Search | Punch and Jurists

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (372 F.Supp.2d 786) (June 9, 2005) (Judge William K. III Sessions)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (372 F.Supp.2d 786) (June 9, 2005) (Judge William K. III Sessions) by Defendant, who was on trial for capital murder, challenged a juror for cause, arguing that the juror was not able to fairly consider certain kinds of mitigating evidence and impartially weigh expert …

U.S. v. Schwartz, No. Crim. No. 03-35-1 (E.D.Pa.) (379 F.Supp.2d 716) (July 26, 2005) (Judge Stewart Dalzell)

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

Filed under: Punch And Jurists, Blakely/Booker

U.S. v. Schwartz, No. Crim. No. 03-35-1 (E.D.Pa.) (379 F.Supp.2d 716) (July 26, 2005) (Judge Stewart Dalzell) by

In Re: Grand Jury Subpoena, No. 04-30508 (5th Cir.) (419 F.3d 329) (July 27, 2005) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Crime Fraud Exception

In Re: Grand Jury Subpoena, No. 04-30508 (5th Cir.) (419 F.3d 329) (July 27, 2005) (Judge Harold R. Jr. DeMoss) by Here the Court granted the defendant's motion to quash a grand jury subpoena, seeking testimony from his former counsel, where the government did not make the prima facie showing …

U.S. v. Creamer, No. 04 CR 281 (N.D.Ill.) (370 F.Supp.2d 715) (April 8, 2005) (Judge James B. Moran)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Creamer, No. 04 CR 281 (N.D.Ill.) (370 F.Supp.2d 715) (April 8, 2005) (Judge James B. Moran) by The defendant in this case was indicted in 2004 for various bank fraud and income tax violations which arose out of a check-kiting scheme that he allegedly orchestrated while serving as …

U.S. v. Krueger, No. 04-2539 (7th Cir.) (415 F.3d 766) (July 28, 2005) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Evidence - Admissibility

U.S. v. Krueger, No. 04-2539 (7th Cir.) (415 F.3d 766) (July 28, 2005) (Judge Ilana Diamond Rovner) by

Henderson v. Morgan, No. 74-1529 (U.S. Supreme Court) (426 U.S. 637; 96 S.Ct. 2253) (June 17, 1976) (Justice Stevens)

Article • June 26, 2005

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Henderson v. Morgan, No. 74-1529 (U.S. Supreme Court) (426 U.S. 637; 96 S.Ct. 2253) (June 17, 1976) (Justice Stevens) by In this case the Court vacated a guilty plea to a charge of second-degree murder because neither the petitioner's attorney not the court informed the petitioner that intent to cause …

Felker v. Turpin, No. 95-8836 (U.S. Supreme Court) (518 U.S. 651; 116 S.Ct. 2333) (June 28, 1996) (Per Curiam)

Article • June 24, 2005

Filed under: Retroactivity, Punch And Jurists

Felker v. Turpin, No. 95-8836 (U.S. Supreme Court) (518 U.S. 651; 116 S.Ct. 2333) (June 28, 1996) (Per Curiam) by In this case, the Supreme Court unanimously held the new habeas corpus limitations in the Anti-Terrorism and Effective Death Penalty Act (AEDPA) are constitutional. This act precludes a successive application …

South Dakota v. Opperman, No. 75-76 (U.S. Supreme Court) (428 U.S. 364; 96 S.Ct. 3092) (July 6, 1976) (Justice Burger)

Article • June 15, 2005

Filed under: Punch And Jurists, Community Caretaking Exception/Doctrine

South Dakota v. Opperman, No. 75-76 (U.S. Supreme Court) (428 U.S. 364; 96 S.Ct. 3092) (July 6, 1976) (Justice Burger) by In a case where the Court amplified on its "community care exception" to the warrant requirement, it also delved into inventory searches and defined three permissible purposes of such …

Arthur Andersen LLP v. U.S., No. 04-368 (U.S. Supreme Court) (544 U.S. 696; 125 S.Ct. 2129) (May 31, 2005) (Justice Rehnquist)

Article • June 15, 2005 • from P&J May, 2005

Filed under: Punch And Jurists, Essential Elements of Crime

Arthur Andersen LLP v. U.S., No. 04-368 (U.S. Supreme Court) (544 U.S. 696; 125 S.Ct. 2129) (May 31, 2005) (Justice Rehnquist) by Here a unanimous Court overturned the criminal conviction for obstruction of justice of the auditing giant, Arthur Andersen LLP, because of faulty jury instructions that failed to convey …

U.S. v. Lopez, No. 93-1260 (U.S. Supreme Court) (514 U.S. 549; 115 S.Ct. 1624) (April 26, 1995) (Justice Rehnquist)

Article • June 13, 2005

Filed under: Punch And Jurists, Gun Free School Zones Act

U.S. v. Lopez, No. 93-1260 (U.S. Supreme Court) (514 U.S. 549; 115 S.Ct. 1624) (April 26, 1995) (Justice Rehnquist) by In this case the Supreme Court invalidated the Gun Free School Zones Act of 1990, which made it a federal offense "for any individual knowingly to possess a firearm at …

Wickard v. Filburn, No. 59 (U.S. Supreme Court) (317 U.S. 111; 63 S.Ct. 82) (November 9, 2042) (Justice Jackson)

