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U.S. v. Barkley, No. O4-CR-119-H (N.D.Okla.) (369 F.Supp.2d 1309) (January 24, 2005) (Judge Sven Erik Holmes)

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

Filed under: Punch And Jurists, Section 3553(a) Factors

U.S. v. Barkley, No. O4-CR-119-H (N.D.Okla.) (369 F.Supp.2d 1309) (January 24, 2005) (Judge Sven Erik Holmes) by

U.S. v. Martignon, No. 03 Cr. 1287(HB) (S.D.N.Y.) (346 F.Supp.2d 413) (September 24, 2004) (Judge Harold Jr. Baer)

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

Filed under: Punch And Jurists, Copyrights and Intellectual Property

U.S. v. Martignon, No. 03 Cr. 1287(HB) (S.D.N.Y.) (346 F.Supp.2d 413) (September 24, 2004) (Judge Harold Jr. Baer) by The defendant, Jean Martignon, was arrested and indicted for violating the federal anti-bootlegging statute (18 U.S.C. § 2319A), by selling “unauthorized recordings of live performances by certain musical artists through his …

U.S. v. Williams, No. 05-20080 (5th Cir.) (400 F.3d 277) (February 14, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Separate Juries

U.S. v. Williams, No. 05-20080 (5th Cir.) (400 F.3d 277) (February 14, 2005) (Per Curiam) by Adopting the logic and legal principles used by Judge Nancy Gertner in her brilliant landmark decision, U.S. v. Green, 343 F.Supp.2d 23 (D.Mass. 2004) (P&J, 10/11/04), Judge Vanessa Gilmore had previously ordered separate juries …

U.S. v. Padilla, No. 03-1918 (1st Cir.) (393 F.3d 256) (December 23, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Padilla, No. 03-1918 (1st Cir.) (393 F.3d 256) (December 23, 2004) (Per Curiam) by Here the Court held that it was an improper delegation of judicial authority for the district court to allow the probation officer to determine the number of drug tests that the defendant was required …

Davis v. Alaska, No. 72-2774 (U.S. Supreme Court) (415 U.S. 308; 94 S.Ct. 1105) (February 27, 1974) (Justice Burger)

Article • December 30, 2004

Filed under: Punch And Jurists, Cross-Examination

Davis v. Alaska, No. 72-2774 (U.S. Supreme Court) (415 U.S. 308; 94 S.Ct. 1105) (February 27, 1974) (Justice Burger) by The issue addressed by the Court in this was was "whether the Confrontation Clause requires that a defendant in a criminal case be allowed to impeach the credibility of a …

Reid v. Georgia, No. 79-448 (U.S. Supreme Court) (448 U.S. 438; 100 S.Ct. 2752) (June 30, 1980) (Per Curiam)

Article • December 22, 2004

Filed under: Punch And Jurists, Drug Dealer/Courier Profile

Reid v. Georgia, No. 79-448 (U.S. Supreme Court) (448 U.S. 438; 100 S.Ct. 2752) (June 30, 1980) (Per Curiam) by Court vacated a conviction holding that agent could not have reasonably suspected petitioner of criminal activity based on the fact that the officer surmised that the defendant met the characteristics …

Graham v. Connor, No. 87-6571 (U.S. Supreme Court) (490 U.S. 386; 109 S.Ct. 1865) (May 15, 1989) (Justice Rehnquist)

Article • December 22, 2004

Filed under: Excessive Force, Punch And Jurists

Graham v. Connor, No. 87-6571 (U.S. Supreme Court) (490 U.S. 386; 109 S.Ct. 1865) (May 15, 1989) (Justice Rehnquist) by In this case the Court addressed claims of a diabetic who brought a § 1983 action to recover damages for injuries allegedly sustained when law enforcement officers used physical force …

Bruton v. U.S., No. 705 (U.S. Supreme Court) (391 U.S. 123; 88 S.Ct. 1620) (May 20, 2068) (Justice Brennan)

Article • December 18, 2004

Filed under: Punch And Jurists, Bruton Error

Bruton v. U.S., No. 705 (U.S. Supreme Court) (391 U.S. 123; 88 S.Ct. 1620) (May 20, 2068) (Justice Brennan) by In this case, two codefendants, James Evans and George Bruton, were tried jointly and convicted of armed postal robbery. At trial, Bruton testified, but Evand did not. However, prior to …

Osborne v. Ohio, No. 88-5986 (U.S. Supreme Court) (495 U.S. 103; 110 S.Ct. 1691) (April 18, 1990) (Justice White)

Article • December 7, 2004

Filed under: Punch And Jurists

Osborne v. Ohio, No. 88-5986 (U.S. Supreme Court) (495 U.S. 103; 110 S.Ct. 1691) (April 18, 1990) (Justice White) by Here the Court evaluated a state law prohibiting the possession and viewing of material depicting a nude minor "where such nudity constitutes a lewd exhibition or involves a graphic focus …

Shannon v. U.S., No. 92-8346 (U.S. Supreme Court) (512 U.S. 573; 114 S.Ct. 2419) (June 24, 1994) (Justice Thomas)

Article • December 6, 2004

Filed under: Punch And Jurists, Insanity Defense Reform Act

Shannon v. U.S., No. 92-8346 (U.S. Supreme Court) (512 U.S. 573; 114 S.Ct. 2419) (June 24, 1994) (Justice Thomas) by In this case, the Supreme Court made clear, is non-binding but highlt persuasive dicta, that defendant had no legal right to a charge informing the jury of the sentencing consequences …

