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Friedman v. Highlland Park, No. 15-133 (U.S. Supreme Court) (577 U.S. ___; 136 S.Ct. 447) (December 7, 2015) (Per Curiam)

Article • June 29, 2015 • from P&J December, 2015

Filed under: Punch And Jurists, Assault Weapons

Friedman v. Highlland Park, No. 15-133 (U.S. Supreme Court) (577 U.S. ___; 136 S.Ct. 447) (December 7, 2015) (Per Curiam) by Usually, it is of little import when the Supreme Court denies certiorari in a given case; after all, it denies certiorari in thousands of cases each year. But the …

Jennings v. Stephens, No. 13-7211 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 793) (January 14, 2015) (Justice Scalia)

Article • June 29, 2015 • from P&J June, 2015

Filed under: Punch And Jurists, Spisak Theory

Jennings v. Stephens, No. 13-7211 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 793) (January 14, 2015) (Justice Scalia) by This is a death penalty/habeas corpus case from Texas that will probably best be remembered by the fact that the majority decision was written by Justice Scalia and the dissent …

Kingsley v. Hendrickson, No. 14-6368 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 2466) (June 22, 2015) (Justice Breyer)

Article • June 29, 2015 • from P&J June, 2015

Filed under: Punch And Jurists, Objective vs Subjective Inquiry

Kingsley v. Hendrickson, No. 14-6368 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 2466) (June 22, 2015) (Justice Breyer) by The Petitioner in this case, Michael Kingsley, was a pretrial detainee in a Wisconsin county jail, waiting trial on some drug charges. One day, he got into a dispute with …

Whitfield v. U.S., No. 13-9026 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 785) (January 13, 2015) (Justice Scalia)

Article • June 29, 2015 • from P&J June, 2015

Filed under: Punch And Jurists

Whitfield v. U.S., No. 13-9026 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 785) (January 13, 2015) (Justice Scalia) by In 1934, Congress enacted what has become known as the “forced-accompaniment” provision to the Federal bank robbery statutes which provides in relevant part: “Whoever, in committing any offense defined in …

City of Los Angeles v. Patel, No. 13-1175 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 2443) (June 22, 2015) (Justice Sotomayor)

Article • June 29, 2015 • from P&J June, 2015

Filed under: Punch And Jurists, Hotel Guests

City of Los Angeles v. Patel, No. 13-1175 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 2443) (June 22, 2015) (Justice Sotomayor) by In the January 20, 2014 issue of P&J, we noted an en banc decision from the Ninth Circuit in which that Court held that a Los Angeles …

Christeson v. Roper, No. 14-6873 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 891) (January 20, 2015) (Per Curiam)

Article • June 29, 2015 • from P&J February, 2015

Filed under: Habeas Corpus, Punch And Jurists

Christeson v. Roper, No. 14-6873 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 891) (January 20, 2015) (Per Curiam) by OVERVIEW: HOLDINGS: [1]-Petitioner's motion to substitute habeas counsel was improperly denied where his appointed attorneys had missed the filing deadline for filing his first habeas petition, petitioner's best argument for …

Holt v. Hobbs, No. 13-6827 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 853) (January 20, 2015) (Justice Alito)

Article • June 29, 2015 • from P&J February, 2015

Filed under: Punch And Jurists, Right to Grow a Beard

Holt v. Hobbs, No. 13-6827 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 853) (January 20, 2015) (Justice Alito) by

Grady v. North Carolina, No. 14-593 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 1368) (March 30, 2015) (Per Curiam)

Article • June 29, 2015 • from P&J April, 2015

Filed under: Punch And Jurists, GPS Tracking Device

Grady v. North Carolina, No. 14-593 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 1368) (March 30, 2015) (Per Curiam) by The Petitioner in this case, Torrey Grady, was convicted in North Carolina trial courts of a second degree sexual offense in 1997 and of taking indecent liberties with a …

U.S. v. Daniels, No. 12-2419 (6th Cir.) ( Fed.Appx. ) (June 8, 2015) (Judge Gilbert S. Merritt)

Article • June 15, 2015 • from P&J June, 2015

Filed under: Punch And Jurists, Harassment

U.S. v. Daniels, No. 12-2419 (6th Cir.) ( Fed.Appx. ) (June 8, 2015) (Judge Gilbert S. Merritt) by A jury convicted Reginald Daniels of possessing a handgun with an obliterated serial number as a felon. He appealed his convictions, arguing that numerous and repeated errors by the district court (Judge …

Bahlul v. U.S., No. 11-1324 (D.C. Cir.) (792 F.3d 1) (June 12, 2015) (Judge Judith W. Rogers)

Article • June 15, 2015 • from P&J June, 2015

Filed under: Punch And Jurists, Inchoate Conspiracy

Bahlul v. U.S., No. 11-1324 (D.C. Cir.) (792 F.3d 1) (June 12, 2015) (Judge Judith W. Rogers) by The never ending saga of Ali Hamza al-Bahlul’s (“Bahlul”) captivity by the U.S. at the Naval prison in Guantanamo Bay, Cuba continues - even though all three of the crimes for which …

U.S. v. Batamula, No. 12-20630 (5th Cir.) (788 F.3d 166) (June 2, 2015) (Per Curiam)

Article • June 15, 2015 • from P&J June, 2015

Filed under: Punch And Jurists, Post Padilla v. Kentucky

U.S. v. Batamula, No. 12-20630 (5th Cir.) (788 F.3d 166) (June 2, 2015) (Per Curiam) by In this case, the Fifth Circuit issued a notable ruling about the survival of claims of ineffective assistance of counsel under the rule laid down in Padilla v. Kentucky, 559 U.S. 356 (2010). In …

