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Griffin v. Wisconsin, No. 86-5324 (U.S. Supreme Court) (483 U.S. 868; 107 S.Ct. 3164) (June 26, 1987) (Justice Scalia)
Article • March 12, 2005
Filed under: Punch And Jurists, Supervised Release
Griffin v. Wisconsin, No. 86-5324 (U.S. Supreme Court) (483 U.S. 868; 107 S.Ct. 3164) (June 26, 1987) (Justice Scalia) by In this case the Supreme Court outlined how courts should analyze searches of probationers and parolees and their property under the Fourth Amendment; holding that a State can provide for …
Preiser v. Rodriguez, No. 71-1369 (U.S. Supreme Court) (411 U.S. 475; 93 S.Ct. 1827) (May 7, 1973) (Justice Stewart)
Article • March 11, 2005
Filed under: Punch And Jurists, Jurisdiction
Preiser v. Rodriguez, No. 71-1369 (U.S. Supreme Court) (411 U.S. 475; 93 S.Ct. 1827) (May 7, 1973) (Justice Stewart) by Case held that a prisoner seeking restoration of good time credits could not bring that action under 42 USC § 1983, but rather must bring it under a habeas corpus …
Edwards v. Balisok, No. 95-1352 (U.S. Supreme Court) (520 U.S. 641; 117 S.Ct. 1584) (May 19, 1997) (Justice Scalia)
Article • March 10, 2005
Filed under: Punch And Jurists, Jurisdiction
Edwards v. Balisok, No. 95-1352 (U.S. Supreme Court) (520 U.S. 641; 117 S.Ct. 1584) (May 19, 1997) (Justice Scalia) by In this case the Supreme Court elaborated on the "Heck Rule" announced in Heck v. Humphrey, 512 U.S. 477 (1994), where the prisoner sought money damages, rather than release from …
Heck v. Humphrey, No. 93-6188 (U.S. Supreme Court) (512 U.S. 477; 114 S.Ct. 2364) (June 24, 1994) (Justice Scalia)
Article • March 10, 2005
Filed under: Punch And Jurists, Jurisdiction
Heck v. Humphrey, No. 93-6188 (U.S. Supreme Court) (512 U.S. 477; 114 S.Ct. 2364) (June 24, 1994) (Justice Scalia) by Here the Court established what has been come to be known as the "Heck Rule" under which a prisoner must establish that his conviction or sentence has been overturned or …
Stanford v. Kentucky, No. 87-5765 (U.S. Supreme Court) (492 U.S. 361; 109 S.Ct. 2969) (June 26, 1989) (Justice Scalia)
Article • March 2, 2005
Filed under: Punch And Jurists, Cruel and Unusual Punishment
Stanford v. Kentucky, No. 87-5765 (U.S. Supreme Court) (492 U.S. 361; 109 S.Ct. 2969) (June 26, 1989) (Justice Scalia) by In this consolidated case, a Kentucky juvenile defendant and a Missouri juvenile defendant challenged the death penalty for their murder convictions, in separate proceedings, on the grounds that such a …
Armstrong v. U.S., No. Civ. No. 04-4077 (E.D.Pa.) (382 F.Supp.2d 703) (March 28, 2005) (Judge Juan Ramon Sanchez)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Retroactivity, Punch And Jurists
Armstrong v. U.S., No. Civ. No. 04-4077 (E.D.Pa.) (382 F.Supp.2d 703) (March 28, 2005) (Judge Juan Ramon Sanchez) by In this case, Michael Armstrong was found guilty at trial of various drug crimes; and, on April 19, 2001, he was sentenced to 300 months in prison. The Third Circuit affirmed …
U.S. v. Vaval, No. 04-0121-cr (2nd Cir.) (404 F.3d 144) (April 12, 2005) (Judge Ralph K. Jr. Winter)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Punch And Jurists, Sentencing Advocacy
U.S. v. Vaval, No. 04-0121-cr (2nd Cir.) (404 F.3d 144) (April 12, 2005) (Judge Ralph K. Jr. Winter) by Troy Vaval pled guilty to robbing a confidential informant who was carrying Federal funds for the purpose of making a controlled buy of illegal firearms. The plea agreement specified that the …
U.S. v. Dazey, No. 03-6187 (10th Cir.) (403 F.3d 1147) (April 13, 2005) (Judge Michael W. McConnell)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Punch And Jurists, Plain Error
U.S. v. Dazey, No. 03-6187 (10th Cir.) (403 F.3d 1147) (April 13, 2005) (Judge Michael W. McConnell) by Defendants, a leader, a financial manager, an international financier, and a sales and customer service representative, were convicted of conspiracy to commit wire fraud, wire fraud, securities fraud, and/or money laundering in …
Guzman v. U.S., No. 03-2446-pr (2nd Cir.) (404 F.3d 139) (April 8, 2005) (Judge Dennis G. Jacobs)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Retroactivity, Punch And Jurists
Guzman v. U.S., No. 03-2446-pr (2nd Cir.) (404 F.3d 139) (April 8, 2005) (Judge Dennis G. Jacobs) by Here the Court ruled that Booker does not apply to any cases that became final before January 12, 2005, the day Booker was decided. The Court reasoned that Booker was a "new" …
Castellini v. Lappin, No. Civ. No. 05-10220-PBS (D.Mass.) (365 F.Supp.2d 197) (April 12, 2005) (Judge Patti B. Saris)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Punch And Jurists, Shock Incarceration
