Search | Punch and Jurists

U.S. v. Torres, No. 03-2574 (3rd Cir.) (383 F.3d 92) (September 7, 2004) (Judge Michael Chertoff)

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

Filed under: Punch And Jurists, Fundamentally Unfair

U.S. v. Torres, No. 03-2574 (3rd Cir.) (383 F.3d 92) (September 7, 2004) (Judge Michael Chertoff) 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 due process …

U.S. v. Andrews, No. 03-51367 (5th Cir.) (390 F.3d 840) (November 11, 2004) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Andrews, No. 03-51367 (5th Cir.) (390 F.3d 840) (November 11, 2004) (Judge Jerry E. Smith) by Here the Court vacated a sentence that contained a dramatic upward departure, after concluding that the sentence imposed by Judge Biery of the W.D.Tex. was “fatally infected with antagonism towards the United …

U.S. v. Vasquez, No. 03-1763 (2nd Cir.) (389 F.3d 65) (November 10, 2004) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Vasquez, No. 03-1763 (2nd Cir.) (389 F.3d 65) (November 10, 2004) (Judge Jon O. Newman) by The central issue before the Court in this case was whether the district court had properly applied the Guidelines’ complicated “grouping rules” contained in U.S.S.G. § 3D1.1-5 in the sentencing of Ricardo …

DeArmon v. Burgess, No. 01-3096 (8th Cir.) (388 F.3d 609) (November 8, 2004) (Judge Theodore McMillian)

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

Filed under: Punch And Jurists, General Searches

DeArmon v. Burgess, No. 01-3096 (8th Cir.) (388 F.3d 609) (November 8, 2004) (Judge Theodore McMillian) by In Andresen v. Maryland, 437 U.S. 463, 492 (1976), the Supreme Court explained why “general warrants” are “especially prohibited” by the Fourth Amendment: “The problem to be avoided is ‘not that of intrusion …

U.S. v. Allen, No. 04-1199 (7th Cir.) (383 F.3d 644) (September 9, 2004) (Judge Diane S. Sykes)

Article • October 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists

U.S. v. Allen, No. 04-1199 (7th Cir.) (383 F.3d 644) (September 9, 2004) (Judge Diane S. Sykes) by In the United States District Court for the Southern District of Indiana, Indianapolis Division, defendant was convicted of possession of a firearm and ammunition by a felon, in violation of 18 U.S.C. …

U.S. v. Moeller, No. 03-3011 (8th Cir.) (383 F.3d 710) (September 3, 2004) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Moeller, No. 03-3011 (8th Cir.) (383 F.3d 710) (September 3, 2004) (Judge James B. Loken) by Here the Court reversed the district court's ruling that the defendant was entitled to a departure for substantial assistance because the Government had acted in bad faith in refusing to file the …

U.S. v. Kaur, No. 03-30306 (9th Cir.) (382 F.3d 1155) (September 10, 2004) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Reasonable Cause to Believe Standard

U.S. v. Kaur, No. 03-30306 (9th Cir.) (382 F.3d 1155) (September 10, 2004) (Judge Harry Pregerson) by Here the Court held that the “reasonable cause to believe” standard contained in 21 U.S.C. 21 U.S.C. § 841(c)(2) does not require the Government to prove that the defendant had any actual knowledge …

Loritz v. U.S. Court of Appeals for Ninth Circuit, No. 04-15028 (9th Cir.) (382 F.3d 990) (February 4, 2000) (Per Curiam)

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

Filed under: Standing, Punch And Jurists

Loritz v. U.S. Court of Appeals for Ninth Circuit, No. 04-15028 (9th Cir.) (382 F.3d 990) (February 4, 2000) (Per Curiam) by This decision adds a bit more lore (if not law) to the ongoing debate about the ever-expanding use of unpublished decisions in the Federal courts. Here, after his …

U.S. v. Abuhamra, No. 04-2678-CR (2nd Cir.) (389 F.3d 309) (November 15, 2004) (Judge Reena Raggi)

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

Filed under: Punch And Jurists, Ex Parte and In Camera Communications

U.S. v. Abuhamra, No. 04-2678-CR (2nd Cir.) (389 F.3d 309) (November 15, 2004) (Judge Reena Raggi) by This appeal presented a single question: whether a district court may rely on evidence submitted by the government ex parte and in camera to deny bail. The Court concluded that such submissions should …

Mickens v. U.S., No. CV-97-2122 (E.D.N.Y.) (333 F.Supp.2d 44) (August 25, 2004) (Judge Thomas C. Jr. Platt)

Article • October 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists, Disclosure Obligations

Mickens v. U.S., No. CV-97-2122 (E.D.N.Y.) (333 F.Supp.2d 44) (August 25, 2004) (Judge Thomas C. Jr. Platt) by Petitioner inmate moved under Fed. R. Civ. P. 60 for relief from his conviction and sentence for tax evasion and money laundering, inter alia. Defendant United States opposed the motion. The inmate …

