Search | Punch and Jurists

Bivens v. Six Unknown Fed. Narcotics Agents, No. 301 (U.S. Supreme Court) (403 U.S. 388; 91 S.Ct. 1999) (June 21, 1971) (Justice Brennan)

Article • May 28, 2004

Filed under: Punch And Jurists, Bivens Actions

Bivens v. Six Unknown Fed. Narcotics Agents, No. 301 (U.S. Supreme Court) (403 U.S. 388; 91 S.Ct. 1999) (June 21, 1971) (Justice Brennan) by This seminal case established that federal courts have the inherent authority to award damages to plaintiffs whose federal constitutional rights are violated by federal officials. Such …

Taylor v. Kentucky, No. 77-5549 (U.S. Supreme Court) (436 U.S. 478; 98 S.Ct. 1930) (May 30, 1978) (Justice Powell)

Article • May 19, 2004

Filed under: Punch And Jurists

Taylor v. Kentucky, No. 77-5549 (U.S. Supreme Court) (436 U.S. 478; 98 S.Ct. 1930) (May 30, 1978) (Justice Powell) by In this case the petitioner was convicted of robbery of a house, where he stole a house key and a billfold containing $10 to $15. He was sentenced to five …

Kercheval v. U.S., No. 705 (U.S. Supreme Court) (274 U.S. 220; 47 S.Ct. 582) (May 2, 2027) (Justice Butler)

Article • May 18, 2004

Filed under: Punch And Jurists

Kercheval v. U.S., No. 705 (U.S. Supreme Court) (274 U.S. 220; 47 S.Ct. 582) (May 2, 2027) (Justice Butler) by The defendant appealed from a decision of the Eighth Circuit, which sustained defendant's mail fraud. The defendant contended that the trial court had erred in allowing evidence of defendant's previous …

Liteky v. U.S., No. 92-6921 (U.S. Supreme Court) (510 U.S. 540; 114 S.Ct. 1147) (March 7, 1994) (Justice Scalia)

Article • May 11, 2004

Filed under: Recusal, Punch And Jurists

Liteky v. U.S., No. 92-6921 (U.S. Supreme Court) (510 U.S. 540; 114 S.Ct. 1147) (March 7, 1994) (Justice Scalia) by Case held that recusal of judges under 28 USC § 455(a) is subject to the common law doctrine known as the "extrajudicial source" doctrine, which holds that opinions expressed during …

Wilson v. Garcia, No. 83-2146 (U.S. Supreme Court) (471 U.S. 261; 105 S.Ct. 1938) (April 17, 1985) (Justice Stevens)

Article • May 10, 2004

Filed under: Punch And Jurists

Wilson v. Garcia, No. 83-2146 (U.S. Supreme Court) (471 U.S. 261; 105 S.Ct. 1938) (April 17, 1985) (Justice Stevens) by Justice O'Connor dissented, stating that she found "no justification, given our longstanding interpretation of 42 U.S.C. 1988 and Congress' awareness of it, for abandoning the rule that courts must identify …

Mistretta v. U.S., No. 87-7028 (U.S. Supreme Court) (488 U.S. 361; 109 S.Ct. 647) (January 18, 1989) (Justice Blackmun)

Article • May 2, 2004

Filed under: Punch And Jurists

Mistretta v. U.S., No. 87-7028 (U.S. Supreme Court) (488 U.S. 361; 109 S.Ct. 647) (January 18, 1989) (Justice Blackmun) by The petitioner, John Mistretta (who was convicted of three counts of selling cocaine) claimed that the Sentencing Reform Act (the "Reform Act") violated the delegation-of-powers principle by giving the U.S. …

Jansen v. U.S., No. 02-4215 (3rd Cir.) (369 F.3d 237) (May 21, 2004) (Judge Dickinson R. Debevoise)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

Jansen v. U.S., No. 02-4215 (3rd Cir.) (369 F.3d 237) (May 21, 2004) (Judge Dickinson R. Debevoise) by Robert Jansen, the appellant/inmate in this case, filed a petition for habeas corpus pursuant to 28 U.S.C. § 2255, alleging that his trial counsel was ineffective for failing to argue at sentencing …

U.S. v. Isiofia, No. 03-1287 (2nd Cir.) (370 F.3d 226) (June 1, 2004) (Judge Barrington D. Jr. Parker)

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

Filed under: Punch And Jurists, Consent

U.S. v. Isiofia, No. 03-1287 (2nd Cir.) (370 F.3d 226) (June 1, 2004) (Judge Barrington D. Jr. Parker) by Here the Second Circuit affirmed the district court’s suppression of evidence based on its finding that the defendant’s consents to searches were not voluntary. In an effort to identify and arrest …

U.S. v. Chin, No. 03-1621 (2nd Cir.) (371 F.3d 31) (June 2, 2004) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists

U.S. v. Chin, No. 03-1621 (2nd Cir.) (371 F.3d 31) (June 2, 2004) (Judge Joseph M. McLaughlin) by Between 1997 and 1999, a swindler, simultaneously impersonating both an immigration lawyer and an officer of the INS, promised Chinese immigrants work visas for their foreign relatives in exchange for cash payment. …

Hiibel v. Sixth Judicial Dist. Ct. of Nevada, No. 03-5554 (U.S. Supreme Court) (542 U.S. 177; 124 S.Ct. 2451) (June 21, 2004) (Justice Kennedy)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Hiibel v. Sixth Judicial Dist. Ct. of Nevada, No. 03-5554 (U.S. Supreme Court) (542 U.S. 177; 124 S.Ct. 2451) (June 21, 2004) (Justice Kennedy) by Larry “Dudley” Hiibel, a Nevada cattle rancher and a person dubbed by the Nevada courts as a “dedicated libertarian,” was prosecuted under a Nevada law …

