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In Re Gault, No. 116 (U.S. Supreme Court) (387 U.S. 1; 87 S.Ct. 1428) (May 15, 2067) (Justice Fortas)

Article • November 3, 2002

Filed under: Due Process, Punch And Jurists

In Re Gault, No. 116 (U.S. Supreme Court) (387 U.S. 1; 87 S.Ct. 1428) (May 15, 2067) (Justice Fortas) by This is one of the Supreme Court's seminal cases on the due process rights of juveniles. Here, the parents of a 15-year-old boy challenged a judgment of the Supreme Court …

Krimstock v. Kelly, No. 00-9488 (2nd Cir.) (306 F.3d 40) (September 18, 2002) (Judge Sonia Sotomayor)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Due Process, Punch And Jurists

Krimstock v. Kelly, No. 00-9488 (2nd Cir.) (306 F.3d 40) (September 18, 2002) (Judge Sonia Sotomayor) by In this case the Second Circuit held that a New York Cirt law allowing the seizure of vehicles from those arrested for the misdemeanor cime of driving while intoxicated is unconstitutional. The Court …

Chambers v. Florida, No. 195 (U.S. Supreme Court) (309 U.S. 227; 60 S.Ct. 472) (February 12, 2040) (Justice Black)

Article • January 13, 2002

Filed under: Due Process, Punch And Jurists

Chambers v. Florida, No. 195 (U.S. Supreme Court) (309 U.S. 227; 60 S.Ct. 472) (February 12, 2040) (Justice Black) by Court reversed convictions of a number of Blacks on the grounds that their confessions were obtained in ways that violated their due procss rights. Case is noted principally for its …

Rochin v. California, No. 83 (U.S. Supreme Court) (342 U.S. 165; 72 S.Ct. 205) (January 2, 2052) (Justice Frankfurter)

Article • January 7, 2002

Filed under: Due Process, Punch And Jurists

Rochin v. California, No. 83 (U.S. Supreme Court) (342 U.S. 165; 72 S.Ct. 205) (January 2, 2052) (Justice Frankfurter) by In this landmark case, three deputy sheriffs acting on a drug tip forcibly entered the plaintiff's bedroom and began inquiring about two morphine capsules sitting on a night stand. The …

Williams v. New York, No. 671 (U.S. Supreme Court) (337 U.S. 241; 69 S.Ct. 1079) (June 6, 2049) (Justice Black)

Article • December 2, 2001

Filed under: Due Process, Punch And Jurists

Williams v. New York, No. 671 (U.S. Supreme Court) (337 U.S. 241; 69 S.Ct. 1079) (June 6, 2049) (Justice Black) by In this case, a jury found the defendant guilty of first-degree murder and recommended life imprisonment. The judge, however, rejected the jury's recommendation and sentenced the defendant to death …

Parratt v. Taylor, No. 79-1734 (U.S. Supreme Court) (451 U.S. 527; 101 S.Ct. 1908) (May 18, 1981) (Justice Rehnquist)

Article • October 12, 2001

Filed under: Due Process, Punch And Jurists

Parratt v. Taylor, No. 79-1734 (U.S. Supreme Court) (451 U.S. 527; 101 S.Ct. 1908) (May 18, 1981) (Justice Rehnquist) by The respondent in this case was an inmate at the Nebraska Penal and Correctional Complex who ordered by mail certain hobby materials valued at $23.50. The hobby materials were lost …

Morrissey v. Brewer, No. 71-5103 (U.S. Supreme Court) (408 U.S. 471; 92 S.Ct. 2593) (June 29, 1972) (Justice Burger)

Article • January 15, 2001

Filed under: Due Process, Punch And Jurists

Morrissey v. Brewer, No. 71-5103 (U.S. Supreme Court) (408 U.S. 471; 92 S.Ct. 2593) (June 29, 1972) (Justice Burger) by This is the Supreme Court's seminal case on the rights of parolees to a certain measure of due process in parole revocation hearings. In this case, the Court considered whether …

Byrd v. Collins, No. 96-3209 (6th Cir.) (227 F.3d 756) (August 22, 2000) (Per Curiam)

Article • November 1, 2000 • from P&J November, 2000

Filed under: Due Process, Punch And Jurists

Byrd v. Collins, No. 96-3209 (6th Cir.) (227 F.3d 756) (August 22, 2000) (Per Curiam) by

Black v. Romano, No. 84-465 (U.S. Supreme Court) (471 U.S. 606; 105 S.Ct. 2254) (May 20, 1985) (Justice O'Connor)

Article • June 19, 2000

Filed under: Due Process, Punch And Jurists

Black v. Romano, No. 84-465 (U.S. Supreme Court) (471 U.S. 606; 105 S.Ct. 2254) (May 20, 1985) (Justice O'Connor) by In this case the petitioner claimed that the state judge had violated his due process rights by revoking his terms of probation without considering alternatives to incarceration. The District Court …

McGautha v. California, No. 203 (U.S. Supreme Court) (402 U.S. 183; 91 S.Ct. 1454) (May 3, 1971) (Justice Harlan)

Article • June 18, 2000

Filed under: Due Process, Punch And Jurists

McGautha v. California, No. 203 (U.S. Supreme Court) (402 U.S. 183; 91 S.Ct. 1454) (May 3, 1971) (Justice Harlan) by In this consolidated appeal of two different death sentences, a majority of the Court found no constitutional infirmity with the procedures in California and Ohio which permitted the imposition of …

