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Welsh v. Wisconsin, No. 82-5466 (U.S. Supreme Court) (466 U.S. 740; 104 S.Ct. 2091) (May 15, 1984) (Justice Brennan)
Article • February 27, 2004
Filed under: Punch And Jurists, Exigent Circumstances
Welsh v. Wisconsin, No. 82-5466 (U.S. Supreme Court) (466 U.S. 740; 104 S.Ct. 2091) (May 15, 1984) (Justice Brennan) by Here the Court granted certiorari to review a decision of the Wisconsis Supreme Court convicting petitioner on a non-jailable traffic offense, despite his claim that police violated the Fourth Amendment …
U.S. v. Powell, No. 83-1307 (U.S. Supreme Court) (469 U.S. 57; 105 S.Ct. 471) (December 10, 1984) (Justice Rehnquist)
Article • February 20, 2004
Filed under: Punch And Jurists
U.S. v. Powell, No. 83-1307 (U.S. Supreme Court) (469 U.S. 57; 105 S.Ct. 471) (December 10, 1984) (Justice Rehnquist) by The defendant in this case was convicted of using the telephone to commit the felony of "conspiracy to possess with the intent to distribute and possession with intent to distribute …
Roviaro v. U.S., No. 58 (U.S. Supreme Court) (353 U.S. 53; 77 S.Ct. 623) (March 25, 2057) (Justice Burton)
Article • February 16, 2004
Filed under: Punch And Jurists, Informer's Privilege
Roviaro v. U.S., No. 58 (U.S. Supreme Court) (353 U.S. 53; 77 S.Ct. 623) (March 25, 2057) (Justice Burton) by Here the Court held that where the disclosure of an informer's identity is crucial to the defense of an accused or essential to a fair trail, the Government's privilege to …
Pennsylvania v. Muniz, No. 89-213 (U.S. Supreme Court) (496 U.S. 582; 110 S.Ct. 2638) (June 18, 1990) (Justice Brennan)
Article • February 16, 2004
Filed under: Punch And Jurists, Booking-Question Exception
Pennsylvania v. Muniz, No. 89-213 (U.S. Supreme Court) (496 U.S. 582; 110 S.Ct. 2638) (June 18, 1990) (Justice Brennan) by In this case the Court was called upon to decide whether various incriminating utterances of a drunk-driving suspect, made while performing a series of sobriety tests, constitute testimonial responses to …
Miller v. Florida, No. 86-5344 (U.S. Supreme Court) (482 U.S. 423; 107 S.Ct. 2446) (June 9, 1987) (Justice O'Connor)
Article • February 6, 2004
Filed under: Punch And Jurists
Miller v. Florida, No. 86-5344 (U.S. Supreme Court) (482 U.S. 423; 107 S.Ct. 2446) (June 9, 1987) (Justice O'Connor) by This case is one of the Supreme Court's recent seminal cases on the Ex Post Facto Clause of the Constitution. The key principle behind the Court's ruling was that "central …
Johnson v. Governor of State of Fla., No. 02-14469 (11th Cir.) (353 F.3d 1287) (December 19, 2003) (Judge Rosemary Barkett)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Voting Rights
Johnson v. Governor of State of Fla., No. 02-14469 (11th Cir.) (353 F.3d 1287) (December 19, 2003) (Judge Rosemary Barkett) by The plaintiffs in this case, ex-felon citizens of Florida, on their own right and on behalf of others, sought review of a decision of the United States District Court …
U.S. v. Redemann, No. 03-CR-71 (E.D.Wisc.) (295 F.Supp.2d 887) (December 4, 2003) (Judge Lynn S. Adelman)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices
U.S. v. Redemann, No. 03-CR-71 (E.D.Wisc.) (295 F.Supp.2d 887) (December 4, 2003) (Judge Lynn S. Adelman) by This case is noted for Judge Adelman’s thought-provoking analysis of a sentencing departure based on his finding that several of the primary purposes of sentencing had previously been satisfied, a factor that thus …
Baldwin v. Reese, No. 02-964 (U.S. Supreme Court) (541 U.S. 27; 124 S.Ct. 1347) (March 2, 2004) (Justice Breyer)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Procedural Default/Error
Baldwin v. Reese, No. 02-964 (U.S. Supreme Court) (541 U.S. 27; 124 S.Ct. 1347) (March 2, 2004) (Justice Breyer) by In this habeas case, the limited issue before the Court was one of those arcane "exhaustion" rules designed to sift out frivolous appeals by prisoners - namely whether the petitioner …
U.S. v. Washington, No. 01-CR-191 (E.D.Wisc.) (293 F.Supp.2d 930) (November 17, 2003) (Judge Lynn S. Adelman)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists
U.S. v. Washington, No. 01-CR-191 (E.D.Wisc.) (293 F.Supp.2d 930) (November 17, 2003) (Judge Lynn S. Adelman) by This case is noted for its detailed discussion of the methodology to be followed and the factors to be considered when a court considers a Rule 35(b) motion for a reduction of a …
U.S. v. Williams, No. 03-5107 (6th Cir.) (355 F.3d 893) (December 23, 2003) (Judge Damon J. Keith)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Identity Theft
U.S. v. Williams, No. 03-5107 (6th Cir.) (355 F.3d 893) (December 23, 2003) (Judge Damon J. Keith) by This is the first case we have seen to address one of the latest of the Federal government’s ever-growing arsenal of new-fangled crimes - namely identity theft under the Identity Theft and …