Nelson v. Campbell, No. 03-6821 (U.S. Supreme Court) (541 U.S. 637; 124 S.Ct. 2117) (May 24, 2004) (Justice O'Connor)

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

Filed under: Punch And Jurists, Lethal Injection

Nelson v. Campbell, No. 03-6821 (U.S. Supreme Court) (541 U.S. 637; 124 S.Ct. 2117) (May 24, 2004) (Justice O'Connor) by The petitioner in this case, David Nelson, was three days away from execution by the state of Alabama when he filed this civil action for deprivation of rights pursuant to …

U.S. v. Rivas-Gonzalez, No. 03-30167 (9th Cir.) (365 F.3d 806) (April 22, 2004) (Judge Ronald M. Gould)

Article • May 1, 2004 • from P&J August, 2004

Filed under: Punch And Jurists, Cultural Assimilation

U.S. v. Rivas-Gonzalez, No. 03-30167 (9th Cir.) (365 F.3d 806) (April 22, 2004) (Judge Ronald M. Gould) by U.S. v. Castillo, 386 F.3d 632 (5th Cir. 09/22/04) (Judge Barksdale) U.S. v. Rivas-Gonzalez, 384 F.3d 1034 (9th Cir. 09/27/04) (Judge Gould) These two cases are noted for their extended discussions of …

U.S. v. Mitchell, No. 02-2859 (3rd Cir.) (365 F.3d 215) (April 29, 2004) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Fingerprint Evidence

U.S. v. Mitchell, No. 02-2859 (3rd Cir.) (365 F.3d 215) (April 29, 2004) (Judge Edward R. Becker) by As the events surrounding the recent arrest and incarceration of Oregon attorney Brendon Mayfield proved, the FBI’s ability to achieve a positive match from at least some fingerprint evidence may be far …

Yarborough v. Alvarado, No. 02-1684 (U.S. Supreme Court) (541 U.S. 652; 124 S.Ct. 2140) (June 1, 2004) (Justice Kennedy)

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

Filed under: Punch And Jurists, Miranda

Yarborough v. Alvarado, No. 02-1684 (U.S. Supreme Court) (541 U.S. 652; 124 S.Ct. 2140) (June 1, 2004) (Justice Kennedy) by This case began in 1985 when 17-year old Michael Alvarado and another man tried to hijack a truck in Santa Fe Springs, Calif. The other man shot the driver to …

U.S. v. Nucci, No. 02-1515 (2nd Cir.) (364 F.3d 419) (April 14, 2004) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists

U.S. v. Nucci, No. 02-1515 (2nd Cir.) (364 F.3d 419) (April 14, 2004) (Judge John M. Jr. Walker) by Although the provisions of the Mandatory Victims Restitution Act (18 U.S.C. §§ 3663A and 3664) (“MVRA”) are silent on the issue, the Second Circuit held, as a matter of first impression, …

U.S. v. Koubriti, No. 01-CR-80778 (E.D.Mich.) (307 F.Supp.2d 891) (March 8, 2004) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Gag Order

U.S. v. Koubriti, No. 01-CR-80778 (E.D.Mich.) (307 F.Supp.2d 891) (March 8, 2004) (Judge Gerald E. Rosen) by Defendants were convicted of terrorism-related activities and had filed motions for new trial and acquittal. The court entered an order precluding lawyers and parties from disseminating or commenting upon confidential, classified, or sealed …

U.S. v. Green, No. Crim. No. 02-10054-WGY (D.Mass.) (346 F.Supp.2d 259) (June 18, 2004) (Judge William G. Young)

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

Filed under: Punch And Jurists

U.S. v. Green, No. Crim. No. 02-10054-WGY (D.Mass.) (346 F.Supp.2d 259) (June 18, 2004) (Judge William G. Young) by In this unusually long and blunt analysis of the tactics used by prosecutors to wrest control of the sentencing process from the judiciary, Judge Young concluded that the Guidelines are unconstitutional, …

U.S. v. Rutherford, No. 03-10158 (9th Cir.) (371 F.3d 634) (June 10, 2004) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Jury Coercion/Tampering

U.S. v. Rutherford, No. 03-10158 (9th Cir.) (371 F.3d 634) (June 10, 2004) (Judge Stephen Reinhardt) by After the husband and wife defendants in this case were convicted by a jury of two counts of tax evasion, they appealed, arguing principally that their right to a fair trial had been …

U.S. v. Mikutowicz, No. 02-2469 (1st Cir.) (365 F.3d 65) (April 22, 2004) (Judge Jeffrey R. Howard)

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

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Mikutowicz, No. 02-2469 (1st Cir.) (365 F.3d 65) (April 22, 2004) (Judge Jeffrey R. Howard) by Here the Courtvacated a two-level sentence reduction for acceptance of responsibility and a five-level downward departure for aberrant conduct granted to a defendant who went to trial for various tax crimes, but …

U.S. v. Hiruko, No. 03 CR 1124 (JG) (E.D.N.Y.) (320 F.Supp.2d 26) (June 9, 2004) (Judge John Gleeson)

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

Filed under: Punch And Jurists, Evidence - Weight of

U.S. v. Hiruko, No. 03 CR 1124 (JG) (E.D.N.Y.) (320 F.Supp.2d 26) (June 9, 2004) (Judge John Gleeson) by Defendants were charged with conspiracy and substantive counterfeiting offenses. One defendant moved to suppress counterfeit money allegedly seized from the floor in the back seat of the car that he was …