Search | Punch and Jurists

Al-Marri v. Hanft, No. Civ.A. 2:042257HFFRSC (D.S.C.) (378 F.Supp.2d 673) (July 8, 2005) (Judge Henry F. Floyd)

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

Filed under: Punch And Jurists

Al-Marri v. Hanft, No. Civ.A. 2:042257HFFRSC (D.S.C.) (378 F.Supp.2d 673) (July 8, 2005) (Judge Henry F. Floyd) by Petitioner enemy combatant filed an application for a writ of habeas corpus under 28 U.S.C.S. § 2241. The combatant filed a motion for summary judgment. The combatant was a Qatari national who …

U.S. v. Honken, No. CR 01-3047-MWB (N.D.Iowa) (378 F.Supp.2d 925) (May 14, 2005) (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 925) (May 14, 2005) (Judge Mark W. Bennett) by Defendant was charged with a capital crime. The government filed a motion for an anonymous jury pursuant to 18 U.S.C.S. § 3432. The government's motion was granted. Defendant moved for reconsideration. Seven …

In Re: United States of America, No. 05-2358 (1st Cir.) (426 F.3d 1) (October 7, 2005) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Bias/Discrimination

In Re: United States of America, No. 05-2358 (1st Cir.) (426 F.3d 1) (October 7, 2005) (Judge Michael Boudin) by In U.S. v. Green, 389 F.Supp.2d 29, 2005 U.S. Dist. LEXIS 19037 (D.Mass. Sept. 2, 2005), a capital case involving two African-American defendants, Judge Nancy Gertner crafted a landmark ruling …

U.S. v. Smith, No. 03-1588 (2nd Cir.) (426 F.3d 567) (October 17, 2005) (Judge Barrington D. Jr. Parker)

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

Filed under: Punch And Jurists, Closure of Courtroom

U.S. v. Smith, No. 03-1588 (2nd Cir.) (426 F.3d 567) (October 17, 2005) (Judge Barrington D. Jr. Parker) by Wendell Smith was charged with possession of a weapon by a convicted felon; and he was tried in the U.S. District Courthouse in Rochester, NY. The U.S. Marshals Service, In response …

U.S. v. Honken, No. CR 01-3047-MWB (N.D.Iowa) (378 F.Supp.2d 1010) (July 21, 2005) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Restraint of Defendant

U.S. v. Honken, No. CR 01-3047-MWB (N.D.Iowa) (378 F.Supp.2d 1010) (July 21, 2005) (Judge Mark W. Bennett) by In a death penalty case, involving the alleged murder of five witnesses to defendant's drug-trafficking or other alleged criminal conduct, the government filed under seal a motion to have defendant wear a …

U.S. v. Holtz, No. 03-30057 (C.D.Ill.) (379 F.Supp.2d 988) (August 3, 2005) (Judge Richard Mills)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses/Expenses

U.S. v. Holtz, No. 03-30057 (C.D.Ill.) (379 F.Supp.2d 988) (August 3, 2005) (Judge Richard Mills) by Here, Judge Mills denied the motion of defense counsel, who was appointed to represent the indigent defendant pursuant to the provisions of the Criminal Justice Act (“CJA”) (18 U.S.C. § 3006, et seq.), for …

U.S. v. Amante, No. 05-3067-op (2nd Cir.) (418 F.3d 220) (August 9, 2005) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Bifurcation

U.S. v. Amante, No. 05-3067-op (2nd Cir.) (418 F.3d 220) (August 9, 2005) (Judge John M. Jr. Walker) by The issue before the Court in this case was whether a district court may bifurcate a single-count felon in possession trial pursuant to 18 U.S.C. § 922(g)(1) absent the government's consent. …

U.S. v. Honken, No. CR 01-3047-MWB (N.D.Iowa) (380 F.Supp.2d 996) (November 26, 2003) (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) (380 F.Supp.2d 996) (November 26, 2003) (Judge Mark W. Bennett) by

Barker v. Wingo, No. 71-5255 (U.S. Supreme Court) (407 U.S. 514; 92 S.Ct. 2182) (June 22, 1972) (Justice Powell)

Article • August 31, 2005

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

Barker v. Wingo, No. 71-5255 (U.S. Supreme Court) (407 U.S. 514; 92 S.Ct. 2182) (June 22, 1972) (Justice Powell) by The petitioner in this case was not brought to trial for murder until more than five years after he had been arrested, during which time the prosecution obtained numerous continuances, …

Petite v. U.S., No. 45 (U.S. Supreme Court) (361 U.S. 529; 80 S.Ct. 450) (February 23, 2060) (Per Curiam)

Article • August 28, 2005 • from P&J October, 2006

Filed under: Punch And Jurists

Petite v. U.S., No. 45 (U.S. Supreme Court) (361 U.S. 529; 80 S.Ct. 450) (February 23, 2060) (Per Curiam) by This decision gave rise to the term "Petite policy" under which the Government follows a general policy that has nothing to do with its rights under the Double Jeopardy Clause, …

Mapp v. Ohio, No. 236 (U.S. Supreme Court) (367 U.S. 643; 81 S.Ct. 1684) (June 19, 2061) (Justice Clark)

Article • August 27, 2005

Filed under: Punch And Jurists, Exclusionary Rule

Mapp v. Ohio, No. 236 (U.S. Supreme Court) (367 U.S. 643; 81 S.Ct. 1684) (June 19, 2061) (Justice Clark) by Here the Supreme Court extended the application of the exclusionary rule to State prosecutions. In Weeks v. U.S., 232 U.S. 383 (1914), the Court first articulated the exclusionary rule under …

