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U.S. v. Wilson, No. 03-2170 (7th Cir.) (390 F.3d 1003) (December 2, 2004) (Judge Ann Claire Williams)
Article • November 1, 2004 • from P&J November, 2004
Filed under: Punch And Jurists, Refusal to file motion
U.S. v. Wilson, No. 03-2170 (7th Cir.) (390 F.3d 1003) (December 2, 2004) (Judge Ann Claire Williams) by We have an early winner of our annual Chutzpah of the Year Award. This year’s winner is Assistant U.S. Attorney James Porter from the S.D.Ill.. His shameless bullying and irrational petulance deserve …
U.S. v. Clark, No. 04-CR-123 (E.D.Wisc.) (333 F.Supp.2d 789) (August 21, 2004) (Judge Lynn S. Adelman)
Article • November 1, 2004 • from P&J November, 2004
Filed under: Punch And Jurists, Conflict of Interest
U.S. v. Clark, No. 04-CR-123 (E.D.Wisc.) (333 F.Supp.2d 789) (August 21, 2004) (Judge Lynn S. Adelman) by In this decision, Judge Adelman examined in detail the scope of 18 U.S.C. § 207(a), a provision that permanently restricts former officers and employees of the executive and legislative branches from undertaking work …
U.S. v. Mendoza-Lopez, No. 85-2067 (U.S. Supreme Court) (481 U.S. 828; 107 S.Ct. 2148) (May 26, 1987) (Justice Marshall)
Article • October 28, 2004
Filed under: Punch And Jurists, Fundamentally Unfair
U.S. v. Mendoza-Lopez, No. 85-2067 (U.S. Supreme Court) (481 U.S. 828; 107 S.Ct. 2148) (May 26, 1987) (Justice Marshall) by In this case, two Mexican nationals were separately arrested in Nebraska, transported to Colorado, and placed in a group deportation hearing where they appeared pro se. At the hearing, the …
Dennis v. U.S., No. 502 (U.S. Supreme Court) (384 U.S. 855; 82 S.Ct. 1038) (June 22, 2066) (Justice Fortas)
Article • October 26, 2004
Filed under: Punch And Jurists
Dennis v. U.S., No. 502 (U.S. Supreme Court) (384 U.S. 855; 82 S.Ct. 1038) (June 22, 2066) (Justice Fortas) by Petitioners, union officers and members, appealed a decision of the United States Court of Appeals for the Tenth Circuit affirming their conviction under 18 U.S.C.S. § 371 of conspiracy to …
Britt v. North Carolina, No. 70-5041 (U.S. Supreme Court) (404 U.S. 226; 92 S.Ct. 431) (December 13, 1971) (Justice Marshall)
Article • October 18, 2004
Filed under: Transcripts, Punch And Jurists
Britt v. North Carolina, No. 70-5041 (U.S. Supreme Court) (404 U.S. 226; 92 S.Ct. 431) (December 13, 1971) (Justice Marshall) by In this case the Court considered whether an indigent defendant was entitled to a free transcript of his own previous trial, which had ended in a mistrial because the …
U.S. v. Ross, No. 80-2209 (U.S. Supreme Court) (456 U.S. 798; 102 S.Ct. 2157) (June 1, 1982) (Justice Stevens)
Article • October 16, 2004 • from P&J December, 2004
Filed under: Punch And Jurists, Searches - Automobile
U.S. v. Ross, No. 80-2209 (U.S. Supreme Court) (456 U.S. 798; 102 S.Ct. 2157) (June 1, 1982) (Justice Stevens) by Here the Court held that in cases where there was probable cause to search a vehicle "a search is not unreasonable if based on facts that would justify the issuance …
Christopher v. Harbury, No. 01-394 (U.S. Supreme Court) (536 U.S. 403; 122 S.Ct. 2179) (June 20, 2002) (Justice Souter)
Article • October 15, 2004
Filed under: Punch And Jurists, Bivens Actions
