Search | Punch and Jurists

Braun v. Baldwin, No. 02-4143 (7th Cir.) (346 F.3d 761) (October 10, 2003) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Jury Nullification

Braun v. Baldwin, No. 02-4143 (7th Cir.) (346 F.3d 761) (October 10, 2003) (Judge Richard A. Posner) by Here the Court upheld the dismissal of a civil rights lawsuit based on an infringement of freedom of speech, holding that the plaintiff had no First Amendment right to hand out pamphlets …

North Carolina v. Alford, No. 14 (U.S. Supreme Court) (400 U.S. 25; 91 S.Ct. 160) (November 23, 1970) (Justice White)

Article • September 30, 2003

Filed under: Punch And Jurists, Alford plea

North Carolina v. Alford, No. 14 (U.S. Supreme Court) (400 U.S. 25; 91 S.Ct. 160) (November 23, 1970) (Justice White) by In this case the Supreme Court formally acknowledged what has become known as an Alford plea - a plea in which the defendant recognizes that the Government has enough …

Chambers v. Maroney, No. 830 (U.S. Supreme Court) (399 U.S. 42; 90 S.Ct. 1975) (June 22, 1970) (Justice White)

Article • September 30, 2003

Filed under: Punch And Jurists, Searches - Automobile

Chambers v. Maroney, No. 830 (U.S. Supreme Court) (399 U.S. 42; 90 S.Ct. 1975) (June 22, 1970) (Justice White) by Here the Court held that officers with probable cause to search an automobile at the scene of an arrest or stop may constitutionally seize the automobile and subsequently search it …

Florida v. Royer, No. 80-2146 (U.S. Supreme Court) (460 U.S. 491; 103 S.Ct. 1319) (March 23, 1983) (Justice White)

Article • September 25, 2003

Filed under: Punch And Jurists, Consent

Florida v. Royer, No. 80-2146 (U.S. Supreme Court) (460 U.S. 491; 103 S.Ct. 1319) (March 23, 1983) (Justice White) by In this case the Supreme Court suppressed the evidence discovered as a result of a search following an illegal stop, even though the police obtained the defendant's consent to the …

Wade v. Hunter, No. 427 (U.S. Supreme Court) (336 U.S. 684; 69 S.Ct. 834) (April 25, 2049) (Justice Black)

Article • September 25, 2003

Filed under: Punch And Jurists

Wade v. Hunter, No. 427 (U.S. Supreme Court) (336 U.S. 684; 69 S.Ct. 834) (April 25, 2049) (Justice Black) by This case involved a court-martial held during the American advance into Germany in World War II. Key civilian witnesses were ill during the initial trial, which was continued to await …

Weatherford v. Bursey, No. 75-1510 (U.S. Supreme Court) (429 U.S. 545; 97 S.Ct. 837) (February 22, 1977) (Justice White)

Article • September 21, 2003

Filed under: Punch And Jurists, Invasion of Defense Camp

Weatherford v. Bursey, No. 75-1510 (U.S. Supreme Court) (429 U.S. 545; 97 S.Ct. 837) (February 22, 1977) (Justice White) by The plaintiff in this case, Brett Bursey, sued Jack Weatherford, a law enforcement agent who had worked undercover on Bursey's criminal case, under 42 U.S.C. § 1983. Weatherford and Bursey …

Upjohn Co. v. U.S., No. 79-886 (U.S. Supreme Court) (449 U.S. 383; 101 S.Ct. 677) (January 13, 1981) (Justice Rehnquist)

Article • September 21, 2003

Filed under: Punch And Jurists, Attorney/Client

Upjohn Co. v. U.S., No. 79-886 (U.S. Supreme Court) (449 U.S. 383; 101 S.Ct. 677) (January 13, 1981) (Justice Rehnquist) by In this case the Supreme Court granted certiorari to review a decision of the Sixth Circuit, which held that the attorney-client privilege did not apply to communications made by …

U.S. v. Ramsey, No. 76-167 (U.S. Supreme Court) (431 U.S. 606; 97 S.Ct. 1972) (June 6, 1977) (Justice Rehnquist)

Article • September 21, 2003

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Ramsey, No. 76-167 (U.S. Supreme Court) (431 U.S. 606; 97 S.Ct. 1972) (June 6, 1977) (Justice Rehnquist) by Here the Court held that customs officials are permitted to conduct searches of incoming mail and packages without probable cause because border searches are "reasonable" within the meaning of the …

Skinner v. Railway Labor Executives' Ass'n, No. 87-1555 (U.S. Supreme Court) (489 U.S. 602; 109 S.Ct. 1402) (March 21, 1989) (Justice Kennedy)

Article • September 20, 2003

Filed under: Punch And Jurists, Special Needs Exception

Skinner v. Railway Labor Executives' Ass'n, No. 87-1555 (U.S. Supreme Court) (489 U.S. 602; 109 S.Ct. 1402) (March 21, 1989) (Justice Kennedy) by In this case, the majority upheld the suspicionless drug testing of railroad employees involved in train accidents. It reasoned that railroad employees are in a position to …

U.S. v. Nobles, No. 74-634 (U.S. Supreme Court) (422 U.S. 225; 95 S.Ct. 2160) (June 23, 1975) (Justice Powell)

Article • September 18, 2003

Filed under: Punch And Jurists, Attorney/Client

U.S. v. Nobles, No. 74-634 (U.S. Supreme Court) (422 U.S. 225; 95 S.Ct. 2160) (June 23, 1975) (Justice Powell) by Here the Court explained that the work product doctine, which is broader than the attorney-client privilege, is intended to shelter the mental processes of the attorney, providing a privileged area …

