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U.S. v. Lighthall, No. 03-3426 (8th Cir.) (389 F.3d 791) (November 23, 2004) (Judge Kermit Edward Bye)
Article • December 1, 2004 • from P&J December, 2004
Filed under: Punch And Jurists
U.S. v. Lighthall, No. 03-3426 (8th Cir.) (389 F.3d 791) (November 23, 2004) (Judge Kermit Edward Bye) by Defendant pled guilty to distribution, possession, and receipt of child pornography. The United States District Court for the Southern District of Iowa sentenced defendant to 70 months and awarded a 20-month downward …
Morales v. Woodford, No. 99-99020 (9th Cir.) (388 F.3d 1159) (October 21, 2004) (Judge Andrew J. Kleinfeld)
Article • December 1, 2004 • from P&J December, 2004
Filed under: Punch And Jurists
Morales v. Woodford, No. 99-99020 (9th Cir.) (388 F.3d 1159) (October 21, 2004) (Judge Andrew J. Kleinfeld) by This case is noted for Judge M. Margaret McKeown's dissent, which she began by stating: “The bedrock principles of our Eighth Amendment jurisprudence require that a state's capital sentencing scheme must ‘genuinely …
U.S. v. Levy, No. 01-17133 (11th Cir.) (379 F.3d 1241) (August 3, 2004) (Per Curiam)
Article • December 1, 2004 • from P&J December, 2004
Filed under: Punch And Jurists, Constitutional Challenges
U.S. v. Levy, No. 01-17133 (11th Cir.) (379 F.3d 1241) (August 3, 2004) (Per Curiam) by After defendant's sentences were affirmed, he filed a petition for rehearing, seeking to raise a new sentencing issue based on newly decided case law. However, defendant's initial brief did not claim that he had …
U.S. v. Ghane, No. 04-1769 (8th Cir.) (392 F.3d 317) (December 20, 2004) (Judge Gerald W. Heaney)
Article • December 1, 2004 • from P&J December, 2004
Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication
U.S. v. Ghane, No. 04-1769 (8th Cir.) (392 F.3d 317) (December 20, 2004) (Judge Gerald W. Heaney) by After the Government moved for the forced use of antipsychotic medication on the defendant to render him competent to stand trial, the magistrate judge routinely concluded that the use of such medication …
Banks v. Dretke, No. 02-8286 (U.S. Supreme Court) (540 U.S. 668; 124 S.Ct. 1256) (February 24, 2004) (Justice Ginsburg)
Article • November 21, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues
Banks v. Dretke, No. 02-8286 (U.S. Supreme Court) (540 U.S. 668; 124 S.Ct. 1256) (February 24, 2004) (Justice Ginsburg) by Here by a vote of 7 to 2, the Supreme Court overturned a Texas death sentence on the ground that the prosecution deliberately withheld evidence that would have made the …
Warden v. Hayden, No. 480 (U.S. Supreme Court) (387 U.S. 294; 87 S.Ct. 1642) (May 29, 2067) (Justice Brennan)
Article • November 19, 2004
Filed under: Punch And Jurists, Searches - Incident to Arrest
Warden v. Hayden, No. 480 (U.S. Supreme Court) (387 U.S. 294; 87 S.Ct. 1642) (May 29, 2067) (Justice Brennan) by In this case the Supreme Court rejected its prior precedent and held that nothing in the 4th Amendment any longer supports the distinction between items of evidential value only and …
Andresen v. Maryland, No. 74-1646 (U.S. Supreme Court) (427 U.S. 463; 96 S.Ct. 2737) (June 29, 1976) (Justice Blackmun)
Article • November 19, 2004
Filed under: Punch And Jurists, Warrants - General Search
