Search | Punch and Jurists

Whalen v. U.S., No. 97-8165 (U.S. Supreme Court) (445 U.S. 684; 100 S.Ct. 1432) (April 16, 1980) (Justice Stewart)

Article • August 6, 2005

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

Whalen v. U.S., No. 97-8165 (U.S. Supreme Court) (445 U.S. 684; 100 S.Ct. 1432) (April 16, 1980) (Justice Stewart) by The defendant in this case was charged with and convicted of both rape and felony murder on the basis of the same rape. He was sentenced to consecutive terms of …

Cleveland v. U.S., No. 99-804 (U.S. Supreme Court) (531 U.S. 12; 121 S.Ct. 365) (November 7, 2000) (Justice Ginsburg)

Article • August 6, 2005 • from P&J October, 2000

Filed under: Punch And Jurists, Not "Property"

Cleveland v. U.S., No. 99-804 (U.S. Supreme Court) (531 U.S. 12; 121 S.Ct. 365) (November 7, 2000) (Justice Ginsburg) by Warning against “a sweeping expansion” of Federal criminal jurisdiction, the Supreme Court vacated the mail fraud convictions of a Louisiana lawyer (which had also served as the predicates for his …

Gideon v. Wainwright, No. 155 (U.S. Supreme Court) (372 U.S. 335; 83 S.Ct. 792) (March 18, 2063) (Justice Black)

Article • August 5, 2005

Filed under: Punch And Jurists, Indigent Defendants - Fees and Expenses

Gideon v. Wainwright, No. 155 (U.S. Supreme Court) (372 U.S. 335; 83 S.Ct. 792) (March 18, 2063) (Justice Black) by In this case, a unanimous Court held "that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be …

Jackson v. Virginia, No. 78-5283 (U.S. Supreme Court) (443 U.S. 307; 99 S.Ct. 2781) (June 28, 1979) (Justice Stewart)

Article • August 4, 2005

Filed under: Punch And Jurists

Jackson v. Virginia, No. 78-5283 (U.S. Supreme Court) (443 U.S. 307; 99 S.Ct. 2781) (June 28, 1979) (Justice Stewart) by This case is considered by some commentators to be the Supreme Court's governing precedent for sufficiency of evidence claims. Here, the Court stated: "This is the first of our cases …

Swidler & Berlin v. U.S., No. 97-1192 (U.S. Supreme Court) (524 U.S. 399; 118 S.Ct. 2081) (June 25, 1998) (Justice Rehnquist)

Article • August 3, 2005

Filed under: Punch And Jurists, Attorney/Client

Swidler & Berlin v. U.S., No. 97-1192 (U.S. Supreme Court) (524 U.S. 399; 118 S.Ct. 2081) (June 25, 1998) (Justice Rehnquist) by In this case, the Office of the Independent Counsel subpoenaed the notes of Vincent Foster's attorney. Independent counsel argued that since Foster had died, the attorney-client privilege should …

Glover v. U.S., No. 99-8576 (U.S. Supreme Court) (531 U.S. 198; 121 S.Ct. 696) (January 9, 2001) (Justice Kennedy)

Article • August 3, 2005

Filed under: Punch And Jurists, Strickland Standard

Glover v. U.S., No. 99-8576 (U.S. Supreme Court) (531 U.S. 198; 121 S.Ct. 696) (January 9, 2001) (Justice Kennedy) by In a decision that may foreshadow an increase in claims of ineffective assistance of counsel at sentencing, the Supreme Court has ruled that it was improper for the Seventh Circuit …

Hayes v. Florida, No. 83-6766 (U.S. Supreme Court) (470 U.S. 811; 105 S.Ct. 1643) (March 20, 1985) (Justice White)

Article • August 1, 2005

Filed under: Punch And Jurists, Fingerprint Evidence

Hayes v. Florida, No. 83-6766 (U.S. Supreme Court) (470 U.S. 811; 105 S.Ct. 1643) (March 20, 1985) (Justice White) by The Court held that where there was no probable cause to arrest petitioner, no consent to the journey to the police station, and no prior judicial authorization for detaining him, …

Bumper v. North Carolina, No. 1016 (U.S. Supreme Court) (391 U.S. 543; 88 S.Ct. 1788) (June 3, 2068) (Justice Stewart)

Article • August 1, 2005

Filed under: Punch And Jurists, Consent

Bumper v. North Carolina, No. 1016 (U.S. Supreme Court) (391 U.S. 543; 88 S.Ct. 1788) (June 3, 2068) (Justice Stewart) by Case held that when the prosecution seeks to rely on consent to justify the lawfulness of a search, it has the burden of proving the consent was freely and …

U.S. v. Wilson, No. 04-1918 (3rd Cir.) (413 F.3d 382) (July 1, 2005) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists

U.S. v. Wilson, No. 04-1918 (3rd Cir.) (413 F.3d 382) (July 1, 2005) (Judge Thomas L. Ambro) by This case is noted for Judge Aldisert’s spirited dissent in which he found “appalling” the Government’s “blatant judge shopping” which it accomplished by ignoring its own double jeopardy guidelines, known as the …

U.S. v. Chauncey, No. 04-1529 (8th Cir.) (420 F.3d 864) (August 25, 2005) (Judge Steven M. Colloton)

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

Filed under: Eighth Amendment, Punch And Jurists

U.S. v. Chauncey, No. 04-1529 (8th Cir.) (420 F.3d 864) (August 25, 2005) (Judge Steven M. Colloton) by This case is noted for Judge Lay’s blistering dissent in which he condemned as cruel and unusual punishment a 100-month sentence imposed on the defendant for purchasing less than 2 ounces of …

