Search | Punch and Jurists

Vore v. U.S. Dept. of Justice, No. CV 02-405 TUC DCB (D.Ariz.) (281 F.Supp.2d 1129) (September 8, 2003) (Judge David C. Bury)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

Vore v. U.S. Dept. of Justice, No. CV 02-405 TUC DCB (D.Ariz.) (281 F.Supp.2d 1129) (September 8, 2003) (Judge David C. Bury) by Defendant United States sought to obtain DNA blood test information from plaintiff, a federal inmate convicted of bank robbery, pursuant to the DNA Analysis Backlog Elimination Act …

U.S. v. Laboy, No. 02-1865 (1st Cir.) (351 F.3d 578) (December 9, 2003) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Laboy, No. 02-1865 (1st Cir.) (351 F.3d 578) (December 9, 2003) (Judge Kermit A. Lipez) by The defendant in this case, Victor “Papito” Laboy, was one of a number of the members of the Latin Gangsta’ Disciples (“LGD”) street gang from Lawrence, MA who were prosecuted for selling …

Dodge v. County of Orange, No. 02 CIV. 769 (CM)(LMS) (S.D.N.Y.) (282 F.Supp.2d 41) (September 9, 2003) (Judge Colleen McMahon)

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

Filed under: Punch And Jurists, Searches - Body/Strip

Dodge v. County of Orange, No. 02 CIV. 769 (CM)(LMS) (S.D.N.Y.) (282 F.Supp.2d 41) (September 9, 2003) (Judge Colleen McMahon) by Here the Court granted a permanent injunction barring the Orange County Correctional Facility from implementing its policy that called for the automatic strip searches of all newly-admitted detainees arrested …

U.S. v. Akridge, No. 02-6294 (6th Cir.) (346 F.3d 618) (October 2, 2003) (Judge David A. Katz)

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

Filed under: Punch And Jurists, Attenuation Doctrine

U.S. v. Akridge, No. 02-6294 (6th Cir.) (346 F.3d 618) (October 2, 2003) (Judge David A. Katz) by This decision is noted for its detailed analysis of the “attenuation doctrine” - a judicially created exception to the Fourth Amendment’s exclusionary rule under which the courts justify the use of tainted …

Mojias v. Johnson, No. 03-0121 (2nd Cir.) (351 F.3d 606) (December 9, 2003) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Mojias v. Johnson, No. 03-0121 (2nd Cir.) (351 F.3d 606) (December 9, 2003) (Judge Wilfred Feinberg) by This is an important decision under the Prison Litigation Reform Act (PLRA), in which the Second Circuit called for greater scrutiny of claims that a prisoner had failed to exhaust his administrative remedies …

U.S. v. Toliver, No. 01-10222 (9th Cir.) (351 F.3d 423) (December 3, 2003) (Judge Richard A. Paez)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Toliver, No. 01-10222 (9th Cir.) (351 F.3d 423) (December 3, 2003) (Judge Richard A. Paez) by The Court held that the defendants were not entitled to a judgment of acquittal based on the government's including specific drug quantities and types in the indictment and the jury's inability to …

Gherebi v. Bush, No. 03-55785 (9th Cir.) (352 F.3d 1278) (December 18, 2003) (Judge Stephen Reinhardt)

Article • November 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists

Gherebi v. Bush, No. 03-55785 (9th Cir.) (352 F.3d 1278) (December 18, 2003) (Judge Stephen Reinhardt) by In this decision, a divided panel held that the detention of the 600 plus detainees at Guantanamo Bay, without charges and without access to lawyers, was both unconstitutional and a violation of international …

Padilla ex rel. Newman v. Rumsfeld, No. 03-2235 (2nd Cir.) (352 F.3d 695) (December 18, 2003) (Per Curiam)

Article • November 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists

Padilla ex rel. Newman v. Rumsfeld, No. 03-2235 (2nd Cir.) (352 F.3d 695) (December 18, 2003) (Per Curiam) by This historic and important ruling is one of the most significant decisions to date dealing with the Government’s war on alleged terrorists. Here, a divided panel from the Second Circuit ruled …

U.S. v. Hamm, No. CRIM.A.3:02CR-49-H (W.D.Ky.) (281 F.Supp.2d 929) (September 8, 2003) (Judge John G. II Heyburn)

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

Filed under: Punch And Jurists, Unduly Influencing a Minor

U.S. v. Hamm, No. CRIM.A.3:02CR-49-H (W.D.Ky.) (281 F.Supp.2d 929) (September 8, 2003) (Judge John G. II Heyburn) by In this case, Judge Heyburn rejected the Government’s request to impose the two-level sentencing enhancement permitted under U.S.S.G. § 2A3.2(b)(2)(B) (for unduly influencing a minor to engage in sexual activity) - on …

U.S. v. Williams, No. CR. 02-50060 (E.D.Mich.) (282 F.Supp.2d 586) (September 11, 2003) (Judge Paul V. Gadola)

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

Filed under: Punch And Jurists, Public Safety Exception

U.S. v. Williams, No. CR. 02-50060 (E.D.Mich.) (282 F.Supp.2d 586) (September 11, 2003) (Judge Paul V. Gadola) by This case is noted for Judge Gadola’s timely review of the “public safety exception” to the Miranda rule which allows police officers to question suspects without giving any Miranda warning if there …

U.S. v. Lentz, No. CR.A. 01-150-A (E.D.Va.) (282 F.Supp.2d 399) (May 14, 2002) (Judge Gerald Bruce Lee)