Andresen v. Maryland, No. 74-1646 (U.S. Supreme Court) (427 U.S. 463; 96 S.Ct. 2737) (June 29, 1976) (Justice Blackmun) by Certiorari was granted to review from a judgment of the Court of Special Appeals of Maryland, which held that search warrants were supported by probable cause and did not authorize …
U.S. v. Apfelbaum, No. 78-972 (U.S. Supreme Court) (445 U.S. 115; 100 S.Ct. 948) (March 3, 1980) (Justice Rehnquist)
Article • November 17, 2004
Filed under: Punch And Jurists, Immunized Testimony
U.S. v. Apfelbaum, No. 78-972 (U.S. Supreme Court) (445 U.S. 115; 100 S.Ct. 948) (March 3, 1980) (Justice Rehnquist) by This decision was written eight years after the Court's seminal decision in Kastigar v. U.S., 406 U.S. 441 (1972) on the scope and validity of the Federal immunity statute (18 …
U.S. v. Morgan, No. 640 (U.S. Supreme Court) (313 U.S. 409; 61 S.Ct. 999) (May 26, 2041) (Justice Frankfurter)
Article • November 13, 2004
Filed under: Punch And Jurists, Judicial Testimony
U.S. v. Morgan, No. 640 (U.S. Supreme Court) (313 U.S. 409; 61 S.Ct. 999) (May 26, 2041) (Justice Frankfurter) by The United States moved the United States District Court for the Western District of Missouri to distribute impounding funds in accordance with the Secretary of Agriculture's order, but the district …
U.S. v. Mendenhall, No. 78-1821 (U.S. Supreme Court) (446 U.S. 544; 100 S.Ct. 1870) (May 27, 1980) (Justice Stewart)
Article • November 13, 2004
Filed under: Punch And Jurists, Freedom of Movement
U.S. v. Mendenhall, No. 78-1821 (U.S. Supreme Court) (446 U.S. 544; 100 S.Ct. 1870) (May 27, 1980) (Justice Stewart) by In this case the Court enunciated the standard for determining when a "seizure" occurs after someone is approached by police at a public place - namely whether his freedom of …
Green v. U.S., No. 46 (U.S. Supreme Court) (355 U.S. 184; 78 S.Ct. 221) (December 16, 2057) (Justice Black)
Article • November 11, 2004
Filed under: Punch And Jurists
Green v. U.S., No. 46 (U.S. Supreme Court) (355 U.S. 184; 78 S.Ct. 221) (December 16, 2057) (Justice Black) by In this case, the jury at the original trial left the verdict form blank as to the greater charge (first degree murder) but returned a guilty verdict on the lesser …
U.S. v. Aguilar, No. 03-3892 (8th Cir.) (384 F.3d 520) (September 13, 2004) (Judge Myron H. Bright)
Article • November 1, 2004 • from P&J November, 2004
Filed under: Punch And Jurists, Miranda
U.S. v. Aguilar, No. 03-3892 (8th Cir.) (384 F.3d 520) (September 13, 2004) (Judge Myron H. Bright) by The government appealed from the judgment of the United States District Court for the District of Minnesota, which suppressed defendant's confession to drug activity. Defendant was questioned for 90 minutes before officers …
U.S. v. Macias, No. 03-5226 (6th Cir.) (387 F.3d 509) (October 26, 2004) (Judge Eric L. Clay)
Article • November 1, 2004 • from P&J November, 2004
Filed under: Punch And Jurists, Bruton Error
U.S. v. Macias, No. 03-5226 (6th Cir.) (387 F.3d 509) (October 26, 2004) (Judge Eric L. Clay) by This case is noted for its excellent, up-to-date summary of the state of the law relating to Bruton violations (Bruton v. U.S., 391 U.S. 123 (1968)). The defendant, who was convicted of …
U.S. v. Hued, No. 03 CR. 1432(VM) (S.D.N.Y.) (338 F.Supp.2d 453) (September 10, 2004) (Judge Victor Marrero)
Article • November 1, 2004 • from P&J November, 2004
Filed under: Punch And Jurists, Aberrant Behavior