U.S. v. Barnett, No. 04-3646 (7th Cir.) (415 F.3d 690) (July 18, 2005) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Condition of Probation

U.S. v. Barnett, No. 04-3646 (7th Cir.) (415 F.3d 690) (July 18, 2005) (Judge Richard A. Posner) by U.S. v. Scott, 424 F.3d 888 (9th Cir. 09/09/05) (Judge Kozinski) U.S. v. Barnett, 415 F.3d 690 (7th Cir. 2005) (Judge Posner) Both of these cases address an issue that the Supreme …

U.S. v. Farr, No. 04-3502 (7th Cir.) (419 F.3d 621) (August 17, 2005) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Farr, No. 04-3502 (7th Cir.) (419 F.3d 621) (August 17, 2005) (Judge Joel L. Flaum) by The defendant was convicted of bank fraud and related crimes; and he was sentenced to 27 months in prison and five years of supervised release. Upon his release from prison, the Probation …

U.S. v. Chaudhry, No. 04-50421 (9th Cir.) (424 F.3d 1051) (September 14, 2005) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Destructive Searches

U.S. v. Chaudhry, No. 04-50421 (9th Cir.) (424 F.3d 1051) (September 14, 2005) (Judge Betty Binns Fletcher) by Dora Chaudhry appealed from her conditional-plea conviction for importation of marijuana in violation of 18 U.S.C. §§ 952 and 960 on the grounds that border agents conducted an unreasonable search of her …

Doe v. Gonzales, No. 3:05-cv-1256 (JCH) (D.Conn.) (386 F.Supp.2d 66) (September 9, 2005) (Judge Janet C. Hall)

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

Filed under: Punch And Jurists, National Security Letters

Doe v. Gonzales, No. 3:05-cv-1256 (JCH) (D.Conn.) (386 F.Supp.2d 66) (September 9, 2005) (Judge Janet C. Hall) by Here Judge Hall lifted a gag order that shielded the identity of librarians who received a National Security Letter from the FBI under a provision of the Patriot Act (18 USC § …

King v. Federal Bureau of Prisons, No. 03-2431 (7th Cir.) (415 F.3d 634) (July 13, 2005) (Judge Richard A. Posner)

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

Filed under: First Amendment, Punch And Jurists

King v. Federal Bureau of Prisons, No. 03-2431 (7th Cir.) (415 F.3d 634) (July 13, 2005) (Judge Richard A. Posner) by This decision contains a rare and detailed discussion of the BOP’s “no business” regulation (28 C.F.R. § 540.14(d)(4)), which prohibits prisoners from conducting business from prison. The plaintiff, Anthony …

U.S. v. Afshari, No. 02-50355 (9th Cir.) (412 F.3d 1071) (June 17, 2005) (Judge Andrew J. Kleinfeld)

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

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

U.S. v. Afshari, No. 02-50355 (9th Cir.) (412 F.3d 1071) (June 17, 2005) (Judge Andrew J. Kleinfeld) by The United States District Court for the Central District of California dismissed an indictment charging defendants with knowingly and willfully conspiring to provide material support to a designated terrorist organization in violation …

U.S. v. Kortgaard, No. 03-10421 (9th Cir.) (425 F.3d 602) (September 21, 2005) (Judge Melvin Brunetti)

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

Filed under: Punch And Jurists, Prior Conviction Exception

U.S. v. Kortgaard, No. 03-10421 (9th Cir.) (425 F.3d 602) (September 21, 2005) (Judge Melvin Brunetti) by Laron Kortgaard was convicted of manufacturing 50 or more marijuana plants, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). Based on his criminal history, Kortgaard’s Guideline sentencing range was 21 to 27 …

U.S. v. Smith, No. 03-10548 (9th Cir.) (424 F.3d 992) (September 13, 2005) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Smith, No. 03-10548 (9th Cir.) (424 F.3d 992) (September 13, 2005) (Judge Michael Daly Hawkins) by Rule 32(i)(4)(A)(ii) of the Fed.R.Crim.P. states that, before imposing sentence, the district court must address the defendant personally “in order to permit the defendant to speak or present any information to mitigate …

U.S. v. Amaya-Portillo, No. 04-4672 (4th Cir.) (423 F.3d 427) (September 6, 2005) (Judge James C. Cacheris)

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

Filed under: Punch And Jurists, Illegal Reentry

U.S. v. Amaya-Portillo, No. 04-4672 (4th Cir.) (423 F.3d 427) (September 6, 2005) (Judge James C. Cacheris) by U.S. v. Amaya-Portillo, 423 F.3d 427 (4th Cir. 09/06/05) (Judge Cacheris) Lopez v. Gonzalez, 417 F.3d 934 (8th Cir. 09/09/05) (Judge Gruender) In Amaya-Portillo, a divided panel from the Fourth Circuit reversed …

Enwonwu v. Chertoff, No. Civ.A. 05-10511-WGY (D.Mass.) (376 F.Supp.2d 42) (July 12, 2005) (Judge William G. Young)

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

Filed under: Punch And Jurists, The Real ID Act

Enwonwu v. Chertoff, No. Civ.A. 05-10511-WGY (D.Mass.) (376 F.Supp.2d 42) (July 12, 2005) (Judge William G. Young) by Never once to mince words, Judge Young started this 134-page opus by noting some of the pernicious (but little known) consequences of The REAL ID Act of 2005 as follows: “Arrested by …