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U.S. v. Washington, No. 3:02CR146 (JBA) (D.Conn.) (294 F.Supp.2d 246) (December 15, 2003) (Judge Janet Bond Arterton)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Washington, No. 3:02CR146 (JBA) (D.Conn.) (294 F.Supp.2d 246) (December 15, 2003) (Judge Janet Bond Arterton) by The government filed a motion for reconsideration of the ruling granting defendant's amended motion for a new trial. The district court vacated defendant's conviction and ordered a new trial, pursuant to Fed. …

Crawford v. Washington, No. 02-9410 (U.S. Supreme Court) (541 U.S. 36; 124 S.Ct. 1354) (March 8, 2004) (Justice Scalia)

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

Filed under: Punch And Jurists

Crawford v. Washington, No. 02-9410 (U.S. Supreme Court) (541 U.S. 36; 124 S.Ct. 1354) (March 8, 2004) (Justice Scalia) by The Sixth Amendment’s Confrontation Clause provides that “in all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.” In 1980, …

Farrakhan v. State of Washington, No. 01-35032 (9th Cir.) (359 F.3d 1116) (February 24, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, Voting Rights

Farrakhan v. State of Washington, No. 01-35032 (9th Cir.) (359 F.3d 1116) (February 24, 2004) (Per Curiam) by Here a sharply divided en banc court from the Ninth Circuit declined to overturn a panel’s prior decision (reported at 338 F.3d 1009 (9th Cir. 2003)) which upheld the validity of a …

U.S. v. Big Apple Bag Company, Inc., No. 03-CR-781 (NGG) (E.D.N.Y.) (306 F.Supp.2d 331) (February 25, 2004) (Judge Nicholas G. Garaufis)

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

Filed under: Punch And Jurists, Material Falsehoods

U.S. v. Big Apple Bag Company, Inc., No. 03-CR-781 (NGG) (E.D.N.Y.) (306 F.Supp.2d 331) (February 25, 2004) (Judge Nicholas G. Garaufis) by After the defendants in this case were charged with trafficking in drug paraphernalia, in violation of 21 U.S.C. § 863, and related crimes, they filed a motion to …

U.S. v. Bolden, No. 02-6249 (10th Cir.) (353 F.3d 870) (December 24, 2003) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Separation of Powers

U.S. v. Bolden, No. 02-6249 (10th Cir.) (353 F.3d 870) (December 24, 2003) (Judge Deanell R. Tacha) by This case represents another example of a growing undercurrent of judicial discontent about the Government’s absolute and unreviewable power to decide whether a defendant qualifies for a sentence reduction under U.S.S.G. § …

U.S. v. Castro-Gomez, No. 01-2334 (1st Cir.) (360 F.3d 216) (February 23, 2004) (Judge Jeffrey R. Howard)

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

Filed under: Punch And Jurists

U.S. v. Castro-Gomez, No. 01-2334 (1st Cir.) (360 F.3d 216) (February 23, 2004) (Judge Jeffrey R. Howard) by The defendant in this case was apprehended several miles off the coast of Puerto Rico while piloting a boat containing two other passengers and some 762 kilograms of cocaine. After he was …

Richardson v. Briley, No. 00 C 6425 (N.D.Ill.) (2004 U.S. Dist. LEXIS 1638) (February 9, 2004) (Judge Matthew F. Kennelly)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

Richardson v. Briley, No. 00 C 6425 (N.D.Ill.) (2004 U.S. Dist. LEXIS 1638) (February 9, 2004) (Judge Matthew F. Kennelly) by In April 1984, Floyd Richardson was tried and convicted for the robbery and murder of a food store clerk that took place four years earlier. He was sentenced to …

U.S. v. Saccoccia, No. 01-2160 (1st Cir.) (354 F.3d 9) (December 22, 2003) (Judge Conrad K. Cyr)

Article • February 1, 2004 • from P&J August, 2003

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Saccoccia, No. 01-2160 (1st Cir.) (354 F.3d 9) (December 22, 2003) (Judge Conrad K. Cyr) by Here the Court vacated an order of Judge Torres, reported at 165 F.Supp.2d 103 (D.R.I. 2001) directing various defense attorneys who had received legal fees from the convicted RICO defendants to disgorge …

Adler v. Menifee, No. 03 CIV. 9146(CLB) (S.D.N.Y.) (293 F.Supp.2d 363) (November 21, 2003) (Judge Charles L. Brieant)

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

Filed under: Punch And Jurists, 10% Limitation

Adler v. Menifee, No. 03 CIV. 9146(CLB) (S.D.N.Y.) (293 F.Supp.2d 363) (November 21, 2003) (Judge Charles L. Brieant) by Petitioner, a federal prisoner, sought an order compelling the Bureau of Prisons to disregard the new so-called 10 per cent rule that limited the period of time a federal inmate could …

Thompson v. Oklahoma, No. 86-6169 (U.S. Supreme Court) (487 U.S. 815; 108 S.Ct. 2687) (June 29, 1988) (Justice Stevens)

Article • January 28, 2004

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Thompson v. Oklahoma, No. 86-6169 (U.S. Supreme Court) (487 U.S. 815; 108 S.Ct. 2687) (June 29, 1988) (Justice Stevens) by Here, the Supreme Court has indicated that the age of a young defendant is relevant, in the Eighth Amendment sense, to his culpability. A plurality of the Court concluded that …

