Search | Punch and Jurists

U.S. v. Cisneros, No. CRIM.A, 04-283 (E.D.Va.) (385 F.Supp.2d 567) (August 24, 2005) (Judge Gerald Bruce Lee)

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

Filed under: Punch And Jurists, Mental Retardation/Intellectual Disability

U.S. v. Cisneros, No. CRIM.A, 04-283 (E.D.Va.) (385 F.Supp.2d 567) (August 24, 2005) (Judge Gerald Bruce Lee) by Acting on the defendant’s motion to establish various procedures under the Federal Death Penalty Act (18 U.S.C. § 3596(c)) to determine whether he had sufficiently established a defense of mental retardation, Judge …

U.S. v. Sattar, No. S1 02 Cr. 395 (S.D.N.Y.) (395 F.Supp.2d 79) (October 24, 2005) (Judge John G. Koeltl)

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

Filed under: Punch And Jurists, Material Support to Terrorism

U.S. v. Sattar, No. S1 02 Cr. 395 (S.D.N.Y.) (395 F.Supp.2d 79) (October 24, 2005) (Judge John G. Koeltl) by Defendants inmate, his attorney, and visitors of the inmate, were charged and convicted by a jury of, inter alia, conspiring to defraud the United States, conspiring to murder and kidnap …

U.S. v. Afshari, No. 02-50355 (9th Cir.) (426 F.3d 1150) (October 20, 2005) (Judge Andrew J. Kleinfeld)

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

Filed under: Punch And Jurists, Terrorist Designation/Terrorism Label

U.S. v. Afshari, No. 02-50355 (9th Cir.) (426 F.3d 1150) (October 20, 2005) (Judge Andrew J. Kleinfeld) by Reversing a prior ruling by Judge Takasugi of the C.D.Cal., the Court upheld the constitutionality of two key provisions of the terrorist designation statutes, 8 USC § 1189 and 18 USC § …

U.S. v. Blaylock, No. 04-1535 (8th Cir.) (421 F.3d 758) (August 31, 2005) (Judge William J. Riley)

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

Filed under: Punch And Jurists, Sexual Orientation

U.S. v. Blaylock, No. 04-1535 (8th Cir.) (421 F.3d 758) (August 31, 2005) (Judge William J. Riley) by U.S. v. Stephens, 421 F.3d 503 (7th Cir. 2005) (Judge Rovner) U.S. v. Blaylock, 421 F.3d 758 (8th Cir. 2005) (Judge Riley) Both of these decisions show that the courts are still …

U.S. v. Abu Ali, No. Crim. No. 05-53 (GBL) (E.D.Va.) (395 F.Supp.2d 338) (October 25, 2005) (Judge Gerald Bruce Lee)

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

Filed under: Punch And Jurists

U.S. v. Abu Ali, No. Crim. No. 05-53 (GBL) (E.D.Va.) (395 F.Supp.2d 338) (October 25, 2005) (Judge Gerald Bruce Lee) by The long and grisly saga of Ahmed Abu Ali is yet another example of the Government’s lawless approach to the rights of those it designates as a terrorist - …

U.S. v. Truong, No. 04-5094 (10th Cir.) (425 F.3d 1282) (October 17, 2005) (Judge Michael W. McConnell)

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

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

U.S. v. Truong, No. 04-5094 (10th Cir.) (425 F.3d 1282) (October 17, 2005) (Judge Michael W. McConnell) by U.S. v. Truong, 425 F.3d 1282 (10th Cir. Oct. 17, 2005) (Judge McConnell) U.S. v. Heredia, 426 F.3d 1226 (9th Cir. Oct. 24, 2005) (Judge Bybee) In these two drug cases, the …

U.S. v. Resendiz-Ponce, No. 04-10302 (9th Cir.) (425 F.3d 729) (October 11, 2005) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists

U.S. v. Resendiz-Ponce, No. 04-10302 (9th Cir.) (425 F.3d 729) (October 11, 2005) (Judge Alfred T. Goodwin) by Here the Court held that the Government’s failure to allege any specific overt act in an indictment charging unlawful reentry after a previous deportation, in violation of 8 U.S.C. § 1326, was …

Petty v. Stine, No. 05-5379 (6th Cir.) (424 F.3d 509) (September 19, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Calculation of 54 Days

Petty v. Stine, No. 05-5379 (6th Cir.) (424 F.3d 509) (September 19, 2005) (Per Curiam) by Moreland v. Fed. Bureau of Prisons, 431 F.3d 180 (5th Cir. Nov. 10, 2005) Petty v. Stine, 424 F.3d 506 (6th Cir. Sept. 19, 2005) In these two decisions, the Fifth and Sixth Circuits …

Altamirano v. Gonzales, No. 03-70737 (9th Cir.) (427 F.3d 586) (October 31, 2005) (Judge Richard A. Paez)

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

Filed under: Punch And Jurists

Altamirano v. Gonzales, No. 03-70737 (9th Cir.) (427 F.3d 586) (October 31, 2005) (Judge Richard A. Paez) by The petitioner in this case, Emma Altamirano, is a citizen of Mexico who resides in the U.S. by virtue of a grant of parole by the Attorney General pending final resolution of …

