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U.S. v. Davis, No. 12-12928 (11th Cir.) (785 F.3d 498) (May 5, 2015) (Judge Frank May Hull)

Article • August 3, 2015 • from P&J August, 2015

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Davis, No. 12-12928 (11th Cir.) (785 F.3d 498) (May 5, 2015) (Judge Frank May Hull) by In U.S. v. Davis, 754 F.3d 1205 (11th Cir. June 11, 2014) (P&J, 06/23/14) (“Davis I”), we noted that the Eleventh Circuit had become the first Circuit Court to hold that cell …

Alli-Balogun v. U.S., No. 92-CR-1108 (2nd Cir.) (114 F.Supp.3d 4) (July 15, 2015) (Judge Jack B. Weinstein)

Article • August 3, 2015 • from P&J August, 2015

Filed under: Punch And Jurists, "Drugs Minus Two"

Alli-Balogun v. U.S., No. 92-CR-1108 (2nd Cir.) (114 F.Supp.3d 4) (July 15, 2015) (Judge Jack B. Weinstein) by This 77-page decision is an important ruling involving the interplay between (a) motions for a sentence reduction in certain drug cases pursuant to 18 U.S.C. § 3582(c)(2), and (b) Guideline Amendment 782, …

U.S. v. Behren, No. 04-cr00341-REB (D.Colo.) (65 F.Supp.3d 1140) (August 26, 2014) (Judge Robert E. Blackburn)

Article • August 3, 2015 • from P&J August, 2015

Filed under: Punch And Jurists

U.S. v. Behren, No. 04-cr00341-REB (D.Colo.) (65 F.Supp.3d 1140) (August 26, 2014) (Judge Robert E. Blackburn) by This is an interesting decision that addresses a petition filed by the Probation Department, some ten years after the defendant was sentenced and while he was still in prison, seeking to expand the …

U.S. v. Bigley, No. 12-3022 (D.C. Cir.) (786 F.3d 11) (May 15, 2015) (Per Curiam)

Article • August 3, 2015 • from P&J August, 2015

Filed under: Punch And Jurists, Failure to Consider

U.S. v. Bigley, No. 12-3022 (D.C. Cir.) (786 F.3d 11) (May 15, 2015) (Per Curiam) by Detective Timothy Palchak, who the Court described as an “undercover operative” from the Metropolitan Police Department in the District of Columbia, engaged in a private online chat with John Bigley, a 75 year old …

Turkmen v. Hasty, No. 13-981 (2nd Cir.) (789 F.3d 218) (June 17, 2015) (Judge Pooler & Wesley)

Article • July 13, 2015 • from P&J July, 2015

Filed under: Punch And Jurists, Immunity

Turkmen v. Hasty, No. 13-981 (2nd Cir.) (789 F.3d 218) (June 17, 2015) (Judge Pooler & Wesley) by In this landmark decision, a divided panel from the Second Circuit reinstated a series of civil rights claims, initially asserted some 13 years ago against top Bush Administration officials, by some of …

Glossip v. Gross, No. 14-7955 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 2726) (June 29, 2015) (Justice Alito)

Article • July 13, 2015 • from P&J July, 2015

Filed under: Punch And Jurists, Lethal Injection

Glossip v. Gross, No. 14-7955 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 2726) (June 29, 2015) (Justice Alito) by This was an exceptionally rancorous death penalty decision - even for a Court that is so radically divided, both politically and philosophically, on the topic of capital punishment. In theory, …

U.S. v. Warner, No. 14-1330 (7th Cir.) (792 F.3d 847) (July 10, 2015) (Judge Michael S. Kanne)

Article • July 13, 2015 • from P&J July, 2015

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Warner, No. 14-1330 (7th Cir.) (792 F.3d 847) (July 10, 2015) (Judge Michael S. Kanne) by Can a really rich defendant buy his way out of prison in the year 2015? That’s essentially the essence of the question that the Seventh Circuit addressed in this case; and it …

U.S. v. D.W., No. 13-CR-173 (E.D.N.Y.) (198 F.Supp.3d 18) (June 25, 2015) (Judge Jack B. Weinstein)

Article • July 13, 2015 • from P&J July, 2015

Filed under: Punch And Jurists, Cruel and Unusual Punishment

U.S. v. D.W., No. 13-CR-173 (E.D.N.Y.) (198 F.Supp.3d 18) (June 25, 2015) (Judge Jack B. Weinstein) by Once again, our favorite judicial maverick, District Judge Jack Weinstein, has raised some weighty and searing questions about the automatically harsh sentences that are required to be imposed in child porn and sexual …

U.S. v. Suarez, No. 14-2378 (2nd Cir.) (791 F.3d 363) (June 30, 2015) (Judge Barrington D. Jr. Parker)

Article • July 13, 2015 • from P&J July, 2015

Filed under: Punch And Jurists, De Facto Life Sentence

U.S. v. Suarez, No. 14-2378 (2nd Cir.) (791 F.3d 363) (June 30, 2015) (Judge Barrington D. Jr. Parker) by The Rank Hypocrisy of American Diplomatic Honor: Yesid Rios Suarez, a citizen of Columbia, operated a large-scale drug trafficking organization out of Colombia and Venezuela for nearly 20 years. In September …

Davis v. Ayala, No. 13-1428 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 1428) (June 18, 2015) (Justice Alito)

