Search | Punch and Jurists

U.S. v. Siegelbaum, No. CR No. 02-179-01-PA (D.Or.) (359 F.Supp.2d 1104) (January 24, 2005) (Judge Owen M. Panner)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Siegelbaum, No. CR No. 02-179-01-PA (D.Or.) (359 F.Supp.2d 1104) (January 24, 2005) (Judge Owen M. Panner) by

Mungo v. Duncan, No. 03-2706 (2nd Cir.) (393 F.3d 327) (December 28, 2004) (Judge Pierre N. Leval)

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

Filed under: Retroactivity, Punch And Jurists

Mungo v. Duncan, No. 03-2706 (2nd Cir.) (393 F.3d 327) (December 28, 2004) (Judge Pierre N. Leval) by In this case the Second Circuit held that the Supreme Court’s landmark Confrontation Clause ruling in Crawford v. Washington, 541 U.S. 36 (2004) could not be applied retroactively to cases on collateral …

Ponnapula v. Ashcroft, No. 03-1255 (3rd Cir.) (373 F.3d 480) (June 28, 2004) (Judge Edward R. Becker)

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

Filed under: Retroactivity, Punch And Jurists

Ponnapula v. Ashcroft, No. 03-1255 (3rd Cir.) (373 F.3d 480) (June 28, 2004) (Judge Edward R. Becker) by Appellants, the Immigration and Naturalization Service, the Department of Justice, and various federal officials, sought review of a judgment from the United States District Court for the Middle District of Pennsylvania, which …

U.S. v. Kostakis, No. 02-1647 (2nd Cir.) (364 F.3d 45) (April 2, 2004) (Judge Rosemary S. Pooler)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Kostakis, No. 02-1647 (2nd Cir.) (364 F.3d 45) (April 2, 2004) (Judge Rosemary S. Pooler) by Here the Second Circuit held that the Feeney Amendment to the Protect Act applies to cases pending on appeal when the Act was enacted, because the Act’s change in the standard of …

U.S. v. Phillips, No. 02-30035 (9th Cir.) (367 F.3d 846) (January 28, 2004) (Judge Thomas G. Nelson)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Phillips, No. 02-30035 (9th Cir.) (367 F.3d 846) (January 28, 2004) (Judge Thomas G. Nelson) by In this case, the Ninth Circuit joined with the Fifth, Seventh, Eighth and Eleventh Circuits in holding that the Feeney Amendment, which was enacted as part of the so called “PROTECT Act …

U.S. v. Saucedo-Patino, No. 03-10946 (11th Cir.) (358 F.3d 790) (January 27, 2004) (Judge Susan H. Black)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Saucedo-Patino, No. 03-10946 (11th Cir.) (358 F.3d 790) (January 27, 2004) (Judge Susan H. Black) by In the instant case the appellant was convicted and sentenced for his illegal re-entry after deportation pursuant to 8 U.S.C. §§ 1326(a)(2) and (b)(2). As a result of his previously deportation for …

Love v. Menifee, No. 01-2192 (2nd Cir.) (333 F.3d 69) (June 13, 2003) (Judge Robert D. Sack)

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

Filed under: Retroactivity, Punch And Jurists

Love v. Menifee, No. 01-2192 (2nd Cir.) (333 F.3d 69) (June 13, 2003) (Judge Robert D. Sack) by Here, joining ten other Circuits, the Second Circuit held that Apprendi does not apply retroactively to cases on collateral appeal. The other ten Circuits (and the decisions that so held) are: United …

Horn v. Banks, No. 01-1385 (U.S. Supreme Court) (536 U.S. 266; 122 S.Ct. 2147) (June 17, 2002) (Per Curiam)

Article • January 18, 2003 • from P&J May, 2002

Filed under: Retroactivity, Punch And Jurists

Horn v. Banks, No. 01-1385 (U.S. Supreme Court) (536 U.S. 266; 122 S.Ct. 2147) (June 17, 2002) (Per Curiam) by This is one of those remarkably recondite habeas corpus decisions that requires a wall map to keep up with the proper pecking order and priorities of a series of past …

U.S. v. Ristovski, No. 01-1747 (6th Cir.) (312 F.3d 206) (December 4, 2002) (Judge Robert Holmes Bell)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Ristovski, No. 01-1747 (6th Cir.) (312 F.3d 206) (December 4, 2002) (Judge Robert Holmes Bell) by Here the defendant was convicted by a jury of subscribing false corporate tax returns and submitting false documents to the Internal Revenue Service. His conviction and sentence were affirmed in a decision …

Pryor v. U.S., No. 00-5303 (6th Cir.) (278 F.3d 612) (January 25, 2002) (Judge Eric L. Clay)

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

Filed under: Retroactivity, Punch And Jurists

Pryor v. U.S., No. 00-5303 (6th Cir.) (278 F.3d 612) (January 25, 2002) (Judge Eric L. Clay) by The specific issue addressed by the Court in this case was whether a habeas motion filed pursuant to 28 U.S.C. § 2255, to set aside a gun conviction under 18 U.S.C. § …

Henry v. Ashcroft, No. 01 Civ. 3377(DC) (S.D.N.Y.) (175 F.Supp.2d 688) (November 30, 2001) (Judge Denny Chin)