Doe v. U.S., No. 14-MC-1412 (JG) (E.D.N.Y.) (110 F.Supp.3d 448) (May 21, 2015) (Judge John Gleeson)

Article • June 15, 2015 • from P&J June, 2015

Filed under: Punch And Jurists

Doe v. U.S., No. 14-MC-1412 (JG) (E.D.N.Y.) (110 F.Supp.3d 448) (May 21, 2015) (Judge John Gleeson) by In this memorable and heartfelt decision that examines the realities of the devastating and long term consequences of criminal convictions - even if for petty non-violent crimes, District Judge John Gleeson granted the …

U.S. v. Walli, No. 14-5220 (6th Cir.) (785 F.3d 1080) (May 8, 2015) (Judge Raymond M. Kethledge)

Article • May 25, 2015 • from P&J May, 2015

Filed under: Punch And Jurists, Vindictive Prosecutions

U.S. v. Walli, No. 14-5220 (6th Cir.) (785 F.3d 1080) (May 8, 2015) (Judge Raymond M. Kethledge) by Reading this case, it is really hard to decide which part of the Government’s actions were more painfully embarrassing: its mortifying and pathetic inability to guard and defend a building in Oak …

A.C.L.U. v. Clapper, No. 14-42-cv (2nd Cir.) (785 F.3d 787) (May 7, 2015) (Judge Gerard E. Lynch)

Article • May 25, 2015 • from P&J May, 2015

Filed under: Punch And Jurists, Section 215

A.C.L.U. v. Clapper, No. 14-42-cv (2nd Cir.) (785 F.3d 787) (May 7, 2015) (Judge Gerard E. Lynch) by In this 97 page blockbuster decision at the intersection of politics, the Constitution and America’s War on Terror, the Second Circuit has ruled that the National Security Agency’s (NSA) once secret, but …

U.S. v. Thompson, No. 14-1316 (7th Cir.) (777 F.3d 368) (January 13, 2015) (Judge Richard A. Posner)

Article • May 25, 2015 • from P&J May, 2015

Filed under: Punch And Jurists, Failure to Explain

U.S. v. Thompson, No. 14-1316 (7th Cir.) (777 F.3d 368) (January 13, 2015) (Judge Richard A. Posner) by U.S. v. Thompson, 777 F.3d 368 (7th Cir. Jan. 13, 2015) (Judge Richard A. Posner) U.S. v. Sewell, 780 F.3d 839 (7th Cir. March 13, 2015) (Judge Michael S. Kanne) These two …

U.S. v. Sewell, No. 14-1384 (7th Cir.) (780 F.3d 839) (March 13, 2015) (Judge Michael S. Kanne)

Article • May 25, 2015 • from P&J May, 2015

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Sewell, No. 14-1384 (7th Cir.) (780 F.3d 839) (March 13, 2015) (Judge Michael S. Kanne) by U.S. v. Thompson, 777 F.3d 368 (7th Cir. Jan. 13, 2015) (Judge Richard A. Posner) U.S. v. Sewell, 780 F.3d 839 (7th Cir. March 13, 2015) (Judge Michael S. Kanne) These two …

U.S. v. Ahmed, No. 12-cr-661 (E.D.N.Y.) ( F.Supp.3d ) (April 28, 2015) (Judge Sandra Townes)

Article • May 4, 2015 • from P&J May, 2015

Filed under: Punch And Jurists

U.S. v. Ahmed, No. 12-cr-661 (E.D.N.Y.) ( F.Supp.3d ) (April 28, 2015) (Judge Sandra Townes) by In this case, three Somali born men, Ali Yasin Ahmed, Mohamed Yusuf and Mahdi Hashi, who were arrested in transit to Yemen in 2012, are on trial in New York for providing material support …

U.S. v. Burns, No. 13-5045 (10th Cir.) (775 F.3d 1221) (December 30, 2014) (Judge Robert E. Bacharach)

Article • May 4, 2015 • from P&J May, 2015

Filed under: Punch And Jurists, Right of Famial Association

U.S. v. Burns, No. 13-5045 (10th Cir.) (775 F.3d 1221) (December 30, 2014) (Judge Robert E. Bacharach) by This case highlights the rank absurdity of the all-too-common judicial practice of rote impositions of just about any special conditions of supervised release that sound tough- even if they lack any legal …

U.S. v. Torres-Perez, No. 14-10154 (5th Cir.) (777 F.3d 764) (January 29, 2015) (Judge James E. Jr. Graves)

Article • May 4, 2015 • from P&J May, 2015

Filed under: Punch And Jurists, Guideline Amendment 775

U.S. v. Torres-Perez, No. 14-10154 (5th Cir.) (777 F.3d 764) (January 29, 2015) (Judge James E. Jr. Graves) by The Sentencing Guidelines provide that when a defendant “clearly demonstrates acceptance of responsibility for his offense,” his base offense level should be decreased by 2 levels. (U.S.S.G. § 3E1.1(a)). The Guidelines …

U.S. v. Kim, No. Crim. No. 13-0100 (D.D.C.) ( F.Supp.3d ) (May 8, 2015) (Judge Amy Berman Jackson)

Article • May 4, 2015 • from P&J May, 2015

Filed under: Computers, Punch And Jurists

U.S. v. Kim, No. Crim. No. 13-0100 (D.D.C.) ( F.Supp.3d ) (May 8, 2015) (Judge Amy Berman Jackson) by In its landmark decision in Riley v. California, 573 U.S. ___, 134 S. Ct. 2473 (2014), the Supreme Court addressed for the first time the question of whether the police may …