Article • June 29, 2015 • from P&J July, 2015

Filed under: Punch And Jurists, Exclusion of Counsel

Davis v. Ayala, No. 13-1428 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 1428) (June 18, 2015) (Justice Alito) by In this case, the Supreme Court split 5 to 4 on the question of AEDPA deference to state-court harmless-error determinations. During jury selection in his triple-murder trial, Hector Ayala, who …

Coleman v. Tollefson, No. 13-1333 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 1759) (May 18, 2015) (Justice Breyer)

Article • June 29, 2015 • from P&J May, 2015

Filed under: Punch And Jurists, Pending Appeals

Coleman v. Tollefson, No. 13-1333 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 1759) (May 18, 2015) (Justice Breyer) by In this case, a unanimous Supreme Court tightened the rules for allowing federal prisoners to file lawsuits without paying filing fees. It did so by adopting a narrow interpretation of …

Elonis v. U.S., No. 13-983 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 2001) (June 1, 2015) (Judge John G. Roberts)

Article • June 29, 2015 • from P&J June, 2015

Filed under: Punch And Jurists, Cyberstalking

Elonis v. U.S., No. 13-983 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 2001) (June 1, 2015) (Judge John G. Roberts) by In this case, the Supreme Court made it harder to prosecute people for threats made on Facebook and other social media under a Federal statute, 18 U.S.C. § …

Yates v. U.S., No. 13-7451 (U.S. Supreme Court) (574 U.S. ___; 135 S.Ct. 1074) (February 25, 2015) (Justice Ginsburg)

Article • June 29, 2015 • from P&J March, 2015

Filed under: Punch And Jurists, "tangible objects"

Yates v. U.S., No. 13-7451 (U.S. Supreme Court) (574 U.S. ___; 135 S.Ct. 1074) (February 25, 2015) (Justice Ginsburg) by Some day philosophers will probably look back at this decision and, with great mirth, debate who was sillier: -- the avaricious prosecutors for attempting to prosecute a fisherman under the …

Ohio v. Clark, No. 13-1352 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 2173) (June 18, 2015) (Justice Alito)

Article • June 29, 2015 • from P&J June, 2015

Filed under: Punch And Jurists, Testimony of Minor

Ohio v. Clark, No. 13-1352 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 2173) (June 18, 2015) (Justice Alito) by In this case, the Supreme Court, by a 9-0 vote (albeit with two concurrences, one of which was more like a dissent), reinstated the criminal conviction of Darius Clark for …

Brumfield v. Cain, No. 13-1433 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 2269) (June 18, 2015) (Justice Sotomayor)

Article • June 29, 2015 • from P&J June, 2015

Filed under: Punch And Jurists

Brumfield v. Cain, No. 13-1433 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 2269) (June 18, 2015) (Justice Sotomayor) by In this case, the Court addressed the appeal of Kevan Brumfield, an inmate on death row in Louisiana, who was sentenced to death for the 1993 murder of a Baton …

Maryland v. Kulbicki, No. 14-848 (U.S. Supreme Court) (577 U.S. ___; 136 S.Ct. 2) (October 5, 2015) (Per Curiam)

Article • June 29, 2015 • from P&J October, 2015

Filed under: Punch And Jurists, Scientific Advances

Maryland v. Kulbicki, No. 14-848 (U.S. Supreme Court) (577 U.S. ___; 136 S.Ct. 2) (October 5, 2015) (Per Curiam) by On the opening day of the Supreme Court’s 2015-2016 Term, it issued this brief per curiam decision which addressed the issue of whether an appellate court violates the core principles …

Mellouli v. Lynch, No. 13-1034 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 1980) (June 1, 2015) (Justice Ginsburg)

Article • June 29, 2015 • from P&J June, 2015

Filed under: Punch And Jurists

Mellouli v. Lynch, No. 13-1034 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 1980) (June 1, 2015) (Justice Ginsburg) by In 2004, Moones Mellouli, a native of Tunisia, entered the United States on a student visa and later became a lawful permanent resident. In 2010, Mellouli was stopped for a …

Henderson v. U.S., No. 13-1487 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 1780) (May 18, 2015) (Justice Kagan)

Article • June 29, 2015 • from P&J May, 2015

Filed under: Punch And Jurists, Transfers to Third Party

Henderson v. U.S., No. 13-1487 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 1780) (May 18, 2015) (Justice Kagan) by Under 18 U.S.C. § 922(g), it is unlawful for a person who has been convicted of a felony to possess a firearm. The question raised by the instant case was …

Johnson v. U.S., No. 13-7120 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 2551) (June 26, 2015) (Justice Scalia)

Article • June 29, 2015 • from P&J June, 2015

Filed under: Punch And Jurists, Vagueness and Over-Breadth

Johnson v. U.S., No. 13-7120 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 2551) (June 26, 2015) (Justice Scalia) by This is a watershed criminal law decision that (a) strikes down as unconstitutionally vague a critical and frequently used mandatory minimum sentencing provision of the Armed Career Criminal Act of …

McFadden v. U.S., No. 14-378 (U.S. Supreme Court) (576 U.S. ___; 136 S.Ct. 2298) (June 18, 2015) (Justice Thomas)

Article • June 29, 2015 • from P&J June, 2015

Filed under: Punch And Jurists, Mens Rea

McFadden v. U.S., No. 14-378 (U.S. Supreme Court) (576 U.S. ___; 136 S.Ct. 2298) (June 18, 2015) (Justice Thomas) by This appeal involved multiple convictions of the petitioner, Stephen McFadden, arising from the sale of “controlled substance analogues” in violation of an almost unreadable statutory riddle, the Controlled Substance Analogue …