U.S. v. Hued, No. 03 CR. 1432(VM) (S.D.N.Y.) (338 F.Supp.2d 453) (September 10, 2004) (Judge Victor Marrero) by In this case, Judge Marrero of the S.D.N.Y. granted the defendant an eleven-level downward departure based on aberrant behavior under the provisions of U.S.S.G. § 5K2.20. The defendant pled guilty to making …
U.S. v. Leaver, No. 98 Cr. 731 (SAS) (S.D.N.Y.) (358 F.Supp.2d 273) (December 14, 2004) (Judge Shira A. Scheindlin)
Article • November 1, 2004 • from P&J November, 2004
Filed under: Punch And Jurists
U.S. v. Leaver, No. 98 Cr. 731 (SAS) (S.D.N.Y.) (358 F.Supp.2d 273) (December 14, 2004) (Judge Shira A. Scheindlin) by In this case, Judge Shira Scheindlin of the S.D.N.Y. dismissed a fraud indictment five years after it was brought and eleven years after the alleged crime, holding that the speedy-trial …
U.S. v. Frabizio, No. Crim. No. 03-10283-NG (D.Mass.) (341 F.Supp.2d 47) (October 27, 2004) (Judge Nancy Gertner)
Article • November 1, 2004 • from P&J November, 2004
Filed under: Punch And Jurists, Expert Witnesses/Testimony
U.S. v. Frabizio, No. Crim. No. 03-10283-NG (D.Mass.) (341 F.Supp.2d 47) (October 27, 2004) (Judge Nancy Gertner) by This child pornography case is noted for the unusually broad discovery order that was granted to the defendant by Judge Gertner over the Government’s objections. The defendant, who was charged with receiving …
U.S. v. Dupre, No. 04 CR. 267 DLC (S.D.N.Y.) (339 F.Supp.2d 534) (October 8, 2004) (Judge Denise Cote)
Article • November 1, 2004 • from P&J November, 2004
Filed under: Punch And Jurists, Mens Rea
U.S. v. Dupre, No. 04 CR. 267 DLC (S.D.N.Y.) (339 F.Supp.2d 534) (October 8, 2004) (Judge Denise Cote) by The defendants, Roberta Dupre and Beverly Stambaugh, were indicted for wire fraud arising out of their wild scheme to defraud potential investors by falsely inducing them to pay “advance fees” in …
U.S. v. Mescual-Cruz, No. 02-2668 (1st Cir.) (387 F.3d 1) (October 15, 2004) (Judge Gerard E. Lynch)
Article • November 1, 2004 • from P&J November, 2004
Filed under: Punch And Jurists, Wired/Linked/Packaged Pleas
U.S. v. Mescual-Cruz, No. 02-2668 (1st Cir.) (387 F.3d 1) (October 15, 2004) (Judge Gerard E. Lynch) by Defendants appealed from the United States District Court for the District of Puerto Rico, arguing it was error for deny the motions to withdraw their guilty pleas, which were part of a …
Brosseau v. Haugen, No. 03-1261 (U.S. Supreme Court) (543 U.S. 194; 125 S.Ct. 696) (December 13, 2004) (Per Curiam)
Article • November 1, 2004 • from P&J November, 2004
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Brosseau v. Haugen, No. 03-1261 (U.S. Supreme Court) (543 U.S. 194; 125 S.Ct. 696) (December 13, 2004) (Per Curiam) by n 1999, Officer Rochelle Brosseau, a member of the Puyallup, WA police department, went to a home to arrest Kenneth Haugen, who was accused of selling drugs and stealing tools …
Devenpeck v. Alford, No. 03-710 (U.S. Supreme Court) (543 U.S. 146; 125 S.Ct. 588) (December 13, 2004) (Justice Scalia)
Article • November 1, 2004 • from P&J November, 2004
Filed under: Punch And Jurists, Probable/Proximate Cause
Devenpeck v. Alford, No. 03-710 (U.S. Supreme Court) (543 U.S. 146; 125 S.Ct. 588) (December 13, 2004) (Justice Scalia) by The issue before the Court in this case was whether an arrest is lawful under the Fourth Amendment when the criminal offense for which there is probable cause to arrest …
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