Article • June 8, 2005

Filed under: Punch And Jurists, Interstate Commerce - Effect on

Wickard v. Filburn, No. 59 (U.S. Supreme Court) (317 U.S. 111; 63 S.Ct. 82) (November 9, 2042) (Justice Jackson) by In this case, the Supreme Court upheld the application of regulations promulgated under the Agricultural Adjustment Act of 1938, 52 Stat. 31, which were designed to control the volume of …

Cutter v. Wilkinson, No. 03-9877 (U.S. Supreme Court) (544 U.S. 709; 125 S.Ct. 2113) (May 31, 2005) (Justice Ginsburg)

Article • June 7, 2005 • from P&J May, 2005

Filed under: Punch And Jurists, Religious Land Use and Institutionalized Persons Act (RLUIPA)

Cutter v. Wilkinson, No. 03-9877 (U.S. Supreme Court) (544 U.S. 709; 125 S.Ct. 2113) (May 31, 2005) (Justice Ginsburg) by Here the Court reversed a Sixth Circuit decision which held that section 3 of the RLUIP was facially unconstitutional, thereby upholding a Federal law that requires State prison officials to …

California v. Acevedo, No. 89-1690 (U.S. Supreme Court) (500 U.S. 565; 111 S.Ct. 1982) (May 30, 1991) (Justice Blackmun)

Article • June 3, 2005

Filed under: Punch And Jurists, Searches - Automobile

California v. Acevedo, No. 89-1690 (U.S. Supreme Court) (500 U.S. 565; 111 S.Ct. 1982) (May 30, 1991) (Justice Blackmun) by Case held that police, in a search extending only to a container within an automobile, may search the container without a warrant where they have probable cause to believe that …

Arkansas v. Sanders, No. 77-1479 (U.S. Supreme Court) (442 U.S. 753; 99 S.Ct. 2586) (June 20, 1979) (Justice Powell)

Article • June 3, 2005

Filed under: Punch And Jurists, Single-purpose container exception

Arkansas v. Sanders, No. 77-1479 (U.S. Supreme Court) (442 U.S. 753; 99 S.Ct. 2586) (June 20, 1979) (Justice Powell) by In this case, the Court established the "single-purpose container" exception to the warrant requirement - a concept that was later elaborated on in Robbins v. California, 453 U.S. 420 (1981). …

Robbins v. California, No. 80-148 (U.S. Supreme Court) (453 U.S. 420; 101 S.Ct. 2841) (July 1, 1981) (Justice Stewart)

Article • June 2, 2005

Filed under: Punch And Jurists, Single-purpose container exception

Robbins v. California, No. 80-148 (U.S. Supreme Court) (453 U.S. 420; 101 S.Ct. 2841) (July 1, 1981) (Justice Stewart) by The petitioner in this case sought review of his conviction for various drug offenses. The California state courts upheld the conviction, finding that defendant's pretrial motion to suppress was properly …

U.S. v. Hensley, No. 83-1330 (U.S. Supreme Court) (469 U.S. 221; 105 S.Ct. 675) (January 8, 1985) (Justice O'Connor)

Article • June 2, 2005

Filed under: Punch And Jurists, Collective Knowledge Doctrine

U.S. v. Hensley, No. 83-1330 (U.S. Supreme Court) (469 U.S. 221; 105 S.Ct. 675) (January 8, 1985) (Justice O'Connor) by In this case, the Supreme Court considered whether a "wanted flyer" issued by a law enforcement agency that an individual was involved in a robbery can be relied upon by …

U.S. v. King, No. 6:03-1092-HMH (D.S.C.) (368 F.Supp.2d 509) (May 11, 2005) (Judge Henry M. Jr. Herlong)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. King, No. 6:03-1092-HMH (D.S.C.) (368 F.Supp.2d 509) (May 11, 2005) (Judge Henry M. Jr. Herlong) by Some two weeks after the defendant was sentenced, the Government filed a motion requesting the court to enter an order of forfeiture of approximately $4 million in a drug case. Noting that …

U.S. v. Blech, No. 02 Cr. 122 (JGK) (S.D.N.Y.) (2005 U.S. Dist. LEXIS 12976) (June 28, 2005) (Judge John G. Koeltl)

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

Filed under: Punch And Jurists

U.S. v. Blech, No. 02 Cr. 122 (JGK) (S.D.N.Y.) (2005 U.S. Dist. LEXIS 12976) (June 28, 2005) (Judge John G. Koeltl) by Defendant filed a motion for correction of sentence pursuant to Fed. R. Crim. P. 35(a) or, in alternative, for reconsideration because of alleged arithmetical, technical, or other clear …

Dodd v. U.S., No. 04-5286 (U.S. Supreme Court) (545 U.S. 353; 125 S.Ct. 2478) (June 20, 2005) (Justice O'Connor)

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

Filed under: Punch And Jurists

Dodd v. U.S., No. 04-5286 (U.S. Supreme Court) (545 U.S. 353; 125 S.Ct. 2478) (June 20, 2005) (Justice O'Connor) by This case represents the latest attempt by the Supreme Court to resolve another of the many ambiguities created by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) in …

Bach v. Pataki, No. 03-9123 (2nd Cir.) (408 F.3d 75) (May 6, 2005) (Judge Richard C. Wesley)

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

Filed under: Punch And Jurists

Bach v. Pataki, No. 03-9123 (2nd Cir.) (408 F.3d 75) (May 6, 2005) (Judge Richard C. Wesley) by Plaintiff, a nonresident of New York, challenged the handgun licensing scheme under N.Y. Penal Law art. 400, 265, arguing the scheme violated the Second Amendment and the Privileges and Immunities Clause of …