Search | Punch and Jurists

U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (383 F.Supp.2d 1145) (March 17, 2005) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists

U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (383 F.Supp.2d 1145) (March 17, 2005) (Judge Mark W. Bennett) by After the court granted the government's motion and ordered defendant to submit to mental examinations, evaluations, or interviews by government mental health experts pursuant to Fed. R. Crim. P. 12.2(c)(1)(B), defendant's counsel …

U.S. v. Castillo, No. 03-20944 (5th Cir.) (430 F.3d 230) (November 3, 2005) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Castillo, No. 03-20944 (5th Cir.) (430 F.3d 230) (November 3, 2005) (Judge Carolyn Dineen King) by The defendant filed a motion under seal for a downward departure based on his HIV status. The district court sealed the motion. At the sentencing hearing, the court and the defense counsel …

Moreland v. The Federal Bureau of Prisons, No. 05-20347 (5th Cir.) (431 F.3d 180) (November 10, 2005) (Judge Priscilla R. Owen)

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

Filed under: Punch And Jurists, Calculation of 54 Days

Moreland v. The Federal Bureau of Prisons, No. 05-20347 (5th Cir.) (431 F.3d 180) (November 10, 2005) (Judge Priscilla R. Owen) 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 …

U.S. v. Samaras, No. 03-CR-46 (E.D.Wisc.) (390 F.Supp.2d 805) (October 3, 2005) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Blakely/Booker

U.S. v. Samaras, No. 03-CR-46 (E.D.Wisc.) (390 F.Supp.2d 805) (October 3, 2005) (Judge Lynn S. Adelman) by Defendant allowed the participants in a large-scale coupon fraud scheme to use his check cashing business to negotiate checks received from the victims of the offense. Defendant pleaded guilty to a violation of …

Jordan v. Pugh, No. 04-1095 (10th Cir.) (425 F.3d 820) (September 21, 2005) (Judge Michael W. McConnell)

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

Filed under: First Amendment, Punch And Jurists

Jordan v. Pugh, No. 04-1095 (10th Cir.) (425 F.3d 820) (September 21, 2005) (Judge Michael W. McConnell) by Among the many regulations promulgated by the Federal Bureau of Prisons (BOP) is one entitled “Inmate correspondence with representatives of the news media,” which prohibits inmates from acting as a reporter or …

Parklane Hosiery v. Shore, No. 77-1305 (U.S. Supreme Court) (439 U.S. 322; 99 S.Ct. 645) (January 9, 1979) (Justice Stewart)

Article • September 28, 2005

Filed under: Punch And Jurists

Parklane Hosiery v. Shore, No. 77-1305 (U.S. Supreme Court) (439 U.S. 322; 99 S.Ct. 645) (January 9, 1979) (Justice Stewart) by This is an important case in which the Court outlined the rules governing the use of offensive and defensive collateral estoppal in civil matters. Essentially, in this case, where …

Maryland v. Buie, No. 88-1369 (U.S. Supreme Court) (494 U.S. 325; 110 S.Ct. 1093) (February 28, 1990) (Justice White)

Article • September 27, 2005

Filed under: Punch And Jurists, Searches - Protective Sweep

Maryland v. Buie, No. 88-1369 (U.S. Supreme Court) (494 U.S. 325; 110 S.Ct. 1093) (February 28, 1990) (Justice White) by Case held that, incident to an arrest, the police may conduct a "protective sweep, that is, a quick and limited search of the premises . . . . to protect …

Webb v. Texas, No. 71-6647 (U.S. Supreme Court) (409 U.S. 95; 93 S.Ct. 351) (December 4, 1972) (Per Curiam)

Article • September 27, 2005

Filed under: Punch And Jurists

Webb v. Texas, No. 71-6647 (U.S. Supreme Court) (409 U.S. 95; 93 S.Ct. 351) (December 4, 1972) (Per Curiam) by In this case, the petitioner claimed that the trial court had violated his constitutional rights by "threatening and harassing" the sole witness for his defense, so that the witness refused …

New York v. Burger, No. 86-80 (U.S. Supreme Court) (482 U.S. 691; 107 S.Ct. 2636) (June 19, 1987) (Justice Blackmun)

Article • September 22, 2005

Filed under: Punch And Jurists, Searches - Administrative

New York v. Burger, No. 86-80 (U.S. Supreme Court) (482 U.S. 691; 107 S.Ct. 2636) (June 19, 1987) (Justice Blackmun) by The issue framed by the Court in this case was whether the warrantless search of an automobile junkyard, conducted pursuant to a statute authorizing such a search, falls within …

U.S. v. Salerno, No. 86-87 (U.S. Supreme Court) (481 U.S. 739; 107 S.Ct. 2095) (May 26, 1987) (Justice Rehnquist)

Article • September 21, 2005

Filed under: Punch And Jurists, Pretrial Detention and Detainees

U.S. v. Salerno, No. 86-87 (U.S. Supreme Court) (481 U.S. 739; 107 S.Ct. 2095) (May 26, 1987) (Justice Rehnquist) by Here the Court rejected constitutional challenges to the Bail Reform Act, although it did agree that when the Government acts to deprive a person of life, liberty or property without …

Daniels v. Williams, No. 84-5872 (U.S. Supreme Court) (474 U.S. 327; 106 S.Ct. 662) (January 21, 1986) (Justice Rehnquist)

