Search | Punch and Jurists

U.S. v. Arroyo, No. Crim. No. 303CR179SRU (D.Conn.) (392 F.Supp.2d 292) (September 1, 2005) (Judge Stefan R. Underhill)

Article • November 1, 2005 • from P&J November, 2005

Filed under: Punch And Jurists, Inherent Power of the Court

U.S. v. Arroyo, No. Crim. No. 303CR179SRU (D.Conn.) (392 F.Supp.2d 292) (September 1, 2005) (Judge Stefan R. Underhill) by Defendant was convicted of unlawful possession of a firearm. Defendant filed, pro se, a notice of appeal and a motion for extension of time to file a notice of appeal, attaching …

Enwonwu v. Chertoff, No. Civ.A. 05-10511-WGY (D.Mass.) (376 F.Supp.2d 42) (July 12, 2005) (Judge William G. Young)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, The Real ID Act

Enwonwu v. Chertoff, No. Civ.A. 05-10511-WGY (D.Mass.) (376 F.Supp.2d 42) (July 12, 2005) (Judge William G. Young) by Never once to mince words, Judge Young started this 134-page opus by noting some of the pernicious (but little known) consequences of The REAL ID Act of 2005 as follows: “Arrested by …

U.S. v. King, No. 6:03-1092-HMH (D.S.C.) (368 F.Supp.2d 509) (May 11, 2005) (Judge Henry M. Jr. Herlong)

Article • June 1, 2005 • from P&J June, 2005

Filed under: Punch And Jurists, Jurisdiction

U.S. v. King, No. 6:03-1092-HMH (D.S.C.) (368 F.Supp.2d 509) (May 11, 2005) (Judge Henry M. Jr. Herlong) by Some two weeks after the defendant was sentenced, the Government filed a motion requesting the court to enter an order of forfeiture of approximately $4 million in a drug case. Noting that …

Preiser v. Rodriguez, No. 71-1369 (U.S. Supreme Court) (411 U.S. 475; 93 S.Ct. 1827) (May 7, 1973) (Justice Stewart)

Article • March 11, 2005

Filed under: Punch And Jurists, Jurisdiction

Preiser v. Rodriguez, No. 71-1369 (U.S. Supreme Court) (411 U.S. 475; 93 S.Ct. 1827) (May 7, 1973) (Justice Stewart) by Case held that a prisoner seeking restoration of good time credits could not bring that action under 42 USC § 1983, but rather must bring it under a habeas corpus …

Edwards v. Balisok, No. 95-1352 (U.S. Supreme Court) (520 U.S. 641; 117 S.Ct. 1584) (May 19, 1997) (Justice Scalia)

Article • March 10, 2005

Filed under: Punch And Jurists, Jurisdiction

Edwards v. Balisok, No. 95-1352 (U.S. Supreme Court) (520 U.S. 641; 117 S.Ct. 1584) (May 19, 1997) (Justice Scalia) by In this case the Supreme Court elaborated on the "Heck Rule" announced in Heck v. Humphrey, 512 U.S. 477 (1994), where the prisoner sought money damages, rather than release from …

Heck v. Humphrey, No. 93-6188 (U.S. Supreme Court) (512 U.S. 477; 114 S.Ct. 2364) (June 24, 1994) (Justice Scalia)

Article • March 10, 2005

Filed under: Punch And Jurists, Jurisdiction

Heck v. Humphrey, No. 93-6188 (U.S. Supreme Court) (512 U.S. 477; 114 S.Ct. 2364) (June 24, 1994) (Justice Scalia) by Here the Court established what has been come to be known as the "Heck Rule" under which a prisoner must establish that his conviction or sentence has been overturned or …

Wilkinson v. Dotson, No. 03-287 (U.S. Supreme Court) (544 U.S. 74; 125 S.Ct. 1242) (March 7, 2005) (Justice Breyer)

Article • February 1, 2005 • from P&J February, 2005

Filed under: Punch And Jurists, Jurisdiction

Wilkinson v. Dotson, No. 03-287 (U.S. Supreme Court) (544 U.S. 74; 125 S.Ct. 1242) (March 7, 2005) (Justice Breyer) by This is another of a long line of cases which, to use of the words of the Supreme Court, “lies at the intersection of the two most fertile sources of …

Abu Ali v. Ashcroft, No. Civ. No. 04-1258 (JDB) (D.D.C.) (350 F.Supp.2d 28) (December 16, 2004) (Judge John D. Bates)

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

Filed under: Punch And Jurists, Jurisdiction

Abu Ali v. Ashcroft, No. Civ. No. 04-1258 (JDB) (D.D.C.) (350 F.Supp.2d 28) (December 16, 2004) (Judge John D. Bates) by In a decision that pretty much speaks for itself, Judge Bates has delivered another blow to the latest of the Administration’s attempts to deny any constitutional rights to persons …

Medberry v. Crosby, No. 02-11072 (11th Cir.) (351 F.3d 1049) (November 25, 2003) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Jurisdiction

Medberry v. Crosby, No. 02-11072 (11th Cir.) (351 F.3d 1049) (November 25, 2003) (Judge Susan H. Black) by In its exhaustive review of the current habeas and post-conviction law, the Court stated in part: "The writ of habeas corpus is a single post-conviction remedy principally governed by two different statutes. …

U.S. v. Cabaccang, No. 98-10159 (9th Cir.) (341 F.3d 905) (August 26, 2003) (Per Curiam)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Jurisdiction - Extraterritorial