Christopher v. Harbury, No. 01-394 (U.S. Supreme Court) (536 U.S. 403; 122 S.Ct. 2179) (June 20, 2002) (Justice Souter) by Here the Court spelled out in detail the elements required to state a viable cause of action of a claim for backwatd-looking denial of access to the courts, in the …
Bell v. Wolfish, No. 77-1829 (U.S. Supreme Court) (441 U.S. 520; 99 S.Ct. 1881) (May 14, 1979) (Justice Rehnquist)
Article • October 10, 2004
Filed under: Due Process, Punch And Jurists
Bell v. Wolfish, No. 77-1829 (U.S. Supreme Court) (441 U.S. 520; 99 S.Ct. 1881) (May 14, 1979) (Justice Rehnquist) by This case involved a class action lawsuit which challenged the legality of conditions facing pretrial detainees in a New York City correctional facility. Petitioners claimed that double-bunking, restrictions on reading …
Muhammad v. Close, No. 02-9065 (U.S. Supreme Court) (540 U.S. 749; 124 S.Ct. 1303) (February 25, 2004) (Per Curiam)
Article • October 2, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Muhammad v. Close, No. 02-9065 (U.S. Supreme Court) (540 U.S. 749; 124 S.Ct. 1303) (February 25, 2004) (Per Curiam) by Petitioner prisoner sought a writ of certiorari to the United States Court of Appeals for the Sixth Circuit, which held that his 42 U.S.C. § 1983 action against respondent prison …
U.S. v. Loutos, No. 03-3557 (7th Cir.) (383 F.3d 615) (September 8, 2004) (Judge William J. Bauer)
Article • October 1, 2004 • from P&J October, 2004
Filed under: Punch And Jurists, Withdrawal
U.S. v. Loutos, No. 03-3557 (7th Cir.) (383 F.3d 615) (September 8, 2004) (Judge William J. Bauer) by Defendant challenged a decision of the United States District Court for the Northern District of Illinois, Eastern Division, which denied his motion to withdraw his plea of guilty to knowingly aiding and …
Faraci v. Grace, No. Civ.A.04-1163 (E.D.Pa.) (331 F.Supp.2d 362) (August 16, 2004) (Judge Stewart Dalzell)
Article • October 1, 2004 • from P&J October, 2004
Filed under: Punch And Jurists, Delays in Prosecution of Case
Faraci v. Grace, No. Civ.A.04-1163 (E.D.Pa.) (331 F.Supp.2d 362) (August 16, 2004) (Judge Stewart Dalzell) by Here Judge Dalzell granted habeas relief to a prisoner who had been waiting for more than 16 years for a ruling on his habeas petition without ever being able to obtain a hearing on …
Smith v. Texas, No. 04-5323 (U.S. Supreme Court) (543 U.S. 37; 125 S.Ct. 400) (November 15, 2004) (Per Curiam)
Article • October 1, 2004 • from P&J October, 2004
Filed under: Punch And Jurists
Smith v. Texas, No. 04-5323 (U.S. Supreme Court) (543 U.S. 37; 125 S.Ct. 400) (November 15, 2004) (Per Curiam) by In another rebuke of the hap-hazzard manner in which the death penalty is imposed in Texas, the Supreme Court overturned the death sentence of a convicted Texas killer because jurors …
U.S. v. Angelos, No. 2:02-CR-00708PGC (D.Utah) (345 F.Supp.2d 1227) (November 16, 2004) (Judge Paul G. Cassell)
Article • October 1, 2004 • from P&J October, 2004
Filed under: Punch And Jurists, Constitutional Challenges
U.S. v. Angelos, No. 2:02-CR-00708PGC (D.Utah) (345 F.Supp.2d 1227) (November 16, 2004) (Judge Paul G. Cassell) by Since his appointment to the bench in May, 2002, Judge Cassell (a former law clerk to Justice Scalia) has cut a huge swath in judicial circles. He has already produced a series of …
U.S. v. Sosa, No. 03-1530 (2nd Cir.) (387 F.3d 131) (October 21, 2004) (Judge Ralph K. Jr. Winter)
Article • October 1, 2004 • from P&J October, 2004
Filed under: Punch And Jurists, Fundamentally Unfair
