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Doe v. Boland, No. 09-4281 (6th Cir.) (630 F.3d 491) (January 19, 2011) (Judge Jeffrey S. Sutton)

Article • February 7, 2011 • from P&J February, 2011

Filed under: Expert Witnesses, Punch And Jurists

Doe v. Boland, No. 09-4281 (6th Cir.) (630 F.3d 491) (January 19, 2011) (Judge Jeffrey S. Sutton) by One of the most controversial provisions of the Adam Walsh Child Protection and Safety Act of 2006 (the “Adam Walsh Act”) states that, in any criminal proceeding, child pornography “shall remain in …

U.S. v. Marcus, No. 07-4005-cr (2nd Cir.) (628 F.3d 36) (December 7, 2010) (Judge Richard C. Wesley)

Article • December 1, 2010

Filed under: Retroactivity, Punch And Jurists

U.S. v. Marcus, No. 07-4005-cr (2nd Cir.) (628 F.3d 36) (December 7, 2010) (Judge Richard C. Wesley) by Defendant's forced labor conviction under the Trafficking Victims Protection Act (TVPA) is affirmed where defendant offered no explanation for how his pre-enactment conduct differed from his post-enactment conduct in a manner that …

U.S. v. Kottwitz, No. 08-13740 (11th Cir.) (614 F.3d 1241) (August 19, 2010) (Per Curiam)

Article • October 11, 2010 • from P&J October, 2010

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Kottwitz, No. 08-13740 (11th Cir.) (614 F.3d 1241) (August 19, 2010) (Per Curiam) by This is an important tax fraud decision in which the Eleventh Circuit reversed a number convictions for filing materially false personal income tax returns on the grounds that the district court erred in refusing …

U.S. v. Green, No. 08-5426-cr (2nd Cir.) (595 F.3d 432) (February 17, 2010) (Judge Amalya Lyle Kearse)

Article • June 14, 2010 • from P&J June, 2010

Filed under: Retroactivity, Punch And Jurists

U.S. v. Green, No. 08-5426-cr (2nd Cir.) (595 F.3d 432) (February 17, 2010) (Judge Amalya Lyle Kearse) by Defendant's crack cocaine and firearm possession sentence is affirmed where defendant was sentenced pursuant to a Fed. R. Crim. P. 11(c)(1)(C) plea agreement and was thus ineligible for a reduction of sentence …

Kiobel v. Millson, No. 07-3903-cv (2nd Cir.) (592 F.3d 78) (January 8, 2010) (Judge Jose A. Cabranes)

Article • April 5, 2010 • from P&J April, 2010

Filed under: Sanctions, Punch And Jurists

Kiobel v. Millson, No. 07-3903-cv (2nd Cir.) (592 F.3d 78) (January 8, 2010) (Judge Jose A. Cabranes) by For a commentary on this decision, see "2nd Circuit Reverses Sanctions Against Cravath Attorneys in Alien Tort Case: Judges split on magistrate judges' authority to sanction attorneys," by Mark Hamblett, as published …

U.S. v. Hassan, No. 05-6949-cr (2nd Cir.) (578 F.3d 108) (August 21, 2009) (Judge Rosemary S. Pooler)

Article • October 1, 2009 • from P&J October, 2009

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Hassan, No. 05-6949-cr (2nd Cir.) (578 F.3d 108) (August 21, 2009) (Judge Rosemary S. Pooler) by Defendant's money laundering convictions are reversed where, although the government had abundant evidence of defendant's khat-related activities, the circumstantial evidence that the government presented did not support an inference that his proceeds …

U.S. v. Anderson, No. 09-1958 (7th Cir.) (583 F.3d 504) (October 9, 2009) (Judge Diane P. Wood)

Article • September 1, 2009 • from P&J September, 2009

Filed under: Limitations, Punch And Jurists

U.S. v. Anderson, No. 09-1958 (7th Cir.) (583 F.3d 504) (October 9, 2009) (Judge Diane P. Wood) by U.S. v. Head, 552 F.3d 640 (7th Cir. Jan. 15, 2009) (Judge Williams) U.S. v. Anderson, 583 F.3d 504 (7th Cir. Oct. 9, 2009) (Judge Wood) It is not often that one …

