§ 14135-14135e) is …

U.S. v. Grigg, No. 05-2484 (7th Cir.) (442 F.3d 560) (March 24, 2006) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Grigg, No. 05-2484 (7th Cir.) (442 F.3d 560) (March 24, 2006) (Judge Kenneth F. Ripple) by Here, joining with the Second and Tenth Circuits, the Seventh Circuit concluded that the Feeney Amendment violates the principles established in U.S. v. Booker, stating in part: "In reviewing § 3553(b)(2) in …

U.S. v. Hall, No. 03-2425 (1st Cir.) (434 F.3d 42) (January 12, 2006) (Judge Jeffrey R. Howard)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Hall, No. 03-2425 (1st Cir.) (434 F.3d 42) (January 12, 2006) (Judge Jeffrey R. Howard) by After his conviction, the defendant argued on appeal that the Government had violated his due process rights by withholding critical evidence about the background of one of its informants who testified at …

U.S. v. Jimenez-Beltre, No. 05-1268 (1st Cir.) (440 F.3d 514) (March 9, 2006) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Jimenez-Beltre, No. 05-1268 (1st Cir.) (440 F.3d 514) (March 9, 2006) (Judge Michael Boudin) by At the beginning of this much awaited decision, Judge Boudin explained that the First Circuit had agreed to rehear this case en banc “to provide stable guidance in this circuit for the determination …

Buckley v. Terhune, No. 03-55045 (9th Cir.) (441 F.3d 688) (March 17, 2006) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists

Buckley v. Terhune, No. 03-55045 (9th Cir.) (441 F.3d 688) (March 17, 2006) (Judge Stephen Reinhardt) by

U.S. v. Ogles, No. 03-10439 (9th Cir.) (440 F.3d 1095) (March 10, 2006) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists

U.S. v. Ogles, No. 03-10439 (9th Cir.) (440 F.3d 1095) (March 10, 2006) (Judge M. Margaret McKeown) by The lone dissenter in this 10-to-1 en banc decision was Judge Reinhardt, and one need only read a few passages from his decision to understand why he was so “disturbed” by the …

U.S. v. Smith, No. 03-4829 (4th Cir.) (441 F.3d 254) (March 21, 2006) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Smith, No. 03-4829 (4th Cir.) (441 F.3d 254) (March 21, 2006) (Judge William W. Jr. Wilkins) by Sitting by designation, District Judge Dever dissents from the portion of the opinion upholding a defendant’s life sentence based on the quantity of drugs involved in the crime. As the quantity …

Miller v. California, No. 70-73 (U.S. Supreme Court) (413 U.S. 15; 93 S.Ct. 2607) (June 21, 2003) (Justice Burger)

Article • January 29, 2006

Filed under: Punch And Jurists

Miller v. California, No. 70-73 (U.S. Supreme Court) (413 U.S. 15; 93 S.Ct. 2607) (June 21, 2003) (Justice Burger) by In this case, the Court reaffirmed that obscene material is not protected by the First Amendment; that such material can be regulated by the States without a showing that the …

Toussie v. U.S., No. 441 (U.S. Supreme Court) (397 U.S. 112; 90 S.Ct. 858) (March 2, 1970) (Justice Black)

Article • January 27, 2006

Filed under: Punch And Jurists

Toussie v. U.S., No. 441 (U.S. Supreme Court) (397 U.S. 112; 90 S.Ct. 858) (March 2, 1970) (Justice Black) by The defendant in this case was charged under the Universal Military Training and Service Act with failing to register for the draft. The law provided that it was the duty …

Carey v. Saffold, No. 01-301 (U.S. Supreme Court) (536 U.S. 214; 122 S.Ct. 2134) (June 17, 2002) (Justice Breyer)

Article • January 22, 2006 • from P&J May, 2002

Filed under: Punch And Jurists

Carey v. Saffold, No. 01-301 (U.S. Supreme Court) (536 U.S. 214; 122 S.Ct. 2134) (June 17, 2002) (Justice Breyer) by This is one of those heavy habeas corpus decisions that flows from some of the obtuse language of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Specifically, the …