Search | Punch and Jurists

New Jersey v. T.L.O., No. 83-712 (U.S. Supreme Court) (469 U.S. 325; 105 S.Ct. 733) (January 15, 1985) (Justice White)

Article • December 4, 2005

Filed under: Punch And Jurists, Special Needs Exception

New Jersey v. T.L.O., No. 83-712 (U.S. Supreme Court) (469 U.S. 325; 105 S.Ct. 733) (January 15, 1985) (Justice White) by This case is noted as the first instance in which the Supreme Court enunciated the "special needs" exemption to the usual warrant and probable-cause requirements of the Fourth Amendment …

U.S. v. Gonzalez-Lopez, No. 03-3487 (8th Cir.) (399 F.3d 924) (March 8, 2005) (Judge Kermit Edward Bye)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Counsel - Constructive denial of

U.S. v. Gonzalez-Lopez, No. 03-3487 (8th Cir.) (399 F.3d 924) (March 8, 2005) (Judge Kermit Edward Bye) by Defendant was convicted by a jury in the United States District Court for the Eastern District of Missouri of conspiring to distribute more than 100 kilograms of marijuana. On appeal, defendant argued …

Lawrence v. State of Florida, No. 04-15435 (11th Cir.) (421 F.3d 1221) (August 26, 2005) (Judge Joel F. Dubina)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists

Lawrence v. State of Florida, No. 04-15435 (11th Cir.) (421 F.3d 1221) (August 26, 2005) (Judge Joel F. Dubina) by Petitioner inmate appealed a judgment of the United States District Court for the Northern District of Florida denying his petition for a writ of habeas corpus on the ground that …

Harris v. Coweta County, Georgia, No. 03-15094 (11th Cir.) (433 F.3d 807) (December 23, 2005) (Judge Rosemary Barkett)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Excessive Force, Punch And Jurists

Harris v. Coweta County, Georgia, No. 03-15094 (11th Cir.) (433 F.3d 807) (December 23, 2005) (Judge Rosemary Barkett) by Plaintiff, a suspect for a traffic violation, brought suit under 42 U.S.C. § 1983 after he was injured at the conclusion of a high speed chase. Defendants, a deputy and a …

Richey v. Mitchell, No. 01-3477 (6th Cir.) (395 F.3d 660) (January 25, 2005) (Judge R. Guy Jr. Cole)

Article • December 1, 2005 • from P&J December, 2005

Filed under: AEDPA, Punch And Jurists

Richey v. Mitchell, No. 01-3477 (6th Cir.) (395 F.3d 660) (January 25, 2005) (Judge R. Guy Jr. Cole) by Petitioner was arrested, convicted, and sentenced to be executed for intentionally starting an apartment fire that killed a young girl. Following a series of unsuccessful appeals in the Ohio state courts, …

Musladin v. Lamarque, No. 03-16653 (9th Cir.) (427 F.3d 653) (October 21, 2005) (Judge Stephen Reinhardt)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Courtroom Spectator Conduct

Musladin v. Lamarque, No. 03-16653 (9th Cir.) (427 F.3d 653) (October 21, 2005) (Judge Stephen Reinhardt) by Petitioner inmate appealed a denial by the United States District Court for the Northern District of California of his petition for a writ of habeas corpus contending that the buttons worn by the …

U.S. v. Coyle, No. 04-1944 (8th Cir.) (429 F.3d 1192) (November 17, 2005) (Judge Steven M. Colloton)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Substantial Assistance

U.S. v. Coyle, No. 04-1944 (8th Cir.) (429 F.3d 1192) (November 17, 2005) (Judge Steven M. Colloton) by After defendant entered a plea of guilty to a drug conspiracy charge, the Government filed a motion for a reduction in sentence based upon the substantial assistance that defendant provided for the …

U.S. v. Mooney, No. 02-3380 (8th Cir.) (401 F.3d 940) (March 28, 2005) (Per Curiam)

Article • December 1, 2005 • from P&J July, 2004

Filed under: Punch And Jurists, Gain Resulting from the Offense

U.S. v. Mooney, No. 02-3380 (8th Cir.) (401 F.3d 940) (March 28, 2005) (Per Curiam) by Defendant challenged a decision of the United States District Court for the District of Minnesota, which applied the U.S. Sentencing Guidelines Manual §§ 2S1.1(b)(2)(C), 2S1.2(b)(2) (1994) and sentenced him to 42 months' imprisonment after …

U.S. v. Combs, No. 03-30456 (9th Cir.) (2005 U.S. App. LEXIS 11421) (June 16, 2005) (Judge Kim McLane Wardlaw)

Article • December 1, 2005 • from P&J December, 2005

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

U.S. v. Combs, No. 03-30456 (9th Cir.) (2005 U.S. App. LEXIS 11421) (June 16, 2005) (Judge Kim McLane Wardlaw) by Following a bench trial, the United States District Court for the District of Alaska convicted defendant of maintaining a place for the manufacture of controlled substances, attempting to manufacture methamphetamine, …

U.S. v. Coffey, No. 04-2176 (8th Cir.) (415 F.3d 882) (July 25, 2005) (Judge Roger L. Wollman)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Plain Error

