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U.S. v. Hall, No. 04-50193 (9th Cir.) (419 F.3d 980) (August 15, 2005) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Supervised Release

U.S. v. Hall, No. 04-50193 (9th Cir.) (419 F.3d 980) (August 15, 2005) (Judge Kim McLane Wardlaw) by The Sixth Amendment right to confront testimonial witnesses, established in Crawford v. Washington, 541 U.S. 36 (2004), does not apply to the admission of hearsay evidence during revocation of supervised release proceedings. …

U.S. v. Rodriguez, No. 04-4157-cr (2nd Cir.) (416 F.3d 123) (July 20, 2005) (Judge Chester J. Straub)

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

Filed under: Punch And Jurists, Illegal Reentry

U.S. v. Rodriguez, No. 04-4157-cr (2nd Cir.) (416 F.3d 123) (July 20, 2005) (Judge Chester J. Straub) by Here the Second Circuit held that the crime of attempted reentry into the United States following deportation, in violation of 8 U.S.C. § 1326(a), is not a specific intent offense, and thus …

Bockting v. Bayer, No. 02-15866 (9th Cir.) (418 F.3d 1055) (August 11, 2005) (Per Curiam)

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

Filed under: Retroactivity, Punch And Jurists

Bockting v. Bayer, No. 02-15866 (9th Cir.) (418 F.3d 1055) (August 11, 2005) (Per Curiam) by Here, over the dissent of nine judges (who generally represent the conservative side of the Court), the Ninth Circuit declined to rehear en banc its earlier decision reported at Bockting v. Bayer, 399 F.3d …

U.S. v. Ayers, No. 04-0103 (2nd Cir.) (416 F.3d 131) (July 21, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Ayers, No. 04-0103 (2nd Cir.) (416 F.3d 131) (July 21, 2005) (Per Curiam) by The issue in this case was whether the defendant's effort to obstruct the state's investigation of his crime, which preceded the federal investigation and prosecution of a different but related crime, triggered the obstruction …

U.S. v. Rivera, No. 04-5480-cr (2nd Cir.) (415 F.3d 284) (July 18, 2005) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Definitions

U.S. v. Rivera, No. 04-5480-cr (2nd Cir.) (415 F.3d 284) (July 18, 2005) (Judge John M. Jr. Walker) by Here the Second Circuit joined five other circuits in holding that an inoperable firearm falls within the definition of a firearm under 18 U.S.C. § 921(a)(3). “Firearm” is defined by the …

U.S. v. Young, No. 3:98-00038 (M.D.Tenn.) (376 F.Supp.2d 787) (April 22, 2005) (Judge John T. Nixon)

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

Filed under: Punch And Jurists, Bifurcation

U.S. v. Young, No. 3:98-00038 (M.D.Tenn.) (376 F.Supp.2d 787) (April 22, 2005) (Judge John T. Nixon) by Here Judge Nixon joined with Judge Gertner in calling for separate twin juries in a capital case under the Federal Death Penalty Act - one for the determination of guilt and the other, …

Heller v. New York, No. 71-1043 (U.S. Supreme Court) (413 U.S. 493; 93 S.Ct. 2789) (June 25, 1973) (Justice Burger)

Article • July 30, 2005

Filed under: Punch And Jurists

Heller v. New York, No. 71-1043 (U.S. Supreme Court) (413 U.S. 493; 93 S.Ct. 2789) (June 25, 1973) (Justice Burger) by The issue before the Court in this case was "whether a judicial officer authorized to issue warrants, who has viewed a film and finds it to be obscene, can …

Roaden v. Kentucky, No. 71-1134 (U.S. Supreme Court) (413 U.S. 496; 93 S.Ct. 2796) (June 25, 1973) (Justice Burger)

Article • July 30, 2005

Filed under: Punch And Jurists, Pornography/Pornography Laws

Roaden v. Kentucky, No. 71-1134 (U.S. Supreme Court) (413 U.S. 496; 93 S.Ct. 2796) (June 25, 1973) (Justice Burger) by The question presented in this case was whether the seizure of allegedly obscene material, contemporaneous with and as an incident to an arrest for the public exhibition of such material …

Prince v. U.S., No. 132 (U.S. Supreme Court) (352 U.S. 322; 77 S.Ct. 403) (February 5, 2057) (Justice Warren)

Article • July 30, 2005

Filed under: Punch And Jurists

Prince v. U.S., No. 132 (U.S. Supreme Court) (352 U.S. 322; 77 S.Ct. 403) (February 5, 2057) (Justice Warren) by In this case the issue before the Court was whether unlawful entry and robbery under 18 U.S.C. § 2113(a) are two offenses consecutively punishable in a typical bank robbery situation. …

Crane v. Kentucky, No. 85-5238 (U.S. Supreme Court) (476 U.S. 683; 106 S.Ct. 2142) (June 9, 1986) (Justice O'Connor)

Article • July 21, 2005

Filed under: Punch And Jurists, Defense - Right to Present

Crane v. Kentucky, No. 85-5238 (U.S. Supreme Court) (476 U.S. 683; 106 S.Ct. 2142) (June 9, 1986) (Justice O'Connor) by In this case, the trial court had conducted a pretrial hearing and determined that the petitioner's confession was given voluntarily. Subsequently at trial, the petitioner sought to introduce testimony about …

U.S. v. Jordi, No. 04-14046 (11th Cir.) (418 F.3d 1212) (August 1, 2005) (Judge L. Scott Coogler)