Broadrick v. Oklahoma, No. 71-1639 (U.S. Supreme Court) (413 U.S. 601; 93 S.Ct. 2908) (June 25, 1973) (Justice White)

Article • September 18, 2003

Filed under: Punch And Jurists, Vagueness/Overbreadth

Broadrick v. Oklahoma, No. 71-1639 (U.S. Supreme Court) (413 U.S. 601; 93 S.Ct. 2908) (June 25, 1973) (Justice White) by In this case the appellant state employees sought review of a decision of the United States District Court for the Western District of Oklahoma, which determined that § 818 of …

Bell v. Wolfish, No. 77-1829 (U.S. Supreme Court) (441 U.S. 520; 99 S.Ct. 1881) (May 14, 1979) (Justice Rehnquist)

Article • September 16, 2003

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

Bell v. Wolfish, No. 77-1829 (U.S. Supreme Court) (441 U.S. 520; 99 S.Ct. 1881) (May 14, 1979) (Justice Rehnquist) by Among the many prisoners' rights issued addressed by the Supreme Court in this case, the Court identified the framework in which searches of pretrial detainees in custody are to be …

Beech Aircraft Corp. v. Rainey, No. 87-981 (U.S. Supreme Court) (488 U.S. 153; 109 S.Ct. 439) (December 12, 1988) (Justice Brennan)

Article • September 16, 2003

Filed under: Punch And Jurists, Invesitgative Findings

Beech Aircraft Corp. v. Rainey, No. 87-981 (U.S. Supreme Court) (488 U.S. 153; 109 S.Ct. 439) (December 12, 1988) (Justice Brennan) by In this case the plaintiff surviving spouses brought an action against the defendant manufacturer and the defendant service company, which serviced the plane under a contract with the …

O'Connor v. Ortega, No. 85-530 (U.S. Supreme Court) (480 U.S. 709; 107 S.Ct. 1492) (March 31, 1987) (Justice O'Connor)

Article • September 14, 2003

Filed under: Punch And Jurists, Workplace Searches

O'Connor v. Ortega, No. 85-530 (U.S. Supreme Court) (480 U.S. 709; 107 S.Ct. 1492) (March 31, 1987) (Justice O'Connor) by In this case the Supreme Court considered the constitutionality of a state hospital administrator's search of a doctor's desk and file cabinets pursuant to an investigation into non-criminal work-related misconduct. …

Florida v. Jimeno, No. 90-622 (U.S. Supreme Court) (500 U.S. 248; 111 S.Ct. 1801) (May 23, 1991) (Justice Rehnquist)

Article • September 14, 2003

Filed under: Punch And Jurists, Consent

Florida v. Jimeno, No. 90-622 (U.S. Supreme Court) (500 U.S. 248; 111 S.Ct. 1801) (May 23, 1991) (Justice Rehnquist) by Here the Court held that the Fourth Amendment is not violated when, after a person gives a consent to search his car, they open a closed container found within the …

New York v. Ferber, No. 81-55 (U.S. Supreme Court) (458 U.S. 747; 102 S.Ct. 3348) (July 2, 1982) (Justice White)

Article • September 13, 2003

Filed under: Punch And Jurists

New York v. Ferber, No. 81-55 (U.S. Supreme Court) (458 U.S. 747; 102 S.Ct. 3348) (July 2, 1982) (Justice White) by In this case, the owner of a bookstore "specializing in sexually oriented products" asserted that a New York statute barring dissemination of materials depicting a child engaged in sexual …

Strunk v. U.S., No. 72-5521 (U.S. Supreme Court) (412 U.S. 434; 93 S.Ct. 2260) (June 11, 1973) (Justice Burger)

Article • September 10, 2003

Filed under: Punch And Jurists, Delays in Prosecution of Case

Strunk v. U.S., No. 72-5521 (U.S. Supreme Court) (412 U.S. 434; 93 S.Ct. 2260) (June 11, 1973) (Justice Burger) by Here the Court held that once a judicial determination has been made that an accused has been denied a speedy trial, the only remedy available to the court is to …

Smith v. Goguen, No. 72-1254 (U.S. Supreme Court) (415 U.S. 566; 94 S.Ct. 1242) (March 25, 1974) (Justice Powell)

Article • September 1, 2003

Filed under: Punch And Jurists, Vagueness/Overbreadth

Smith v. Goguen, No. 72-1254 (U.S. Supreme Court) (415 U.S. 566; 94 S.Ct. 1242) (March 25, 1974) (Justice Powell) by Here a divided Court held that a statute that makes it a crime for one to mutilate, trample, deface or "treat contemptuously" the flag of the United States was too …

U.S. v. Jackson, No. 02-1237 (2nd Cir.) (345 F.3d 59) (September 17, 2003) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Jackson, No. 02-1237 (2nd Cir.) (345 F.3d 59) (September 17, 2003) (Judge Dennis G. Jacobs) by In this case, the Second Circuit squarely held for the first time that the disclosure requirements of Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, require disclosure of exculpatory and/or …

U.S. v. Brunshtein, No. 02-1345 (2nd Cir.) (344 F.3d 91) (September 9, 2003) (Judge Barrington D. Jr. Parker)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Brunshtein, No. 02-1345 (2nd Cir.) (344 F.3d 91) (September 9, 2003) (Judge Barrington D. Jr. Parker) by Here the Court affirmed a conviction for bribery in violation of 18 U.S.C. § 666(a)(2), notwithstanding the failure of the District Court to submit to the jury the issue of whether …