U.S. v. Head, No. 97-3619 (7th Cir.) (552 F.3d 649) (January 15, 2009) (Judge Ann Claire Williams)

Article • September 1, 2009 • from P&J September, 2009

Filed under: Limitations, Punch And Jurists

U.S. v. Head, No. 97-3619 (7th Cir.) (552 F.3d 649) (January 15, 2009) (Judge Ann Claire Williams) by U.S. v. Head, 552 F.3d 640 (7th Cir. Jan. 15, 2009) (Judge Williams) U.S. v. Anderson, 583 F.3d 504 (7th Cir. Oct. 9, 2009) (Judge Wood) It is not often that one …

U.S. v. Myers, No. 07-4417 (4th Cir.) (553 F.3d 328) (January 16, 2009) (Judge William B. Jr. Traxler)

Article • February 1, 2009 • from P&J February, 2009

Filed under: Retroactivity, Punch And Jurists

U.S. v. Myers, No. 07-4417 (4th Cir.) (553 F.3d 328) (January 16, 2009) (Judge William B. Jr. Traxler) by James Myers, who had previously been convicted of a felony, pled guilty to a charge of unlawful possession of a firearm. The firearm at issue in this case qualified as a …

U.S. v. Farinella, No. 08-1839 (7th Cir.) (558 F.3d 695) (March 12, 2009) (Judge Richard A. Posner)

Article • February 1, 2009 • from P&J February, 2009

Filed under: Sanctions, Punch And Jurists

U.S. v. Farinella, No. 08-1839 (7th Cir.) (558 F.3d 695) (March 12, 2009) (Judge Richard A. Posner) by Rarely does a Federal prosecutor who engages in gross misconduct get named in an appellate court decision. Even more rarely does a prosecutor get excoriated, repeatedly and unmercifully, by an appellate court …

U.S. v. Figueroa, No. 06-1595-cr (2nd Cir.) (548 F.3d 222) (November 18, 2008) (Judge Robert D. Sack)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Limitations, Punch And Jurists

U.S. v. Figueroa, No. 06-1595-cr (2nd Cir.) (548 F.3d 222) (November 18, 2008) (Judge Robert D. Sack) by Conviction for unlawfully possessing a firearm is affirmed where: 1) the trial court violated defendant's right under the Confrontation Clause of the Sixth Amendment when it prohibited defense counsel from cross-examining a …

U.S. v. Padilla, No. 07-5359-cr (2nd Cir.) (548 F.3d 179) (December 2, 2008) (Judge John F. Keenan)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Limitations, Punch And Jurists

U.S. v. Padilla, No. 07-5359-cr (2nd Cir.) (548 F.3d 179) (December 2, 2008) (Judge John F. Keenan) by Conviction for possession of a firearm by a convicted felon is affirmed over claims of error that: 1) the district court erred in concluding that police had reasonable suspicion to stop and …

U.S. v. Carlton, No. 07-2344-cr (2nd Cir.) (534 F.3d 97) (July 16, 2008) (Judge Jose A. Cabranes)

Article • August 1, 2008 • from P&J August, 2008

Filed under: Recusal, Punch And Jurists

U.S. v. Carlton, No. 07-2344-cr (2nd Cir.) (534 F.3d 97) (July 16, 2008) (Judge Jose A. Cabranes) by A district judge is not required by 28 U.S.C. §§ 455(a) or (b)(1) to recuse himself from presiding over a criminal trial merely because he previously determined that a defendant was guilty …

Kessack v. U.S., No. C05-1828Z (W.D.Wash.) (2008 U.S. Dist. LEXIS 7739) (January 18, 2008) (Judge Thomas S. Zilly)