U.S. v. Havens, No. 04-2956 (7th Cir.) (424 F.3d 535) (September 12, 2005) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Civil Judgment

U.S. v. Havens, No. 04-2956 (7th Cir.) (424 F.3d 535) (September 12, 2005) (Judge Diane P. Wood) by Here the Court vacated a restitution order that was based on the damages awarded in a state civil action, holding that a civil judgment is insufficient to support an order of restitution …

U.S. v. Serrata, No. 03-2011 (10th Cir.) (425 F.3d 886) (October 6, 2005) (Judge Robert H. Henry)

Article • October 1, 2005 • from P&J November, 2005

Filed under: Punch And Jurists, Police/Govt Misconduct

U.S. v. Serrata, No. 03-2011 (10th Cir.) (425 F.3d 886) (October 6, 2005) (Judge Robert H. Henry) by

Cutter v. Wilkinson, No. 02-3270 (6th Cir.) (423 F.3d 579) (September 13, 2005) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Religious Freedom/Worship

Cutter v. Wilkinson, No. 02-3270 (6th Cir.) (423 F.3d 579) (September 13, 2005) (Judge Ronald Lee Gilman) by Plaintiff prisoners sued defendant state corrections officials for violations of the First Amendment's Free Exercise Clause and of the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc et …

Bazzetta v. McGinnis, No. 04-1823 (6th Cir.) (423 F.3d 557) (September 13, 2005) (Judge Louis F. Oberdorfer)

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

Filed under: Punch And Jurists

Bazzetta v. McGinnis, No. 04-1823 (6th Cir.) (423 F.3d 557) (September 13, 2005) (Judge Louis F. Oberdorfer) by The United States District Court for the Eastern District of Michigan ruled that certain prison visitation limitations were unconstitutional. On remand from the United States Supreme Court, the district court declined to …

U.S. v. Smith, No. 04-2101 (1st Cir.) (423 F.Supp.2d 25) (September 9, 2005) (Judge James C. Hill)

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

Filed under: Punch And Jurists, Seizure

U.S. v. Smith, No. 04-2101 (1st Cir.) (423 F.Supp.2d 25) (September 9, 2005) (Judge James C. Hill) by Defendant was arrested and charged with one count of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C.S. § 922(g)(1). Defendant moved to suppress the gun, …

Al-Joudi v. Bush, No. Civ. No. 05-301 (GK) (D.D.C.) (406 F.Supp.2d 13) (October 26, 2005) (Judge Gladys Kessler)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Al-Joudi v. Bush, No. Civ. No. 05-301 (GK) (D.D.C.) (406 F.Supp.2d 13) (October 26, 2005) (Judge Gladys Kessler) by This is another of a large series of cases in the American courts involving the alleged “enemy combatants” who are being held at various secret or secretive military prisons throughout the …

U.S. v. Yeje-Cabrera, No. 03-1329 (1st Cir.) (430 F.3d 1) (November 2, 2005) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists

U.S. v. Yeje-Cabrera, No. 03-1329 (1st Cir.) (430 F.3d 1) (November 2, 2005) (Judge Sandra L. Lynch) by In a decision that strongly endorses prosecutorial control over plea-bargaining, the Court held that a district court may not punish the prosecution by giving a lower sentence because the Government engaged in …

U.S. v. Estrada, No. 02-1544-cr (L) (2nd Cir.) (428 F.3d 387) (November 2, 2005) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists, Prior Conviction Exception

U.S. v. Estrada, No. 02-1544-cr (L) (2nd Cir.) (428 F.3d 387) (November 2, 2005) (Judge Sonia Sotomayor) by Setting the stage for a battle before the Supreme Court that is almost certain to happen, the Second Circuit held that prior felony drug convictions, which trigger a mandatory minimum sentence of …

Merced v. McGrath, No. 04-15560 (9th Cir.) (426 F.3d 1076) (October 18, 2005) (Judge Dorothy Wright Nelson)

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

Filed under: Punch And Jurists, Jury Nullification

Merced v. McGrath, No. 04-15560 (9th Cir.) (426 F.3d 1076) (October 18, 2005) (Judge Dorothy Wright Nelson) by Here the Court affirmed the denial of petitioner’s habeas corpus petition over his claim that the trial court violated his constitutional rights when it excused a prospective juror based on his belief …

Bradshaw v. Richey, No. 05-101 (U.S. Supreme Court) (546 U.S. 74; 126 S.Ct. 602) (November 28, 2005) (Per Curiam)

Article • October 1, 2005 • from P&J November, 2005

Filed under: Punch And Jurists

Bradshaw v. Richey, No. 05-101 (U.S. Supreme Court) (546 U.S. 74; 126 S.Ct. 602) (November 28, 2005) (Per Curiam) by In a summary decision, without dissent, the Court ruled that the Sixth Circuit had erred in deciding an issue of state criminal law in direct contradiction of an interpretation given …

U.S. v. Visinaiz, No. 04-4277 (10th Cir.) (428 F.3d 1300) (November 16, 2005) (Judge Paul J. Jr. Kelly)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Visinaiz, No. 04-4277 (10th Cir.) (428 F.3d 1300) (November 16, 2005) (Judge Paul J. Jr. Kelly) by