U.S. v. Cabaccang, No. 98-10159 (9th Cir.) (341 F.3d 905) (August 26, 2003) (Per Curiam) by

U.S. v. Cabaccang, No. 98-10159 (9th Cir.) (332 F.3d 622) (June 6, 2003) (Judge Raymond C. Fisher)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Jurisdiction - Extraterritorial

U.S. v. Cabaccang, No. 98-10159 (9th Cir.) (332 F.3d 622) (June 6, 2003) (Judge Raymond C. Fisher) by Here the en banc Court held that the transport of drugs on a nonstop flight from one location in the U.S. to another does not constitute importation within the meaning of 21 …

Calcano-Martinez v. I.N.S., No. 00-1011 (U.S. Supreme Court) (533 U.S. 348; 121 S.Ct. 2268) (June 25, 2001) (Justice Stevens)

Article • April 30, 2003 • from P&J June, 2001

Filed under: Punch And Jurists, Jurisdiction

Calcano-Martinez v. I.N.S., No. 00-1011 (U.S. Supreme Court) (533 U.S. 348; 121 S.Ct. 2268) (June 25, 2001) (Justice Stevens) by Calcano-Martinez v. I.N.S., 533 U.S. 348 (2001) (Justice Stevens) I.N.S. v. St. Cyr, 533 U.S. 289 (2001) (Justice Stevens) In this pair of decisions, the Supreme Court held that 1996 …

So v. Reno, No. 00 CV 6964(JBW) (E.D.N.Y.) (241 F.Supp.2d 227) (January 23, 2003) (Judge Jack B. Weinstein)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Jurisdiction

So v. Reno, No. 00 CV 6964(JBW) (E.D.N.Y.) (241 F.Supp.2d 227) (January 23, 2003) (Judge Jack B. Weinstein) by On remand from the Second Circuit Court of Appeals, the district court was ordered to clarify the basis for its ruling in light of specific case law. The action was brought …

Coalition of Clergy, Lawyers and Professors v. Bush, No. 02-55367 (9th Cir.) (310 F.3d 1153) (November 18, 2002) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Jurisdiction

Coalition of Clergy, Lawyers and Professors v. Bush, No. 02-55367 (9th Cir.) (310 F.3d 1153) (November 18, 2002) (Judge Kim McLane Wardlaw) by A coalition group lacked next-friend and third party standing to bring a habeas petition on behalf of persons captured in Afghanistan and detained by the U.S. and …

Balogun v. U.S. Attorney General, No. 00-12442 (11th Cir.) (304 F.3d 1303) (September 10, 2002) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Jurisdiction

Balogun v. U.S. Attorney General, No. 00-12442 (11th Cir.) (304 F.3d 1303) (September 10, 2002) (Judge Richard D. Cudahy) by Here the Court held that it had no jurisdiction under 8 U.S.C. § 1252(a)(2)(C) to review a removal order where petitioner committed two crimes of moral turpitude and the removal …

U.S. v. Avery, No. 00-3262 (10th Cir.) (295 F.3d 1158) (July 9, 2002) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Avery, No. 00-3262 (10th Cir.) (295 F.3d 1158) (July 9, 2002) (Judge David M. Ebel) by Here the Court rejected the defendant's contention that the failure of his indictment to allege all the essential elements of his crime constituted a jurisdictional defect under Apprendi requiring dismissal of his …

Ex Parte Mitsuye Endo, No. 70 (U.S. Supreme Court) (323 U.S. 283; 65 S.Ct. 208) (December 18, 2044) (Justice Douglas)

Article • June 11, 2002

Filed under: Punch And Jurists, Jurisdiction

Ex Parte Mitsuye Endo, No. 70 (U.S. Supreme Court) (323 U.S. 283; 65 S.Ct. 208) (December 18, 2044) (Justice Douglas) by In this case, the Supreme Court considered the habeas corpus petition of a Japanese-American who had been placed in an internment camp and held that where a District Court …

U.S. v. De Leon, No. 00-2372 (1st Cir.) (270 F.3d 90) (November 2, 2001) (Judge Michael Boudin)

Article • December 1, 2001 • from P&J December, 2001

Filed under: Punch And Jurists, Jurisdiction - Extraterritorial

U.S. v. De Leon, No. 00-2372 (1st Cir.) (270 F.3d 90) (November 2, 2001) (Judge Michael Boudin) by Here the Court held that 8 USC § 1326 which criminalizes attempts to reenter the U.S. after a previous deportation applied to an alien on board a vessel in international waters, outside …

U.S. v. Thomas, No. 98-1051 (2nd Cir.) (274 F.3d 655) (December 12, 2001) (Judge Jose A. Cabranes)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Thomas, No. 98-1051 (2nd Cir.) (274 F.3d 655) (December 12, 2001) (Judge Jose A. Cabranes) by This is another one of the 49 decisions vacated and remanded by the Supreme Court “for further consideration in light of its decision in Apprendi”. Three defendants were convicted of conspiring to …

McCoy v. U.S., No. 00-16434 (11th Cir.) (266 F.3d 1245) (September 25, 2001) (Judge Frank May Hull)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Jurisdiction

McCoy v. U.S., No. 00-16434 (11th Cir.) (266 F.3d 1245) (September 25, 2001) (Judge Frank May Hull) by Here the Court held that an Apprendi error in failing to set forth drug quantity in the indictment is not a jurisdictional defect and thus may be waived; and it is subject …