Article • January 1, 2008 • from P&J January, 2008

Filed under: Retroactivity, Punch And Jurists

Kessack v. U.S., No. C05-1828Z (W.D.Wash.) (2008 U.S. Dist. LEXIS 7739) (January 18, 2008) (Judge Thomas S. Zilly) by This is a fascinating decision in which Judge Zilly granted the petitioner’s motion for a Writ of Audita Querella in order to remedy a “grave injustice,” thus allowing him to be …

U.S. v. Shrake, No. 07-1790 (7th Cir.) (515 F.3d 743) (February 6, 2008) (Judge Frank H. Easterbrook)

Article • January 1, 2008 • from P&J January, 2008

Filed under: Discovery, Punch And Jurists

U.S. v. Shrake, No. 07-1790 (7th Cir.) (515 F.3d 743) (February 6, 2008) (Judge Frank H. Easterbrook) by In this case, the Court addressed a controversial and much litigated provision of the Adam Walsh Child Protection Safety Act of 2006 (the “Adam Walsh Act”), namely 18 U.S.C. § 3509(m), which …

Bockting v. Bayer, No. 02-15866 (9th Cir.) (505 F.3d 973) (October 12, 2007) (Judge J. Clifford Wallace)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Retroactivity, Punch And Jurists

Bockting v. Bayer, No. 02-15866 (9th Cir.) (505 F.3d 973) (October 12, 2007) (Judge J. Clifford Wallace) by Here, on remand from the Supreme Court, a divided panel affirned a state prison inmate's conviction for sexual abuse of his minor stepdaughter, after concluding that the conviction was properly supported by …

In Re: Grand Jury, No. 06-3078 (D.C. Cir.) (490 F.3d 978) (June 22, 2007) (Per Curiam)

Article • July 1, 2007 • from P&J July, 2007

Filed under: Transcripts, Punch And Jurists

In Re: Grand Jury, No. 06-3078 (D.C. Cir.) (490 F.3d 978) (June 22, 2007) (Per Curiam) by This in an important decision regarding the secrecy of grand jury proceedings. As everyone knows, defense attorneys are barred from grand jury proceedings; and grand jurors are instructed not to discuss the investigation. …

Smith v. Texas, No. 05-11304 (U.S. Supreme Court) (550 U.S. 297; 127 S.Ct. 1686) (April 25, 2007) (Justice Kennedy)

Article • March 1, 2007 • from P&J April, 2007

Filed under: Jury Instructions, Punch And Jurists

Smith v. Texas, No. 05-11304 (U.S. Supreme Court) (550 U.S. 297; 127 S.Ct. 1686) (April 25, 2007) (Justice Kennedy) by The Supreme Court issued a third death penalty decision last week with the same 5 to 4 line-up of Justices as in the Abdul-Kabir and Brewer cases (above); but with …

Abdul-Fabir v. Quarterman, No. 05-11284 (U.S. Supreme Court) (550 U.S. 286; 127 S.Ct. 1654) (April 25, 2007) (Justice Stevens)

Article • March 1, 2007 • from P&J April, 2007

Filed under: Jury Instructions, Punch And Jurists

Abdul-Fabir v. Quarterman, No. 05-11284 (U.S. Supreme Court) (550 U.S. 286; 127 S.Ct. 1654) (April 25, 2007) (Justice Stevens) by In these companion cases, the Court, by identical 5 to 4 votes, overturned the death sentences of two Texas death-row prisoners, holding that the Texas state courts had unreasonably applied …

Brewer v. Quarterman, No. 05-11287 (U.S. Supreme Court) (550 U.S. 286; 127 S.Ct. 1706) (April 25, 2007) (Justice Stevens)

Article • March 1, 2007 • from P&J April, 2007

Filed under: Jury Instructions, Punch And Jurists

Brewer v. Quarterman, No. 05-11287 (U.S. Supreme Court) (550 U.S. 286; 127 S.Ct. 1706) (April 25, 2007) (Justice Stevens) by Abdul-Fabir v. Quarterman, No. 05-11284 (U.S. Sup. Ct. Apr. 25, 2007) (Justice Stevens) Brewer v. Quarterman, No. 05-11287 (U.S. Sup. Ct. Apr. 25, 2007) (Justice Stevens) In these two consolidated …