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

Filed under: Punch And Jurists, State of Mind

U.S. v. Lentz, No. CR.A. 01-150-A (E.D.Va.) (282 F.Supp.2d 399) (May 14, 2002) (Judge Gerald Bruce Lee) by This decision is noted for its detailed discussion of the “state of mind” exception to the hearsay rule. The defendant, Jay Lentz, was charged with the kidnapping and death of his former …

U.S. v. Calandra, No. 72-734 (U.S. Supreme Court) (414 U.S. 338; 94 S.Ct. 613) (January 8, 1974) (Justice Powell)

Article • October 17, 2003

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Calandra, No. 72-734 (U.S. Supreme Court) (414 U.S. 338; 94 S.Ct. 613) (January 8, 1974) (Justice Powell) by The issue presented in this case was whether a witness, summoned to appear and testify before a grand jury, may refuse to answer questions on the ground that they are …

Kimmelman v. Morrison, No. 84-1661 (U.S. Supreme Court) (477 U.S. 365; 106 S.Ct. 2574) (June 26, 1986) (Justice Brennan)

Article • October 17, 2003

Filed under: Punch And Jurists, Strickland Standard

Kimmelman v. Morrison, No. 84-1661 (U.S. Supreme Court) (477 U.S. 365; 106 S.Ct. 2574) (June 26, 1986) (Justice Brennan) by The respondent in this case, Neil Morrison, was convicted of raping a 15-year-old girl. Morrison's counsel objected to the introduction of a bed sheet that had semen on it and …

White v. Illinois, No. 90-6113 (U.S. Supreme Court) (502 U.S. 346; 112 S.Ct. 736) (January 15, 1992) (Justice Rehnquist)

Article • October 13, 2003

Filed under: Punch And Jurists, Doctor/Patient Privilege

White v. Illinois, No. 90-6113 (U.S. Supreme Court) (502 U.S. 346; 112 S.Ct. 736) (January 15, 1992) (Justice Rehnquist) by In this case the Court held that statements made by a patient for the purposes of medical diagnosis or treatment are an established exception to the hearsay rule because "a …

U.S. v. Hyde, No. 96-667 (U.S. Supreme Court) (520 U.S. 670; 117 S.Ct. 1630) (May 27, 1997) (Justice Rehnquist)

Article • October 10, 2003

Filed under: Punch And Jurists, Withdrawal

U.S. v. Hyde, No. 96-667 (U.S. Supreme Court) (520 U.S. 670; 117 S.Ct. 1630) (May 27, 1997) (Justice Rehnquist) by In this case, on the morning of trial, a plea bargain was reached between Hyde and the Government, under which he pled guilty to several counts and several others were …

U.S. v. Cortez, No. 79-404 (U.S. Supreme Court) (449 U.S. 411; 101 S.Ct. 690) (January 21, 1981) (Justice Burger)

Article • October 10, 2003

Filed under: Punch And Jurists, Terry Stops

U.S. v. Cortez, No. 79-404 (U.S. Supreme Court) (449 U.S. 411; 101 S.Ct. 690) (January 21, 1981) (Justice Burger) by In U.S. v. Brignoni-Ponce, 422 U.S. 873 (1975), the Supreme Court first articulated how the roving patrols of the U.S. Border Patrol could constitutionally make stops of vehicles traveling near …

Johnson v. U.S., No. 99-5153 (U.S. Supreme Court) (529 U.S. 694; 120 S.Ct. 1795) (May 15, 2000) (Justice Souter)

Article • October 7, 2003 • from P&J May, 2000

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

Johnson v. U.S., No. 99-5153 (U.S. Supreme Court) (529 U.S. 694; 120 S.Ct. 1795) (May 15, 2000) (Justice Souter) by Justice Scalia set the tone for this case when he candidly noted in his dissent that “[t]his is not an important case, since it deals with the interpretation of a …

Bailey v. U.S., No. 94-7448 (U.S. Supreme Court) (516 U.S. 137; 116 S.Ct. 501) (December 6, 1995) (Justice O'Connor)

Article • October 6, 2003

Filed under: Punch And Jurists, Possession or Use of Firearms

Bailey v. U.S., No. 94-7448 (U.S. Supreme Court) (516 U.S. 137; 116 S.Ct. 501) (December 6, 1995) (Justice O'Connor) by This case was a consolidated case involving two separate defendants who had been charged under the previous version of § 924(c)(1) for "use and carry" of a firearm. The police …

Bedenfield v. Schultz, No. 01 C 7013 (N.D.Ill.) (272 F.Supp.2d 753) (July 18, 2003) (Judge Elaine E. Bucklo)

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

Filed under: Punch And Jurists, Damages - Nominal

Bedenfield v. Schultz, No. 01 C 7013 (N.D.Ill.) (272 F.Supp.2d 753) (July 18, 2003) (Judge Elaine E. Bucklo) by The plaintiff-arrestee in this case brought an action against two defendant police officers under 42 U.S.C. § 1983, alleging excessive use of force. A jury found in favor of the arrestee …

U.S. v. Jenkins, No. 02-5573 (6th Cir.) (345 F.3d 928) (October 9, 2003) (Judge Richard Mills)

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

Filed under: Punch And Jurists, Evidence - Admissibility

U.S. v. Jenkins, No. 02-5573 (6th Cir.) (345 F.3d 928) (October 9, 2003) (Judge Richard Mills) by