Search | Punch and Jurists

U.S. v. Mays, No. 04-50378 (9th Cir.) (430 F.3d 963) (October 19, 2005) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Mays, No. 04-50378 (9th Cir.) (430 F.3d 963) (October 19, 2005) (Judge Alex Kozinski) by After a detailed review of the interplay between several statutes relating to the payment of restitution (including the complex provisions of the Federal Debt Collection Procedures Act of 1990 ( 28 U.S.C. §§ …

U.S. v. Green, No. 04-1225 (1st Cir.) (426 F.3d 64) (October 18, 2005) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Reliability of Evidence

U.S. v. Green, No. 04-1225 (1st Cir.) (426 F.3d 64) (October 18, 2005) (Judge Conrad K. Cyr) by Judge Eisele of the E.D.Ark. once observed: "Whatever post-conviction due process problems existed before [the Guidelines], they pale in insignificance in comparison with the due process problems that the Guidelines create. Under …

U.S. v. Councilman, No. 03-1383 (1st Cir.) (418 F.3d 67) (August 11, 2005) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists

U.S. v. Councilman, No. 03-1383 (1st Cir.) (418 F.3d 67) (August 11, 2005) (Judge Kermit A. Lipez) by This is a complex decision that addresses the application of the Federal Wiretap laws to e-mails; and the decision contains one of most detailed and articulate descriptions of how e-mails travel over …

U.S. v. Honken, No. CR 01-3047-MWB (N.D.Iowa) (378 F.Supp.2d 880) (January 29, 2004) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Honken, No. CR 01-3047-MWB (N.D.Iowa) (378 F.Supp.2d 880) (January 29, 2004) (Judge Mark W. Bennett) by The government moved for an anonymous jury in a death penalty case involving the alleged murder of five witnesses to defendant's drug-trafficking or other alleged criminal conduct. The government sought to protect …

U.S. v. Bergeson, No. 04-35312 (9th Cir.) (425 F.3d 1221) (October 13, 2005) (Judge Andrew J. Kleinfeld)

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

Filed under: Punch And Jurists, Subpoenas

U.S. v. Bergeson, No. 04-35312 (9th Cir.) (425 F.3d 1221) (October 13, 2005) (Judge Andrew J. Kleinfeld) by This case involved a Government subpoena of Nancy Bergeson, an Assistant Federal Public Defender, to testify against her own client, one Michael Casey, before a Grand Jury. Casey was indicted on drug …

Wilson v. Beard, No. 04-2461 (3rd Cir.) (426 F.3d 653) (October 13, 2005) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Batson Claims

Wilson v. Beard, No. 04-2461 (3rd Cir.) (426 F.3d 653) (October 13, 2005) (Judge Edward R. Becker) by Evidence was sufficient to establish that prosecutor acted with a discriminatory purpose when he used peremptory strikes against African-American jurors in petitioner's murder case, in violation of rule established in Batson v. …

Moore v. Parker, No. 03-6105 (6th Cir.) (425 F.3d 250) (October 4, 2005) (Judge Deborah L. Cook)

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

Filed under: Punch And Jurists

Moore v. Parker, No. 03-6105 (6th Cir.) (425 F.3d 250) (October 4, 2005) (Judge Deborah L. Cook) by “I have been a judge on this Court for more than twenty-five years. In that time I have seen many death penalty cases and I have applied the law as instructed by …

U.S. v. Lake, No. 04-3238-cr (2nd Cir.) (419 F.3d 111) (August 15, 2005) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Harmless Error

U.S. v. Lake, No. 04-3238-cr (2nd Cir.) (419 F.3d 111) (August 15, 2005) (Judge Jon O. Newman) by In this case, the Court explored when the mandatory application of the Sentencing Guidelines constitutes harmless error. It stated: "Once the Supreme Court fundamentally altered federal sentencing procedures by ruling in Booker …

U.S. v. Kappell, No. 04-1333 (6th Cir.) (418 F.3d 550) (September 9, 2005) (Judge Daniel M. Friedman)

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

Filed under: Punch And Jurists, Statements for Medical Diagnosis

U.S. v. Kappell, No. 04-1333 (6th Cir.) (418 F.3d 550) (September 9, 2005) (Judge Daniel M. Friedman) by In a prosecution for child sexual abuse, statements that the alleged victims made to a psychotherapist and a social worker who interviewed the alleged victims were admissible under the hearsay exception contained …

U.S. v. Gray, No. 04-80193 (E.D.Mich.) (382 F.Supp.2d 898) (May 10, 2005) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Gray, No. 04-80193 (E.D.Mich.) (382 F.Supp.2d 898) (May 10, 2005) (Judge Gerald E. Rosen) by A Federal prosecutor did not violate the defendant’s due process rights by charging him with Federal charges that carried a more onerous penalty after he rejected a plea agreement offered by the state …

Harbin-Bey v. Rutter, No. 04-1458 (6th Cir.) (420 F.3d 571) (July 22, 2005) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Right to Hearing