Taylor v. U.S., No. 88-7194 (U.S. Supreme Court) (495 U.S. 575; 110 S.Ct. 2143) (May 29, 1990) (Justice Blackmun)

Article • August 18, 2005

Filed under: Punch And Jurists

Taylor v. U.S., No. 88-7194 (U.S. Supreme Court) (495 U.S. 575; 110 S.Ct. 2143) (May 29, 1990) (Justice Blackmun) by In this case the Court considered whether the defendant's prior burglary convictions constituted the requisite predicate "burglary" offense that qualified for the enhancement se5t forth in 18 U.S.C. § 924(e). …

Illinois v. Gates, No. 81-430 (U.S. Supreme Court) (462 U.S. 213; 103 S.Ct. 2317) (June 8, 1983) (Justice Rehnquist)

Article • August 18, 2005

Filed under: Punch And Jurists, Probable/Proximate Cause

Illinois v. Gates, No. 81-430 (U.S. Supreme Court) (462 U.S. 213; 103 S.Ct. 2317) (June 8, 1983) (Justice Rehnquist) by In this case the Court was faced with the adequacy of a search warrant and it emphasized that a reviewing magistrate's probable cause determination must be based upon "a 'substantial …

U.S. v. Robinson, No. 72-936 (U.S. Supreme Court) (414 U.S. 218; 94 S.Ct. 467) (December 11, 1973) (Justice Rehnquist)

Article • August 12, 2005

Filed under: Punch And Jurists, Search of Containers

U.S. v. Robinson, No. 72-936 (U.S. Supreme Court) (414 U.S. 218; 94 S.Ct. 467) (December 11, 1973) (Justice Rehnquist) by Case held that a search incident to a valid arrest is not limited to the suspects' outter clothing and removal of weapons that the officer believes the suspect has in …

Monell v. Department of Soc. Servs. of New York, No. 75-1914 (U.S. Supreme Court) (436 U.S. 658; 98 S.Ct. 2018) (June 6, 1978) (Justice Brennan)

Article • August 12, 2005

Filed under: Punch And Jurists, Monell Liability

Monell v. Department of Soc. Servs. of New York, No. 75-1914 (U.S. Supreme Court) (436 U.S. 658; 98 S.Ct. 2018) (June 6, 1978) (Justice Brennan) by In this seminal case on the scope of municipal liability in a civil rights lawsuit and the availability of the defense of absolute and/or …

Oliver v. U.S., No. 82-15 (U.S. Supreme Court) (466 U.S. 170; 104 S.Ct. 1735) (April 17, 1984) (Justice Powell)

Article • August 12, 2005

Filed under: Punch And Jurists, Searches - Home/Curtilage

Oliver v. U.S., No. 82-15 (U.S. Supreme Court) (466 U.S. 170; 104 S.Ct. 1735) (April 17, 1984) (Justice Powell) by In this case the Court held than "an individual has no legitimate expectation that open fields will remain free from warrantless intrusion by government officers" (id., at 181), thus affirming …

Evans v. U.S., No. 90-6105 (U.S. Supreme Court) (504 U.S. 255; 112 S.Ct. 1881) (May 26, 1992) (Justice Stevens)

Article • August 10, 2005

Filed under: Punch And Jurists

Evans v. U.S., No. 90-6105 (U.S. Supreme Court) (504 U.S. 255; 112 S.Ct. 1881) (May 26, 1992) (Justice Stevens) by Here the Supreme Court held that "the [g]overnment need only show that a public official has obtained a payment to which he was not entitled, knowing that the payment was …

Atkins v. Virginia, No. 00-8452 (U.S. Supreme Court) (536 U.S. 304; 122 S.Ct. 2242) (June 20, 2002) (Justice Stevens)

Article • August 9, 2005 • from P&J June, 2002

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

Atkins v. Virginia, No. 00-8452 (U.S. Supreme Court) (536 U.S. 304; 122 S.Ct. 2242) (June 20, 2002) (Justice Stevens) by More than any other topic, the death penalty seems to divide the Supreme Court Justices into bitter, warring camps. In this case, a 6-to-3 majority of the Court held that …

Murray v. U.S., No. 86-995 (U.S. Supreme Court) (487 U.S. 533; 108 S.Ct. 2529) (June 27, 1988) (Justice Scalia)

Article • August 8, 2005

Filed under: Punch And Jurists, Independent Source Doctrine

Murray v. U.S., No. 86-995 (U.S. Supreme Court) (487 U.S. 533; 108 S.Ct. 2529) (June 27, 1988) (Justice Scalia) by In this case, police officers, who had reason to believe that a warehouse held contraband, forced entry into the warehouse, where they saw burlap covered bales. They did not disturb …

U.S. v. Gouveia, No. 83-128 (U.S. Supreme Court) (467 U.S. 180; 104 S.Ct. 2292) (May 29, 1984) (Justice Rehnquist)

Article • August 6, 2005

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Gouveia, No. 83-128 (U.S. Supreme Court) (467 U.S. 180; 104 S.Ct. 2292) (May 29, 1984) (Justice Rehnquist) by The Court stated: "In a line of constitutional cases in this Court stemming back to the Court's landmark decision in Powell v. Alabama [287 U.S. 45 (1932)] it has been …