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Stauber v. The City of New York, No. 03 Civ. 9162 (RWS) (S.D.N.Y.) (2004 U.S. Dist. LEXIS 13350) (July 16, 2004) (Judge Robert W. Sweet)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

Stauber v. The City of New York, No. 03 Civ. 9162 (RWS) (S.D.N.Y.) (2004 U.S. Dist. LEXIS 13350) (July 16, 2004) (Judge Robert W. Sweet) by In response to three separate actions filed against the New York City Police Department, Judge Sweet has ruled that police officers cannot search the …

U.S. v. Estate of Parsons, No. 01-50464 (5th Cir.) (367 F.3d 409) (April 16, 2004) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists

U.S. v. Estate of Parsons, No. 01-50464 (5th Cir.) (367 F.3d 409) (April 16, 2004) (Judge Jerry E. Smith) by Defendant's estate appealed a judgment of the United States District Court for the Western District of Texas convicting defendant of arson, mail fraud, and money laundering. Defendant was ordered to …

Hamdi v. Rumsfeld, No. 03-6696 (U.S. Supreme Court) (542 U.S. 507; 124 S.Ct. 2633) (June 28, 2004) (Justice O'Connor)

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

Filed under: Punch And Jurists, Terrorist Designation/Terrorism Label

Hamdi v. Rumsfeld, No. 03-6696 (U.S. Supreme Court) (542 U.S. 507; 124 S.Ct. 2633) (June 28, 2004) (Justice O'Connor) by There were, essentially, two issues before the Supreme Court in this case: (a) the legality of the Government’s detention of Yaser Esam Hamdi, an American citizen, on United States soil …

U.S. v. Pineiro, No. 03-30437 (5th Cir.) (377 F.3d 464) (July 12, 2004) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Pineiro, No. 03-30437 (5th Cir.) (377 F.3d 464) (July 12, 2004) (Judge Carolyn Dineen King) by In sharp contrast to the Sixth and Seventh Circuit rulings in U.S. v. Montgomery, No. 03-5256 (6th Cir. July 14, 2004) and U.S. v. Booker, No. 03-4225 (7th Cir. July 9, 2004), …

U.S. v. Montgomery, No. 03-5256 (6th Cir.) (2004 U.S. App. LEXIS 14384) (July 14, 2004) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Montgomery, No. 03-5256 (6th Cir.) (2004 U.S. App. LEXIS 14384) (July 14, 2004) (Judge Gilbert S. Merritt) by In this brief decision, the Sixth Circuit agreed with the Seventh Circuit’s assessment (in U.S. v. Booker, No. 03-4225 (7th Cir. July 9, 2004)) that Blakely v. Washington, 124 S.Ct. …

Missouri v. Seibert, No. 02-1371 (U.S. Supreme Court) (542 U.S. 600; 124 S.Ct. 2601) (June 28, 2004) (Justice Souter)

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

Filed under: Punch And Jurists, Two-Step Interrogation Process

Missouri v. Seibert, No. 02-1371 (U.S. Supreme Court) (542 U.S. 600; 124 S.Ct. 2601) (June 28, 2004) (Justice Souter) by Ever since the Supreme Court established, in Miranda v. Arizona, 384 U.S. 436 (1966), that suspects are entitled to certain warnings before they may be interrogated, law enforcement officials have …

Rasul v. Bush, No. 03-334 (U.S. Supreme Court) (542 U.S. 466; 124 S.Ct. 2686) (June 28, 2004) (Justice Stevens)

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

Filed under: Punch And Jurists

Rasul v. Bush, No. 03-334 (U.S. Supreme Court) (542 U.S. 466; 124 S.Ct. 2686) (June 28, 2004) (Justice Stevens) by The narrow but important issue before the Supreme Court in these two consolidated cases was whether United States courts lack jurisdiction to consider challenges to the legality of the detention …

Tennard v. Dretke, No. 02-10038 (U.S. Supreme Court) (542 U.S. 274; 124 S.Ct. 2562) (June 24, 2004) (Justice O'Connor)

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

Filed under: Punch And Jurists

Tennard v. Dretke, No. 02-10038 (U.S. Supreme Court) (542 U.S. 274; 124 S.Ct. 2562) (June 24, 2004) (Justice O'Connor) by This decision is the latest chapter in a case that dates back to 1986, when petitioner Robert Tennard was convicted of capital murder in Texas. During the penalty phase of …

Rumsfeld v. Padilla, No. 03-1027 (U.S. Supreme Court) (542 U.S. 426; 124 S.Ct. 2711) (June 28, 2004) (Justice Rehnquist)

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

Filed under: Punch And Jurists, Terrorist Designation/Terrorism Label

Rumsfeld v. Padilla, No. 03-1027 (U.S. Supreme Court) (542 U.S. 426; 124 S.Ct. 2711) (June 28, 2004) (Justice Rehnquist) by This decision was perhaps the most surprising of the three companion terrorist detention cases decided by the Supreme Court on June 28, 2004. Jose Padilla is an American citizen who …