Article • September 21, 2005

Filed under: Punch And Jurists

Daniels v. Williams, No. 84-5872 (U.S. Supreme Court) (474 U.S. 327; 106 S.Ct. 662) (January 21, 1986) (Justice Rehnquist) by Here the Court held that where an official's or government entity's constitutes mere negligence, no substantive due process violation occurs. The Court expressly left open the question whether something less …

U.S. v. Goodwin, No. 80-2195 (U.S. Supreme Court) (457 U.S. 368; 102 S.Ct. 2485) (June 18, 1982) (Justice Stevens)

Article • September 21, 2005

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Goodwin, No. 80-2195 (U.S. Supreme Court) (457 U.S. 368; 102 S.Ct. 2485) (June 18, 1982) (Justice Stevens) by In this case the Court held that a prosecutor's decision to file additional charges against a defendant after the defendant has refused to plead guilty does not give rise to …

Solem v. Helm, No. 82-492 (U.S. Supreme Court) (463 U.S. 277; 103 S.Ct. 3001) (June 28, 1983) (Justice Powell)

Article • September 19, 2005

Filed under: Punch And Jurists, Sentences - Length/Severity of

Solem v. Helm, No. 82-492 (U.S. Supreme Court) (463 U.S. 277; 103 S.Ct. 3001) (June 28, 1983) (Justice Powell) by In this case the Court overturned a life sentence without the possibility of parole imposed for a petty crime, namely uttering a "no account" check for $100 - holding that …

Gozlon-Peretz v. U.S., No. 89-7370 (U.S. Supreme Court) (498 U.S. 395; 111 S.Ct. 840) (February 19, 1991) (Justice Kennedy)

Article • September 18, 2005

Filed under: Punch And Jurists

Gozlon-Peretz v. U.S., No. 89-7370 (U.S. Supreme Court) (498 U.S. 395; 111 S.Ct. 840) (February 19, 1991) (Justice Kennedy) by In this case the Supreme Court considered the provisions of § 1002 of the Anti-Drug Abuse Act of 1986, Pub. L. No. 99-570, 100 Stat. 3207 (codified as amended in …

Dolan v. City of Tigard, No. 93-518 (U.S. Supreme Court) (512 U.S. 374; 114 S.Ct. 2309) (June 24, 1994) (Justice Rehnquist)

Article • September 16, 2005

Filed under: Punch And Jurists, Doctrine of Unconstitutional Conditions

Dolan v. City of Tigard, No. 93-518 (U.S. Supreme Court) (512 U.S. 374; 114 S.Ct. 2309) (June 24, 1994) (Justice Rehnquist) by This case is noted for its development of the doctrine of "unconstitutional conditions," which limits the Government's ability to exact waivers of rights as a consition of benefits, …

Fisher v. U.S., No. 74-18 (U.S. Supreme Court) (425 U.S. 391; 96 S.Ct. 1569) (April 21, 1976) (Justice White)

Article • September 14, 2005

Filed under: Punch And Jurists, Compelled Testimony

Fisher v. U.S., No. 74-18 (U.S. Supreme Court) (425 U.S. 391; 96 S.Ct. 1569) (April 21, 1976) (Justice White) by In this case the IRS had issued a summons to a taxpayer's attorney to produce documents that had been prepared by the taxpayer's accountant. At the time the subpoena issued, …

Giordenello v. U.S., No. 549 (U.S. Supreme Court) (357 U.S. 480; 78 S.Ct. 1245) (June 30, 2058) (Justice Harlan)

Article • September 11, 2005

Filed under: Punch And Jurists, Probable/Proximate Cause

Giordenello v. U.S., No. 549 (U.S. Supreme Court) (357 U.S. 480; 78 S.Ct. 1245) (June 30, 2058) (Justice Harlan) by Defendant sought review of a decision of the Fifth Circuit, which affirmed the lower court's decision that convicted him of the unlawful purchase of narcotics. Certiorari was granted to consider …

Helling v. McKinney, No. 91-1958 (U.S. Supreme Court) (509 U.S. 25; 113 S.Ct. 2475) (June 18, 1993) (Justice White)

Article • September 10, 2005

Filed under: Punch And Jurists, Deliberate Indifference

Helling v. McKinney, No. 91-1958 (U.S. Supreme Court) (509 U.S. 25; 113 S.Ct. 2475) (June 18, 1993) (Justice White) by In this case involving potential future damages from environmental tobacco smoke (ETS), the Court rejected the prison's position that the deliberate indifference standard only applies to circumstances that pose a …

Winston v. Lee, No. 83-1334 (U.S. Supreme Court) (470 U.S. 753; 105 S.Ct. 1611) (March 20, 1985) (Justice Brennan)

Article • September 10, 2005

Filed under: Punch And Jurists

Winston v. Lee, No. 83-1334 (U.S. Supreme Court) (470 U.S. 753; 105 S.Ct. 1611) (March 20, 1985) (Justice Brennan) by Here the Court held that it would be a violation of a defendant's rights to be secure in his person as guaranteed by the Fourth Amendment to allow the state …

Heller v. Doe, No. 92-351 (U.S. Supreme Court) (509 U.S. 312; 113 S.Ct. 2637) (June 24, 1993) (Justice Kennedy)

Article • September 10, 2005

Filed under: Punch And Jurists, Equal Protection Clause/Claims

Heller v. Doe, No. 92-351 (U.S. Supreme Court) (509 U.S. 312; 113 S.Ct. 2637) (June 24, 1993) (Justice Kennedy) by Here the Court held that classifications neither involving fundamental rights nor proceeding along suspect lines do not run afoul of the Equal Protection Clause so long as there is a …