Harbin-Bey v. Rutter, No. 04-1458 (6th Cir.) (420 F.3d 571) (July 22, 2005) (Judge Ronald Lee Gilman) by Plaintiff inmate sued defendant prison officials under 42 U.S.C.S. § 1983, claiming that his designation as the leader of a Security Threat Group (STG) without a hearing violated his constitutional rights. The …

U.S. v. Johnson, No. 8:03CR463 (D.Neb.) (381 F.Supp.2d 1081) (July 28, 2005) (Judge Richard G. Kopf)

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

Filed under: Punch And Jurists, Fraud On the Court

U.S. v. Johnson, No. 8:03CR463 (D.Neb.) (381 F.Supp.2d 1081) (July 28, 2005) (Judge Richard G. Kopf) by The defendant, Donna Johnson, a social service worker for the Nebraska Health and Human Services agency, pled guilty, pursuant to a Type C plea agreement (Fed.R.Crim.P 11(c)(1)(C)), to certain charges arising out of …

U.S. v. Brown, No. 03-10479 (9th Cir.) (425 F.3d 681) (October 4, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Dismissal of Counts With Prejudice

U.S. v. Brown, No. 03-10479 (9th Cir.) (425 F.3d 681) (October 4, 2005) (Per Curiam) by This brief, per curiam decision is noted for an important principle governing the interpretation of plea agreements. The defendant pled guilty to 44 counts of various fraud charges (a number that, by itself, is …

U.S. v. Honken, No. CR 01-3047-MWB (N.D.Iowa) (381 F.Supp.2d 936) (July 29, 2005) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists

U.S. v. Honken, No. CR 01-3047-MWB (N.D.Iowa) (381 F.Supp.2d 936) (July 29, 2005) (Judge Mark W. Bennett) by Defendant was convicted on five counts of conspiracy murder and five counts of continuing criminal enterprise (CCE) murder in violation of 21 U.S.C.S. § 848(e)(1)(A). For the first time in more than …

Elmaghraby v. Ashcroft, No. 04 CV 1409 (JG) (SMG) (E.D.N.Y.) (2005 U.S. Dist. LEXIS 21434) (September 27, 2005) (Judge John Gleeson)

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

Filed under: War on Terror, Punch And Jurists

Elmaghraby v. Ashcroft, No. 04 CV 1409 (JG) (SMG) (E.D.N.Y.) (2005 U.S. Dist. LEXIS 21434) (September 27, 2005) (Judge John Gleeson) by This is another of the growing breed of cases that exposes the Government’s predilection to use its fight against terrorism as a means of taking away or suspending …

Bonebrake v. Norris, No. 03-4012 (8th Cir.) (417 F.3d 938) (August 9, 2005) (Judge Steven M. Colloton)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

Bonebrake v. Norris, No. 03-4012 (8th Cir.) (417 F.3d 938) (August 9, 2005) (Judge Steven M. Colloton) by Reversing the district court, the Eighth Circuit held that the state’s four year delay in incarcerating the defendant after her conviction became final did not amount to a waiver of jurisdiction over …

Humanitarian Law Project v. Gonzales, No. CV98-1971ABCRCX (C.D.Cal.) (380 F.Supp.2d 1134) (July 25, 2005) (Judge Audrey B. Collins)

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

Filed under: Punch And Jurists, Material Support Ban

Humanitarian Law Project v. Gonzales, No. CV98-1971ABCRCX (C.D.Cal.) (380 F.Supp.2d 1134) (July 25, 2005) (Judge Audrey B. Collins) by Plaintiffs, five organizations and two individuals seeking to support the lawful, nonviolent activities of two organizations that had been designated as foreign terrorist organizations, filed a constitutional challenge to portions of …

U.S. v. Williams, No. 03-4091 (7th Cir.) (425 F.3d 478) (October 6, 2005) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Williams, No. 03-4091 (7th Cir.) (425 F.3d 478) (October 6, 2005) (Judge Ilana Diamond Rovner) by Prior to the Supreme Court’s decision in U.S. v. Booker, 125 S.Ct. 621 (2005), appellate review of sentencing decisions essentially hinged on the district court’s application of the (then-mandatory) Guidelines. In Booker, …

U.S. v. Rivera-Guerrero, No. 04-50493 (9th Cir.) (426 F.3d 1130) (October 19, 2005) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Rivera-Guerrero, No. 04-50493 (9th Cir.) (426 F.3d 1130) (October 19, 2005) (Judge Stephen Reinhardt) by In a brilliant decision by Judge Reinhardt, the Ninth Circuit has issued a comprehensive review of the law on involuntary medicating incompetent defendants pretrial. The case involved the forced medication of an alien …

U.S. v. Fisher, No. S3 03 CR 1501 (SAS) (S.D.N.Y.) (451 F.Supp.2d 553) (October 11, 2005) (Judge Shira A. Scheindlin)

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

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

U.S. v. Fisher, No. S3 03 CR 1501 (SAS) (S.D.N.Y.) (451 F.Supp.2d 553) (October 11, 2005) (Judge Shira A. Scheindlin) by Judge Scheindlin started this decision by stating: "In the 11 years that I have served as a district court judge, I have been troubled by the exceedingly harsh sentences …