Castellini v. Lappin, No. Civ. No. 05-10220-PBS (D.Mass.) (365 F.Supp.2d 197) (April 12, 2005) (Judge Patti B. Saris) by Here the Court enjoined the Bureau of Prisons from unilaterally terminating its Shock Incarceration (or Intensive Confinement Center) Program until it has complied with the Administrative Procedure Act. In 1990, Congress …
U.S. v. Dunmire, No. 04-3002 (10th Cir.) (403 F.3d 722) (April 5, 2005) (Judge Monroe G. McKay)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Punch And Jurists, Sufficiency of Evidence
U.S. v. Dunmire, No. 04-3002 (10th Cir.) (403 F.3d 722) (April 5, 2005) (Judge Monroe G. McKay) by Defendant's conviction for conspiring to distribute drugs is reversed where the government failed to submit sufficient evidence to support the jury's finding that the amount of cocaine defendant agreed to distribute amounted …
U.S. v. Pimental, No. 99-10310 (D.Mass.) (367 F.Supp.2d 143) (April 21, 2005) (Judge Nancy Gertner)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts
U.S. v. Pimental, No. 99-10310 (D.Mass.) (367 F.Supp.2d 143) (April 21, 2005) (Judge Nancy Gertner) by Judge Gertner explored at length "the continued vitality of the Supreme Court's decision in U.S. v. Watts, 519 U.S. 148 (1997), which upheld an increased sentence for the defendant based on acquitted conduct", in …
U.S. v. Coles, No. 03-3113 (D.C. Cir.) (403 F.3d 764) (April 8, 2005) (Per Curiam)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Punch And Jurists, Plain Error
U.S. v. Coles, No. 03-3113 (D.C. Cir.) (403 F.3d 764) (April 8, 2005) (Per Curiam) by Here, the D.C. Circuit became the third Circuit Court to adopt the "middle" position of "let's ask when in doubt" plain-error standard when deciding whether to remand a case based on a claimed Booker …
Johnson v. U.S., No. 03-9685 (U.S. Supreme Court) (544 U.S. 295; 125 S.Ct. 1571) (April 4, 2005) (Justice Souter)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Punch And Jurists
Johnson v. U.S., No. 03-9685 (U.S. Supreme Court) (544 U.S. 295; 125 S.Ct. 1571) (April 4, 2005) (Justice Souter) by Here, by a 5-4 vote, the Court held that the one-year statute of limitations under § 2255 begins to run when a petitioner receives notice of the order vacating the …
U.S. v. McGilvery, No. 04-1013 (6th Cir.) (403 F.3d 361) (April 5, 2005) (Judge Dan Aaron Polster)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. McGilvery, No. 04-1013 (6th Cir.) (403 F.3d 361) (April 5, 2005) (Judge Dan Aaron Polster) by
Johnson v. Governor of Florida, No. 02-14469 (11th Cir.) (405 F.3d 1214) (April 12, 2005) (Judge Phyllis A. Kravitch)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Punch And Jurists, Voting Rights
Johnson v. Governor of Florida, No. 02-14469 (11th Cir.) (405 F.3d 1214) (April 12, 2005) (Judge Phyllis A. Kravitch) by Here the en banc Court upheld a controversial 1868 Florida law that generally permanently bars some 600,000 convicted Florida felons from voting - even after they have finished serving their …
U.S. v. Smith, No. 03-13639 (11th Cir.) (402 F.3d 1303) (March 18, 2005) (Judge Gerald B. Tjoflat)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Punch And Jurists, Interstate Commerce - Effect on
U.S. v. Smith, No. 03-13639 (11th Cir.) (402 F.3d 1303) (March 18, 2005) (Judge Gerald B. Tjoflat) by Relying heavily on its decision in U.S. v. Maxwell, 386 F.3d 1042 (11th Cir. 2004) (P&J, 09/13/04), the Eleventh Circuit held that the defendant’s purely intrastate, non-commercial production and possession of child …
U.S. v. Crosby, No. 03-1675 (2nd Cir.) (397 F.3d 103) (February 2, 2005) (Judge Jon O. Newman)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Punch And Jurists, Reasonableness of Sentence
U.S. v. Crosby, No. 03-1675 (2nd Cir.) (397 F.3d 103) (February 2, 2005) (Judge Jon O. Newman) by Defendant appealed the judgment of the United States District Court for the Northern District of New York sentencing defendant to 10 years' imprisonment after he pled guilty to possession of a firearm …
Reyes v. Brown, No. 00-57130 (9th Cir.) (399 F.3d 964) (March 4, 2005) (Judge Harry Pregerson)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Punch And Jurists, Three Strikes Statutes/Rule
Reyes v. Brown, No. 00-57130 (9th Cir.) (399 F.3d 964) (March 4, 2005) (Judge Harry Pregerson) by Petitioner inmate filed a 28 U.S.C.S. § 2254 petition for a writ of habeas corpus challenging his sentence under California's "Three Strikes" law. The United States District Court for the Central District of …
U.S. v. Titterington, No. Crim. No. 02-20165 (W.D.Tenn.) (354 F.Supp.2d 778) (February 3, 2005) (Judge Bernice B. Donald)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Punch And Jurists, Tolling of Statutes of Limitations and Laches
U.S. v. Titterington, No. Crim. No. 02-20165 (W.D.Tenn.) (354 F.Supp.2d 778) (February 3, 2005) (Judge Bernice B. Donald) by
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