In Re Sentencing, No. MISC 04-0024 (JBW) (E.D.N.Y.) (2004 U.S. Dist. LEXIS 1172) (January 20, 2004) (Judge Jack B. Weinstein)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, De Novo Review
In Re Sentencing, No. MISC 04-0024 (JBW) (E.D.N.Y.) (2004 U.S. Dist. LEXIS 1172) (January 20, 2004) (Judge Jack B. Weinstein) by In April, 2003l, Congress built an artificial fence around judicial discretion by enacting, hastily and with virtually no debate, the Feeney Amendment, a last-minute add-on to the Prosecutorial Remedies …
U.S. v. Reyes-Campos, No. CR.03-105-N (M.D.Ala.) (293 F.Supp.2d 1252) (November 4, 2003) (Judge Myron H. Thompson)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Cultural Assimilation
U.S. v. Reyes-Campos, No. CR.03-105-N (M.D.Ala.) (293 F.Supp.2d 1252) (November 4, 2003) (Judge Myron H. Thompson) by This case is noted for its timely and exhaustive review of the case law relating to downward departures based on a defendant’s “cultural assimilation” to the United States. In this case, the defendant, …
Benn v. Greiner, No. 98-CV-5621 (JBW) (E.D.N.Y.) (294 F.Supp.2d 354) (December 3, 2003) (Judge Jack B. Weinstein)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists
Benn v. Greiner, No. 98-CV-5621 (JBW) (E.D.N.Y.) (294 F.Supp.2d 354) (December 3, 2003) (Judge Jack B. Weinstein) by Justice has been slow in coming to James Benn, the petitioner in this case. He was convicted in 1991 of first-degree sodomy and attempted rape of P.M. The principal evidence against Benn …
U.S. v. Coates, No. CRIM.00-0170 PLF (D.D.C.) (295 F.Supp.2d 11) (August 1, 2003) (Judge Paul L. Friedman)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances
U.S. v. Coates, No. CRIM.00-0170 PLF (D.D.C.) (295 F.Supp.2d 11) (August 1, 2003) (Judge Paul L. Friedman) by Here, on a remand after an earlier downward departure had been vacated, Judge Friedman found a way to fashion the same sentence of 24 months in prison based on an adjustment for …
U.S. v. Smith, No. CRIM.A.01-0263-01RMU (D.D.C.) (297 F.Supp.2d 69) (October 28, 2003) (Judge Ricardo M. Urbina)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists
U.S. v. Smith, No. CRIM.A.01-0263-01RMU (D.D.C.) (297 F.Supp.2d 69) (October 28, 2003) (Judge Ricardo M. Urbina) by The defendant moved to have the Court reduce its restitution order by the amount of funds that had previously been administratively forfeited and remitted to the victim. While the Government claimed that it …
U.S. v. Arnett, No. 00-10170 (9th Cir.) (353 F.3d 765) (December 24, 2003) (Per Curiam)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Collateral Estoppel
U.S. v. Arnett, No. 00-10170 (9th Cir.) (353 F.3d 765) (December 24, 2003) (Per Curiam) by Here, just before oral argument, the Government confessed error on the collateral estoppel issue before the en banc court, which obviated the appeal from the decision reported at 327 F.3d 845 (9th Cir. 2003), …
U.S. v. Williams, No. 02-5001 (6th Cir.) (354 F.3d 497) (December 29, 2003) (Judge R. Guy Jr. Cole)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Exigent Circumstances
U.S. v. Williams, No. 02-5001 (6th Cir.) (354 F.3d 497) (December 29, 2003) (Judge R. Guy Jr. Cole) by U.S. v. Williams, 354 F.3d 497 (6th Cir. 2003) (Judge Cole) U.S. v. Deemer, 354 F.3d 1130 (9th Cir. 2004) (Judge Brunetti) In Payton v. New York, 445 U.S. 573 (1980), …
Anderson v. Cornejo, No. 02-2234 (7th Cir.) (355 F.3d 1021) (January 21, 2004) (Judge Frank H. Easterbrook)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Anderson v. Cornejo, No. 02-2234 (7th Cir.) (355 F.3d 1021) (January 21, 2004) (Judge Frank H. Easterbrook) by Three defendants filed interlocutory appeals from a decision entered by the United States District Court for the Northern District of Illinois, Eastern Division that denied their motion for summary judgment. Plaintiffs, black …
Green v. Berge, No. 01-4080 (7th Cir.) (354 F.3d 675) (January 9, 2004) (Judge Terrence T. Evans)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, DNA Evidence/Testing
Green v. Berge, No. 01-4080 (7th Cir.) (354 F.3d 675) (January 9, 2004) (Judge Terrence T. Evans) by Groceman v. U.S. Dept. of Justice, 354 F.3d 411 (5th Cir. 2004) (PerCuriam) Green v. Berge, 354 F.3d 675 (7th Cir. 2004) (Judge Evans) In these two cases, state and federally incarcerated …
Fullmer v. Michigan Dept. of State Police, No. 02-1731 (6th Cir.) (360 F.3d 579) (February 25, 2004) (Judge Martha Craig Daughtrey)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Megan's Laws
Fullmer v. Michigan Dept. of State Police, No. 02-1731 (6th Cir.) (360 F.3d 579) (February 25, 2004) (Judge Martha Craig Daughtrey) by Here the Sixth Circuit reversed a district court ruling which had held a Michigan law requiring the registration of sex offenders was unconstitutional because it had the effect …
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