Byrd v. Collins, No. 96-3209 (6th Cir.) (209 F.3d 486) (April 6, 2000) (Judge Richard F. Suhrheinrich)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Due Process, Punch And Jurists

Byrd v. Collins, No. 96-3209 (6th Cir.) (209 F.3d 486) (April 6, 2000) (Judge Richard F. Suhrheinrich) by Quotes from two articles from The New York Times which commented on the prevalence of errors in capital cases in the United States. QUOTE OF THE WEEK - More evidence of the …

Byrd v. Collins, No. 96-3209 (6th Cir.) (209 F.3d 486) (April 6, 2000) (Judge Richard F. Suhrheinrich)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Due Process, Punch And Jurists

Byrd v. Collins, No. 96-3209 (6th Cir.) (209 F.3d 486) (April 6, 2000) (Judge Richard F. Suhrheinrich) by This case is noted for Judge Jones’ brilliant dissent in which he decried the “intolerable abandonment of substantive and procedural principles” that appears prevalent in so many capital cases. Judge Nathaniel Jones’ …

U.S. v. Dempsey, No. 98-5450 (11th Cir.) (180 F.3d 1325) (July 14, 1999) (Per Curiam)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Due Process, Punch And Jurists

U.S. v. Dempsey, No. 98-5450 (11th Cir.) (180 F.3d 1325) (July 14, 1999) (Per Curiam) by QUOTE OF THE WEEK - The latest figures released by the Department of Justice's Bureau of Justice Statistics show that there are now more than 4.1 million Americans serving at the pleasure of parole …

U.S. v. Wolfe, No. CRIM. 97-50065 (E.D.Mich.) (32 F.Supp.2d 945) (January 13, 1999) (Judge Paul V. Gadola)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Due Process, Punch And Jurists

U.S. v. Wolfe, No. CRIM. 97-50065 (E.D.Mich.) (32 F.Supp.2d 945) (January 13, 1999) (Judge Paul V. Gadola) by "Defendant's last argument concerns the interplay between two statutes: 26 U.S.C. § 5861(d) and 18 U.S.C. § 922(o). Section 922(o) bans the private possession of any machine gun made after the effective …

U.S. v. Cihler, No. 98-CR-23 (E.D.Wisc.) (28 F.Supp.2d 539) (November 2, 1998) (Judge Lynn S. Adelman)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Due Process, Punch And Jurists

U.S. v. Cihler, No. 98-CR-23 (E.D.Wisc.) (28 F.Supp.2d 539) (November 2, 1998) (Judge Lynn S. Adelman) by QUOTE OF THE WEEK - Some reasons why fairness mandates that sentences be imposed by an impartial and unbiased authority. "Due process in sentencing, should, at its most basic, include the right to …

Armstrong v. Squadrito, No. 97-2569 (7th Cir.) (152 F.3d 564) (July 24, 1998) (Judge Terrence T. Evans)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Due Process, Punch And Jurists

Armstrong v. Squadrito, No. 97-2569 (7th Cir.) (152 F.3d 564) (July 24, 1998) (Judge Terrence T. Evans) by In this case the Court concluded that a plaintiff's Fourth Amendment claim "drops ourt of the case" when his arrest is pursuant to a valid warrant because the Fourth Amendment "governs the …

Wisconsin v. Constantineau, No. 95 (U.S. Supreme Court) (400 U.S. 433; 91 S.Ct. 507) (January 19, 1971) (Justice Douglas)

Article • August 25, 1998

Filed under: Due Process, Punch And Jurists

Wisconsin v. Constantineau, No. 95 (U.S. Supreme Court) (400 U.S. 433; 91 S.Ct. 507) (January 19, 1971) (Justice Douglas) by But see Paul v. Davis, 424 U.S. 693 (1976) where the Court established the "stigma plus" test, I.e., harm to reputation must be accompanied by some other impediment to establish …

U.S. v. Corace, No. 97-1437 (2nd Cir.) (146 F.3d 51) (May 20, 1998) (Judge Jon O. Newman)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Due Process, Punch And Jurists

U.S. v. Corace, No. 97-1437 (2nd Cir.) (146 F.3d 51) (May 20, 1998) (Judge Jon O. Newman) by The defendant in this case pled guilty to theft from an employee benefit plan. Prior to sentencing, the district court (Judge Wexler) had some ex parte conversations with the court-appointed trustee of …

Hayes v. McBride, No. 3:96-CV-0508-AS (N.D.Ind.) (965 F.Supp. 1186) (May 13, 1997) (Judge Allen Sharp)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Due Process, Punch And Jurists

Hayes v. McBride, No. 3:96-CV-0508-AS (N.D.Ind.) (965 F.Supp. 1186) (May 13, 1997) (Judge Allen Sharp) by Every prisoner should read this case, because it contains one of the best recent reviews of the few due process rights that prisoners still retain. In this case a prison guard alleged that, during …

U.S. v. Raposa, No. 95-2088 (1st Cir.) (84 F.3d 502) (May 29, 1996) (Judge Sandra L. Lynch)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Due Process, Punch And Jurists

U.S. v. Raposa, No. 95-2088 (1st Cir.) (84 F.3d 502) (May 29, 1996) (Judge Sandra L. Lynch) by Case discusses whether sentencing courts may consider illegally seized evidence at sentencing.