Murphy v. Waterfront Com. Of New York Harbor, No. 138 (U.S. Supreme Court) (378 U.S. 52; 84 S.Ct. 1594) (June 15, 2064) (Justice Goldberg)

Article • December 2, 2004

Filed under: Punch And Jurists

Murphy v. Waterfront Com. Of New York Harbor, No. 138 (U.S. Supreme Court) (378 U.S. 52; 84 S.Ct. 1594) (June 15, 2064) (Justice Goldberg) by The issue before the Court in this case was whether one jurisdiction within the federal structure may compel a witness, whom it has immunized from …

Richardson v. Ramirez, No. 72-1589 (U.S. Supreme Court) (418 U.S. 24; 94 S.Ct. 2655) (June 24, 1974) (Justice Rehnquist)

Article • December 1, 2004

Filed under: Punch And Jurists, Civil Disabilities

Richardson v. Ramirez, No. 72-1589 (U.S. Supreme Court) (418 U.S. 24; 94 S.Ct. 2655) (June 24, 1974) (Justice Rehnquist) by Here, over the strong dissents of Justices Douglas and Marshall, the Court held that felon disenfranchisement statutes do not constitute per se violations of the constitutional right to vote or …

U.S. v. Cooper, No. 03-2854 (3rd Cir.) (394 F.3d 172) (December 23, 2004) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Cooper, No. 03-2854 (3rd Cir.) (394 F.3d 172) (December 23, 2004) (Judge Richard L. Nygaard) by Here, over a strong dissent from Judge Sloviter, a divided panel from the Third Circuit affirmed a four-level downward departure for a white collar millionaire criminal based on his “good works” - …

U.S. v. Gasim Al-Dabbi, No. 04-1053 (8th Cir.) (388 F.3d 1145) (November 12, 2004) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Failure to Disclose

U.S. v. Gasim Al-Dabbi, No. 04-1053 (8th Cir.) (388 F.3d 1145) (November 12, 2004) (Judge Roger L. Wollman) by The defendant claimed that the Government violated his due process rights under Brady v. Maryland, 272 U.S. 83 (1963) by failing to disclose before trial that it had promised financial assistance …

Parker v. District of Columbia, No. Civ. No. 03-0213 (egs) (D.D.C.) (311 F.Supp.2d 103) (March 31, 2004) (Judge Emmet G. Sullivan)

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

Filed under: Punch And Jurists

Parker v. District of Columbia, No. Civ. No. 03-0213 (egs) (D.D.C.) (311 F.Supp.2d 103) (March 31, 2004) (Judge Emmet G. Sullivan) by In 2003, six residents of Washington, D.C - Shelly Parker, Tom Palmer, Gillian St. Lawrence, Tracey Ambeau, George Lyon and Dick Heller - filed a federal court challenging …

U.S. v. Saccoccia, No. C.R. No. 91-115-T (D.R.I.) (342 F.Supp.2d 25) (October 25, 2004) (Judge Ernest C. Torres)

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

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

U.S. v. Saccoccia, No. C.R. No. 91-115-T (D.R.I.) (342 F.Supp.2d 25) (October 25, 2004) (Judge Ernest C. Torres) by As part of its criminal case, the government filed a civil contempt claim against defendant's attorneys after it successfully prosecuted defendant on Racketeer Influenced and Corrupt Organizations Act (RICO) conspiracy charges. …

Mungo v. Duncan, No. 03-2706 (2nd Cir.) (393 F.3d 327) (December 28, 2004) (Judge Pierre N. Leval)

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

Filed under: Retroactivity, Punch And Jurists

Mungo v. Duncan, No. 03-2706 (2nd Cir.) (393 F.3d 327) (December 28, 2004) (Judge Pierre N. Leval) by In this case the Second Circuit held that the Supreme Court’s landmark Confrontation Clause ruling in Crawford v. Washington, 541 U.S. 36 (2004) could not be applied retroactively to cases on collateral …

U.S. v. O'Daniel, No. 02-CR-159-H (N.D.Okla.) (328 F.Supp.2d 1168) (August 6, 2004) (Judge Sven Erik Holmes)

Article • December 1, 2004 • from P&J July, 2004

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. O'Daniel, No. 02-CR-159-H (N.D.Okla.) (328 F.Supp.2d 1168) (August 6, 2004) (Judge Sven Erik Holmes) by Following his entry of a guilty plea entered in accordance with Fed. R. Crim. P. 11, defendant appeared for sentencing. He challenged the application of the U.S. Sentencing Guidelines Manual to his case, …

U.S. v. Lopez-Zamora, No. 03-50304 (9th Cir.) (392 F.3d 1087) (December 29, 2004) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Lopez-Zamora, No. 03-50304 (9th Cir.) (392 F.3d 1087) (December 29, 2004) (Judge M. Margaret McKeown) by The defendant in this case appealed his sentence for attempted entry into the United States after having been deported, arguing that the district court had erred by not recognizing its discretion to …

Jacklovich v. Simmons, No. 03-3227 (10th Cir.) (392 F.3d 420) (December 21, 2004) (Judge Paul J. Jr. Kelly)

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

Filed under: First Amendment, Punch And Jurists

Jacklovich v. Simmons, No. 03-3227 (10th Cir.) (392 F.3d 420) (December 21, 2004) (Judge Paul J. Jr. Kelly) by Prison Legal News (PLN) has won another victory in one of its many challenges to prison regulations designed to restrict the distribution of its monthly publication to inmates. The Kansas Department …