U.S. v. Smith, No. 03-CR-92 (E.D.Wisc.) (311 F.Supp.2d 801) (March 30, 2004) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Smith, No. 03-CR-92 (E.D.Wisc.) (311 F.Supp.2d 801) (March 30, 2004) (Judge Lynn S. Adelman) by Defendant was charged with distribution of cocaine base, and he pled guilty to the charge. The trial court convicted defendant of the offense, and a presentence report was prepared. The report placed defendant's …

U.S. v. Lynch, No. 02-30216 (9th Cir.) (367 F.3d 1148) (May 13, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Lynch, No. 02-30216 (9th Cir.) (367 F.3d 1148) (May 13, 2004) (Per Curiam) by Defendant was convicted by a jury in the United States District Court for the District of Montana of violating the Hobbs Act, 18, U.S.C. § 1951, and carrying a firearm during the commission of …

U.S. v. Croxford, No. 2:02-CR-00302PGC (D.Utah) (324 F.Supp.2d 1230) (July 7, 2004) (Judge Paul G. Cassell)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Croxford, No. 2:02-CR-00302PGC (D.Utah) (324 F.Supp.2d 1230) (July 7, 2004) (Judge Paul G. Cassell) by

U.S. v. Mooney, No. 02-3388 (8th Cir.) (2004 U.S. App. LEXIS 15301) (July 23, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Mooney, No. 02-3388 (8th Cir.) (2004 U.S. App. LEXIS 15301) (July 23, 2004) (Per Curiam) by The per curiam label on this decision is actually quite deceptive - as it tends to cloud some of the significant differences among the judges on the contentious sentencing issues before the …

U.S. v. Khan, No. 02-CR-1242 (JBW) (E.D.N.Y.) (325 F.Supp.2d 218) (July 12, 2004) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Khan, No. 02-CR-1242 (JBW) (E.D.N.Y.) (325 F.Supp.2d 218) (July 12, 2004) (Judge Jack B. Weinstein) by The defendant in this case was convicted of cash smuggling, 31 U.S.C. § 5332(a) and (b), making false statements 18 U.S.C. § 1001(a)(2), and conspiracy, 18 U.S.C. § 371 and he was …

U.S. v. Croxford, No. 2:02-CR-00392-PGC (D.Utah) (324 F.Supp.2d 1255) (July 12, 2004) (Judge Paul G. Cassell)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Croxford, No. 2:02-CR-00392-PGC (D.Utah) (324 F.Supp.2d 1255) (July 12, 2004) (Judge Paul G. Cassell) by Defendant was before the court for sentencing on the offense of sexual exploitation of a child in violation of 18 U.S.C.S. § 2251(a). The U.S. Supreme Court defined the "statutory maximum" for Apprendi …

U.S. v. Patane, No. 02-1183 (U.S. Supreme Court) (542 U.S. 630; 124 S.Ct. 2620) (June 28, 2004) (Justice Thomas)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Patane, No. 02-1183 (U.S. Supreme Court) (542 U.S. 630; 124 S.Ct. 2620) (June 28, 2004) (Justice Thomas) by In this case, the Supreme Court considered whether the failure to properly Mirandize a suspect requires the suppression of physical evidence obtained as the result of the inadmissible - though …

Holland v. Jackson, No. 03-1200 (U.S. Supreme Court) (542 U.S. 649; 124 S.Ct. 2736) (June 28, 2004) (Per Curiam)

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

Filed under: Punch And Jurists

Holland v. Jackson, No. 03-1200 (U.S. Supreme Court) (542 U.S. 649; 124 S.Ct. 2736) (June 28, 2004) (Per Curiam) by

Beard v. Banks, No. 02-1603 (U.S. Supreme Court) (542 U.S. 406; 124 S.Ct. 2504) (June 24, 2004) (Justice Thomas)

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

Filed under: Punch And Jurists

Beard v. Banks, No. 02-1603 (U.S. Supreme Court) (542 U.S. 406; 124 S.Ct. 2504) (June 24, 2004) (Justice Thomas) by Here the Court held that its decision in Mills v. Maryland, 486 U.S. 367 (1988) did not qualify for retroactive treatment under either of the two exceptions established in Teague …

Schriro v. Summerlin, No. 03-526 (U.S. Supreme Court) (542 U.S. 348; 124 S.Ct. 2519) (June 24, 2004) (Justice Scalia)

Article • June 1, 2004 • from P&J November, 2003

Filed under: Punch And Jurists

Schriro v. Summerlin, No. 03-526 (U.S. Supreme Court) (542 U.S. 348; 124 S.Ct. 2519) (June 24, 2004) (Justice Scalia) by This case addressed whether the Court’s decision in Ring v. Arizona, 536 U.S. 584 (2002) (which held that juries (not judges) must determine the presence of aggravating factors qualifying a …

Hadix v. Johnson, No. 03-1334 (6th Cir.) (367 F.3d 513) (May 6, 2004) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Hadix v. Johnson, No. 03-1334 (6th Cir.) (367 F.3d 513) (May 6, 2004) (Judge Cornelia G. Kennedy) by In plaintiff inmates' 42 U.S.C. § 1983 and Eighth Amendment action, defendant prison officials appealed an injunction issued by the United States District Court for the Western District of Michigan, arguing error …