U.S. v. Sosa, No. 03-1530 (2nd Cir.) (387 F.3d 131) (October 21, 2004) (Judge Ralph K. Jr. Winter) by U.S. v. Torres, 383 F.3d 92 (3rd Cir. 2004) U.S. v. Sosa, No. 03-1530 (2nd Cir. 10/21/04) In U.S. v. Mendoza-Lopez, 481 U.S. 828, 834 (1987), the Supreme Court concluded that …
U.S. v. Patterson, No. 00-30306 (9th Cir.) (381 F.3d 859) (August 20, 2004) (Judge A. Wallace Tashima)
Article • October 1, 2004 • from P&J October, 2004
Filed under: Double jeopardy, Punch And Jurists
U.S. v. Patterson, No. 00-30306 (9th Cir.) (381 F.3d 859) (August 20, 2004) (Judge A. Wallace Tashima) by Here the Court held that jeopardy attaches once a district court accepts a guilty plea, and thus, if the district court subsequently rejects the plea agreement, it does not thereby have the …
U.S. v. Robles, No. 04 Cr. 0115(VM) (S.D.N.Y.) (331 F.Supp.2d 218) (August 19, 2004) (Judge Victor Marrero)
Article • October 1, 2004 • from P&J October, 2004
Filed under: Punch And Jurists, Family Circumstances
U.S. v. Robles, No. 04 Cr. 0115(VM) (S.D.N.Y.) (331 F.Supp.2d 218) (August 19, 2004) (Judge Victor Marrero) by The defendant, who was convicted of possession of a gun by a convicted felon, moved for a downward departure on the grounds that he was the sole care giver to his 80-year …
Leocal v. Ashcroft, No. 03-583 (U.S. Supreme Court) (543 U.S. 1; 125 S.Ct. 377) (November 9, 2004) (Justice Rehnquist)
Article • October 1, 2004 • from P&J October, 2004
Filed under: Punch And Jurists, Crimes of Violence/Violent Felony
Leocal v. Ashcroft, No. 03-583 (U.S. Supreme Court) (543 U.S. 1; 125 S.Ct. 377) (November 9, 2004) (Justice Rehnquist) by State DUI offenses, which either do not have a mens rea component or require only a showing of negligence in the operation of a vehicle, are not crimes of violence …
U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (343 F.Supp.2d 23) (November 3, 2004) (Judge Nancy Gertner)
Article • October 1, 2004 • from P&J October, 2004
Filed under: Punch And Jurists, Separate Juries
U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (343 F.Supp.2d 23) (November 3, 2004) (Judge Nancy Gertner) by Here Judge Gertner issued a landmark ruling in which she directed that, if juries convict two alleged gang members of murder at their forthcoming trials, different juries must decide whether the men …
U.S. v. Lopez, No. 02-1412 (2nd Cir.) (385 F.3d 245) (October 1, 2004) (Judge John M. Jr. Walker)
Article • October 1, 2004 • from P&J October, 2004
Filed under: Punch And Jurists, Withdrawal
U.S. v. Lopez, No. 02-1412 (2nd Cir.) (385 F.3d 245) (October 1, 2004) (Judge John M. Jr. Walker) by Here the Court clarified the standards for permitting a withdrawal of a plea agreement, holding the the "fair and just reason" rule that governs withdrawal of a plea may be used …
U.S. v. Roth, No. 02 CR. 1503(SCR) (S.D.N.Y.) (332 F.Supp.2d 565) (January 22, 2004) (Judge Stephen C. Robinson)
Article • October 1, 2004 • from P&J October, 2004
Filed under: Punch And Jurists, Judicial Testimony
U.S. v. Roth, No. 02 CR. 1503(SCR) (S.D.N.Y.) (332 F.Supp.2d 565) (January 22, 2004) (Judge Stephen C. Robinson) by Defendants, through their counsel, issued a subpoena to a judge directing that he appear and requesting that he bring the entire file concerning a related criminal case. The New York State …
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