U.S. v. Lentz, No. 03-15 (4th Cir.) (383 F.3d 191) (September 14, 2004) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

U.S. v. Lentz, No. 03-15 (4th Cir.) (383 F.3d 191) (September 14, 2004) (Judge William B. Jr. Traxler) by Plaintiff United States challenged the decision entered by the United States District Court for the Eastern District of Virginia that granted of defendant one' motion for judgment of acquittal on the …

Hamdan v. Rumsfeld, No. Civ. No. 04-1519 (JR) (D.D.C.) (344 F.Supp.2d 152) (November 8, 2004) (Judge James Robertson)

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

Filed under: Punch And Jurists

Hamdan v. Rumsfeld, No. Civ. No. 04-1519 (JR) (D.D.C.) (344 F.Supp.2d 152) (November 8, 2004) (Judge James Robertson) by Judge Robertson ordered an immediate halt to one of the military trials of the detainees at Guantanamo Bay "until a competent tribunal determines that the petitioner is not entitled to the …

U.S. v. Tzoc-Sierra, No. 03-10490 (9th Cir.) (387 F.3d 978) (October 13, 2004) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists

U.S. v. Tzoc-Sierra, No. 03-10490 (9th Cir.) (387 F.3d 978) (October 13, 2004) (Judge Jr. William C. Canby) by This decision is noted principally for its detailed analysis of some of the appellate review provisions of the Feeney Amendment, the special sentencing law that was suddenly attached to provisions of …

U.S. v. Gomes, No. 04-1004-CR (2nd Cir.) (387 F.3d 157) (October 25, 2004) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Gomes, No. 04-1004-CR (2nd Cir.) (387 F.3d 157) (October 25, 2004) (Judge Dennis G. Jacobs) by

Remmer v. U.S., No. 304 (U.S. Supreme Court) (347 U.S. 227; 74 S.Ct. 450) (March 8, 2054) (Justice Minton)

Article • September 17, 2004

Filed under: Punch And Jurists, Presumption of Prejudice

Remmer v. U.S., No. 304 (U.S. Supreme Court) (347 U.S. 227; 74 S.Ct. 450) (March 8, 2054) (Justice Minton) by Case held that where valid claims of jury tampering arise, court should not take ex parte action, but should hold a hearing with all interested parties permitted to participate to …

Brown v. Illinois, No. 73-6650 (U.S. Supreme Court) (422 U.S. 590; 95 S.Ct. 2254) (June 26, 1975) (Justice Blackmun)

Article • September 17, 2004

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Brown v. Illinois, No. 73-6650 (U.S. Supreme Court) (422 U.S. 590; 95 S.Ct. 2254) (June 26, 1975) (Justice Blackmun) by In this case the Supreme Court observed the dual purposes behind application of the exclusionary rule to a suspect's statement made following a Fourth Amendment violation. Here, the police made …

U.S. v. Addonizio, No. 78-156 (U.S. Supreme Court) (442 U.S. 178; 99 S.Ct. 2235) (June 4, 1979) (Justice Stevens)

Article • September 17, 2004

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Addonizio, No. 78-156 (U.S. Supreme Court) (442 U.S. 178; 99 S.Ct. 2235) (June 4, 1979) (Justice Stevens) by In this case, the petitioner requested the sentencing court, by means of a motion under 28 U.S.C. § 2255, to reduce his sentence on the theory that subsequent developments had …

Jaffee v. Redmond, No. 95-266 (U.S. Supreme Court) (518 U.S. 1; 116 S.Ct. 1923) (June 13, 1996) (Justice Stevens)

Article • September 11, 2004

Filed under: Punch And Jurists, Psychotherapist-Patient Privilege

Jaffee v. Redmond, No. 95-266 (U.S. Supreme Court) (518 U.S. 1; 116 S.Ct. 1923) (June 13, 1996) (Justice Stevens) by In this civil case, seeking damages for wrongful death under 42 U.S.C. § 1983, the administrator of the decedent's estate sought access to the notes of a clinical social worker …

Farmer v. Brennan, No. 92-7247 (U.S. Supreme Court) (511 U.S. 825; 114 S.Ct. 1970) (June 6, 1994) (Justice Souter)

Article • September 2, 2004

Filed under: Punch And Jurists, Deliberate Indifference

Farmer v. Brennan, No. 92-7247 (U.S. Supreme Court) (511 U.S. 825; 114 S.Ct. 1970) (June 6, 1994) (Justice Souter) by In this case, involving prison conditions (as opposed to the excessive use of force), the Court established that the test for Eighth Amendment liablity of a prison official is deliberate …

U.S. v. Atondo-Santos, No. 04-10095 (9th Cir.) (385 F.3d 1199) (October 6, 2004) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Different Judge

U.S. v. Atondo-Santos, No. 04-10095 (9th Cir.) (385 F.3d 1199) (October 6, 2004) (Judge Alfred T. Goodwin) by The defendant in this case pled guilty to one count of possession with intent to distribute of 117 pounds of cocaine and one count of importation of cocaine. His Guideline sentencing range …