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

Filed under: Retroactivity, Punch And Jurists

Henry v. Ashcroft, No. 01 Civ. 3377(DC) (S.D.N.Y.) (175 F.Supp.2d 688) (November 30, 2001) (Judge Denny Chin) by In an immigration-law ruling of some significance, Judge Chin held in this case that a special “clock stopping” provision of the immigration law that was added in 1996 cannot be applied retroactively …

U.S. v. Shark, No. Crim. No. 92-0405-05 (JGP) (D.D.C.) (158 F.Supp.2d 43) (July 31, 2001) (Judge John Garrett Penn)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Shark, No. Crim. No. 92-0405-05 (JGP) (D.D.C.) (158 F.Supp.2d 43) (July 31, 2001) (Judge John Garrett Penn) by

Landgraf v. USI Film Products, No. 92-757 (U.S. Supreme Court) (511 U.S. 244; 114 S.Ct. 1522) (April 26, 1994) (Justice Stevens)

Article • June 27, 2001

Filed under: Retroactivity, Punch And Jurists

Landgraf v. USI Film Products, No. 92-757 (U.S. Supreme Court) (511 U.S. 244; 114 S.Ct. 1522) (April 26, 1994) (Justice Stevens) by In this case, the Court considered whether the provisions of the Civil Rights Act of 1991 that provided expanded rights to recover compensatory and punitive damages in Title …

Weaver v. Graham, No. 79-5780 (U.S. Supreme Court) (450 U.S. 24; 101 S.Ct. 960) (February 24, 1981) (Justice Marshall)

Article • July 19, 2000

Filed under: Retroactivity, Punch And Jurists

Weaver v. Graham, No. 79-5780 (U.S. Supreme Court) (450 U.S. 24; 101 S.Ct. 960) (February 24, 1981) (Justice Marshall) by In this case, the Supreme Court considered a situation in which a Florida trial court sentenced the petitioner to 15 years in prison for second-degree murder at a time when …

Lynce v. Mathis, No. 95-7452 (U.S. Supreme Court) (519 U.S. 433; 117 S.Ct. 891) (February 19, 1997) (Justice Stevens)

Article • July 19, 2000

Filed under: Retroactivity, Punch And Jurists

Lynce v. Mathis, No. 95-7452 (U.S. Supreme Court) (519 U.S. 433; 117 S.Ct. 891) (February 19, 1997) (Justice Stevens) by In this case the Court again returned to an issue that has been the subject of many recent decisions, starting with Dobbert v. Florida, 432 U.S. 282 (1977), and continuing …

California Dep't of Corrections v. Morales, No. 93-1462 (U.S. Supreme Court) (514 U.S. 499; 115 S.Ct. 1597) (April 25, 1995) (Justice Thomas)

Article • July 19, 2000

Filed under: Retroactivity, Punch And Jurists

California Dep't of Corrections v. Morales, No. 93-1462 (U.S. Supreme Court) (514 U.S. 499; 115 S.Ct. 1597) (April 25, 1995) (Justice Thomas) by In this case, the Court held that an amendment to California's parole procedures which decreased the frequency of parole hearings for certain offenders had not changed the …

Collins v. Youngblood, No. 89-742 (U.S. Supreme Court) (497 U.S. 37; 110 S.Ct. 2715) (June 21, 1990) (Justice Rehnquist)

Article • July 19, 2000

Filed under: Retroactivity, Punch And Jurists

Collins v. Youngblood, No. 89-742 (U.S. Supreme Court) (497 U.S. 37; 110 S.Ct. 2715) (June 21, 1990) (Justice Rehnquist) by In this case, the Court abandoned portions of its analysis in Weaver v. Graham, 450 U.S. 24, and Miller v. Florida, 482 U.S. 423 (1987), and narrowed the scope of …

Lindh v. Murphy, No. 96-6298 (U.S. Supreme Court) (521 U.S. 320; 117 S.Ct. 2059) (June 23, 1997) (Justice Souter)

Article • June 24, 2000

Filed under: Retroactivity, Punch And Jurists

Lindh v. Murphy, No. 96-6298 (U.S. Supreme Court) (521 U.S. 320; 117 S.Ct. 2059) (June 23, 1997) (Justice Souter) by In this case the Supreme Court applied and clarified its holding in Landgraf v. USI Film Products, 511 U.S. 244 (1994) concerning retroactivity. The Court held that a statute does …

Wallace v. Reno, No. 98-2317 (1st Cir.) (194 F.3d 279) (October 26, 1999) (Judge Michael Boudin)

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

Filed under: Retroactivity, Punch And Jurists

Wallace v. Reno, No. 98-2317 (1st Cir.) (194 F.3d 279) (October 26, 1999) (Judge Michael Boudin) by The Court stated that American-Arab actually "strengthens Goncalves in one pertinent respect: by narrowly construing section 242(g), it makes that provision even less useful to the government as a basis for restricting the …

Mathews v. Reno, No. Civ.A. 97-12071-PBS (D.Mass.) (52 F.Supp.2d 195) (May 18, 1999) (Judge Patti B. Saris)

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

Filed under: Retroactivity, Punch And Jurists

Mathews v. Reno, No. Civ.A. 97-12071-PBS (D.Mass.) (52 F.Supp.2d 195) (May 18, 1999) (Judge Patti B. Saris) by Here the Court held that the AEDPA's restrictions on discretionary relief from deportation did not apply retroactively to aliens in pending deportation proceedings at the time of enactment.