In Re Kevin Nigel Stanford, No. 01-10009 (U.S. Supreme Court) (537 U.S. 968; 123 S.Ct. 472) (October 21, 2002) (Per Curiam)

Article • January 28, 2004

Filed under: Punch And Jurists, Cruel and Unusual Punishment

In Re Kevin Nigel Stanford, No. 01-10009 (U.S. Supreme Court) (537 U.S. 968; 123 S.Ct. 472) (October 21, 2002) (Per Curiam) by Although five of the Justices voted to deny certiorari in this case, four of the Justices said they believed the Constitution bars the execution of those who committed …

U.S. v. Rutherford, No. 78-605 (U.S. Supreme Court) (442 U.S. 544; 99 S.Ct. 2470) (June 18, 1979) (Justice Marshall)

Article • January 24, 2004

Filed under: Punch And Jurists

U.S. v. Rutherford, No. 78-605 (U.S. Supreme Court) (442 U.S. 544; 99 S.Ct. 2470) (June 18, 1979) (Justice Marshall) by In this case dealing with statutory construction, the Court held that "under our constitutional framework, federal courts do not sit as councils of revision, empowered to rewrite legislation in accord …

Thornburgh v. Abbott, No. 87-1344 (U.S. Supreme Court) (490 U.S. 401; 109 S.Ct. 1874) (May 15, 1989) (Justice Blackmun)

Article • January 18, 2004

Filed under: Punch And Jurists, Prison Regulations

Thornburgh v. Abbott, No. 87-1344 (U.S. Supreme Court) (490 U.S. 401; 109 S.Ct. 1874) (May 15, 1989) (Justice Blackmun) by At issue in this case were regulations promulgated by the Federal Bureau of Prisons that broadly permited federal prisoners to receive publications from the "outside," but which also authorized prison …

Procunier v. Martinez, No. 72-1465 (U.S. Supreme Court) (416 U.S. 396; 94 S.Ct. 1800) (April 29, 1974) (Justice Powell)

Article • January 18, 2004

Filed under: Punch And Jurists, Prison Mail

Procunier v. Martinez, No. 72-1465 (U.S. Supreme Court) (416 U.S. 396; 94 S.Ct. 1800) (April 29, 1974) (Justice Powell) by Here the Court held that censorship of prison mail is permissible under the First Amendment if it is supported by a legitimate governmental interest and the censorship is not greater …

Turner v. Safley, No. 85-1384 (U.S. Supreme Court) (482 U.S. 78; 107 S.Ct. 2254) (June 1, 1987) (Justice O'Connor)

Article • January 18, 2004

Filed under: Punch And Jurists, Prison Regulations

Turner v. Safley, No. 85-1384 (U.S. Supreme Court) (482 U.S. 78; 107 S.Ct. 2254) (June 1, 1987) (Justice O'Connor) by This decision is the Supreme Court's seminal decision on the standards that should apply to determine the vbalidity of prison regulations. Here, the Eighth Circuit had affirmed a district court's …

Turner v. Safley, No. 85-1384 (U.S. Supreme Court) (482 U.S. 78; 107 S.Ct. 2254) (June 1, 1987) (Justice O'Connor)

Article • January 18, 2004

Filed under: Punch And Jurists, Prison Mail

Turner v. Safley, No. 85-1384 (U.S. Supreme Court) (482 U.S. 78; 107 S.Ct. 2254) (June 1, 1987) (Justice O'Connor) by In this lengthy decision, among the many prison issues considered, the Court also considered a Missouri prison regulation that forbade communications between inmates at different institutions. The Court upheld the …

North Carolina v. Pearce, No. 413 (U.S. Supreme Court) (395 U.S. 711; 89 S.Ct. 2072) (June 23, 1969) (Justice Stewart)

Article • January 9, 2004

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

North Carolina v. Pearce, No. 413 (U.S. Supreme Court) (395 U.S. 711; 89 S.Ct. 2072) (June 23, 1969) (Justice Stewart) by Here the Court held that the Due Process Clause of the Fifth Amendment requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no …

U.S. v. Maldonado, No. 03-1739 (1st Cir.) (356 F.3d 130) (January 20, 2004) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Searches - Administrative

U.S. v. Maldonado, No. 03-1739 (1st Cir.) (356 F.3d 130) (January 20, 2004) (Judge Bruce M. Selya) by This case raised two issues of first impression for the First Circuit, namely whether interstate commercial trucking is a pervasively regulated industry, and if so, whether the regulatory scheme applicable to that …

Humanitarian Law Project v. Ashcroft, No. CV 03-6107 ABC (C.D.Cal.) (309 F.Supp.2d 1185) (March 17, 2004) (Judge Audrey B. Collins)

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

Filed under: Punch And Jurists, Material Support Ban

Humanitarian Law Project v. Ashcroft, No. CV 03-6107 ABC (C.D.Cal.) (309 F.Supp.2d 1185) (March 17, 2004) (Judge Audrey B. Collins) by In a ruling that marks one of the first court decisions to declare an important part of the post-9/11 antiterrorism statute unconstitutional, Judge Collins held that certain provisions of …

Evans v. Zebulon, No. 02-16424 (11th Cir.) (351 F.3d 485) (November 18, 2003) (Judge R. Lanier III Anderson)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Evans v. Zebulon, No. 02-16424 (11th Cir.) (351 F.3d 485) (November 18, 2003) (Judge R. Lanier III Anderson) by