U.S. v. Coffey, No. 04-2176 (8th Cir.) (415 F.3d 882) (July 25, 2005) (Judge Roger L. Wollman) by In this case, Coffey objected to the district court increasing his mandatory guidelines sentence on the basis of the evidence before it, asserting that it was insufficient to establish any drug quantity. …

U.S. v. Gilbert, No. 04-5004 (4th Cir.) (430 F.3d 215) (November 28, 2005) (Judge J. Harvie III Wilkinson)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Gilbert, No. 04-5004 (4th Cir.) (430 F.3d 215) (November 28, 2005) (Judge J. Harvie III Wilkinson) by Defendant appealed from the judgment of the United States District Court for the Western District of Virginia, at Roanoke, convicting him of being a felon in possession of a firearm. Defendant …

Ferguson v. Roper, No. 03-3252 (8th Cir.) (400 F.3d 635) (March 14, 2005) (Judge James B. Loken)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Crawford

Ferguson v. Roper, No. 03-3252 (8th Cir.) (400 F.3d 635) (March 14, 2005) (Judge James B. Loken) by Petitioner state inmate appealed a judgment of the United States District Court for the Eastern District of Missouri, which denied the inmate's application for habeas corpus relief against respondent from his state …

U.S. v. Greer, No. 03-CR-194 (E.D.Wisc.) (375 F.Supp.2d 790) (June 27, 2005) (Judge Lynn S. Adelman)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, The Girlfriend Problem

U.S. v. Greer, No. 03-CR-194 (E.D.Wisc.) (375 F.Supp.2d 790) (June 27, 2005) (Judge Lynn S. Adelman) by Defendant pleaded guilty to using a telephone to facilitate drug trafficking. The court set forth a sentence and the reasons for the sentence it imposed. Defendant was indicted along with 18 others for …

Wade v. Brady, No. 04cv12135-NG (D.Mass.) (460 F.Supp.2d 226) (October 27, 2006) (Judge Nancy Gertner)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

Wade v. Brady, No. 04cv12135-NG (D.Mass.) (460 F.Supp.2d 226) (October 27, 2006) (Judge Nancy Gertner) by Plaintiff prisoner brought an action pursuant to 42 U.S.C. § 1983 against defendant public officials to obtain access to DNA testing of biological evidence used eight years before in his felony murder trial. The …

U.S. v. Bin Laden, No. SR7 98 Cr. 1023 (KTD) (S.D.N.Y.) (397 F.Supp.2d 465) (November 2, 2005) (Judge Kevin Thomas Duffy)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Discovery - Lateness of

U.S. v. Bin Laden, No. SR7 98 Cr. 1023 (KTD) (S.D.N.Y.) (397 F.Supp.2d 465) (November 2, 2005) (Judge Kevin Thomas Duffy) by After he was convicted of conspiracy to kill United States nationals, conspiracy to commit murder, conspiracy to destroy buildings and property of the United States, and 18 counts …

U.S. v. Galvan, No. 04-1331 (8th Cir.) (407 F.3d 954) (May 17, 2005) (Judge Morris Sheppard Arnold)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Reasonable Cause to Believe Standard

U.S. v. Galvan, No. 04-1331 (8th Cir.) (407 F.3d 954) (May 17, 2005) (Judge Morris Sheppard Arnold) by Defendant appealed his conviction and sentence in the United States District Court for the Eastern District of Missouri for one count of possessing pseudoephedrine knowing, or with reasonable cause to believe, that …

Benslimane v. Gonzales, No. 04-1339 (7th Cir.) (430 F.3d 828) (November 30, 2005) (Judge Richard A. Posner)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Asylum

Benslimane v. Gonzales, No. 04-1339 (7th Cir.) (430 F.3d 828) (November 30, 2005) (Judge Richard A. Posner) by Petitioner alien filed a petition of review after the Board of Immigration Appeals (BIA) affirmed the orders entered by an immigration judge (IJ) in his case. The IJ had denied the alien's …

Hicks v. Bush, No. CIV.A. 02-299(CKK) (D.D.C.) (397 F.Supp.2d 36) (November 14, 2005) (Judge Coleen Kollar-Kotelly)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Military Tribunal

Hicks v. Bush, No. CIV.A. 02-299(CKK) (D.D.C.) (397 F.Supp.2d 36) (November 14, 2005) (Judge Coleen Kollar-Kotelly) by

U.S. v. Price, No. 03-3780 (7th Cir.) (418 F.3d 771) (August 15, 2005) (Judge Kenneth F. Ripple)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Price, No. 03-3780 (7th Cir.) (418 F.3d 771) (August 15, 2005) (Judge Kenneth F. Ripple) by In this case, the Court affirmed the continuing validity of using acquitted conduct to determine a defendant's sentence post-Booker, even though the use of such factors at sentencing led to an increase …

U.S. v. Carruth, No. 04-3568 (8th Cir.) (418 F.3d 900) (August 15, 2005) (Judge Diana E. Murphy)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Restitution, Punch And Jurists

U.S. v. Carruth, No. 04-3568 (8th Cir.) (418 F.3d 900) (August 15, 2005) (Judge Diana E. Murphy) by Defendant pled guilty to conspiracy to make and possess counterfeit commercial checks. The United States District Court for the Eastern District of Arkansas sentenced defendant to time served (approximately six months) and …