Search | Punch and Jurists

U.S. v. Sutton, No. 02-1679 (7th Cir.) (337 F.3d 792) (July 23, 2003) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Fingerprint Evidence

U.S. v. Sutton, No. 02-1679 (7th Cir.) (337 F.3d 792) (July 23, 2003) (Judge Richard D. Cudahy) by Here, in a switch from its customary position, the Government strenuously objected to proposed introduction of fingerprint evidence by the defendants in this case; and the Government prevailed on that issue principally …

Caldarola v. County of Westchester, No. 01-7457 (2nd Cir.) (343 F.3d 570) (September 9, 2003) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Perp Walks/Ride-Alongs

Caldarola v. County of Westchester, No. 01-7457 (2nd Cir.) (343 F.3d 570) (September 9, 2003) (Judge Fred I. Parker) by In 1999, a number of corrections officers working for the Westchester County Department of Corrections were arrested on charges of grand larceny, arising out of their suspected receipt of disability …

U.S. v. Sattar, No. 02 CR 395 (JGK) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 16164) (September 15, 2003) (Judge John G. Koeltl)

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

Filed under: Punch And Jurists, Foreign Intelligence Surveillance Act (FISA)

U.S. v. Sattar, No. 02 CR 395 (JGK) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 16164) (September 15, 2003) (Judge John G. Koeltl) by In July, Judge Koeltl dismissed the two most serious anti-terrorist charges against the embattled criminal defense attorney, Lynne Stewart, who had been accused of providing material support and …

U.S. v. Darwich, No. 99-2147 (6th Cir.) (337 F.3d 645) (July 24, 2003) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Darwich, No. 99-2147 (6th Cir.) (337 F.3d 645) (July 24, 2003) (Judge Karen Nelson Moore) by In this case the Sixth Circuit held that the district court had erred in relying on hearsay evidence to reach the 50-kilogram quantity of marijuana needed to sentence the defendant under 21 …

Benitez v. Wallis, No. 02-14324 (11th Cir.) (337 F.3d 1289) (July 17, 2003) (Per Curiam)

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

Filed under: Punch And Jurists, Detention - Generally

Benitez v. Wallis, No. 02-14324 (11th Cir.) (337 F.3d 1289) (July 17, 2003) (Per Curiam) by The United States District Court for the Northern District of Florida denied petitioner inadmissible alien's 28 U.S.C. § 2241 petition challenging his indefinite detention. The district court concluded that the Immigration and Naturalization Service's …

U.S. v. Moussaoui, No. 03-4162 (4th Cir.) (336 F.3d 279) (July 14, 2003) (Per Curiam)

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

Filed under: Punch And Jurists, Appealable Issues/Orders

U.S. v. Moussaoui, No. 03-4162 (4th Cir.) (336 F.3d 279) (July 14, 2003) (Per Curiam) by

U.S. v. Rosenthal, No. CR 02-0053 (CRB) (N.D.Cal.) (266 F.Supp.2d 1091) (June 9, 2003) (Judge Charles R. Breyer)

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

Filed under: Punch And Jurists, Medical Marijuana

U.S. v. Rosenthal, No. CR 02-0053 (CRB) (N.D.Cal.) (266 F.Supp.2d 1091) (June 9, 2003) (Judge Charles R. Breyer) by In response to the defendant's assertion of a defense of medical marijuana, the Court granted him a significant downward departure, both because he was eligible for the safety valve and because …

U.S. v. Bobo, No. 02-11011 (11th Cir.) (344 F.3d 1076) (August 26, 2003) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists

U.S. v. Bobo, No. 02-11011 (11th Cir.) (344 F.3d 1076) (August 26, 2003) (Judge Joel F. Dubina) by In this case, after the District Court denied defendant's motion to dismiss Counts I and II of the indictment, he was convicted of conspiracy to defraud the U.S. "and any health care …

Hurt v. Federal Bureau of Prisons, No. 5:03-CV-265-4 (DF) (M.D.Ga.) (323 F.Supp.2d 1358) (August 29, 2003) (Judge Duross Fitzpatrick)

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

Filed under: Punch And Jurists, 10% Limitation

Hurt v. Federal Bureau of Prisons, No. 5:03-CV-265-4 (DF) (M.D.Ga.) (323 F.Supp.2d 1358) (August 29, 2003) (Judge Duross Fitzpatrick) by This is the first case we have seen in which a court has enjoined the BOP from implementing it recent new policy of limiting the amount of time that an …

U.S. v. Keene, No. 02-2330 (1st Cir.) (341 F.3d 78) (August 22, 2003) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Keene, No. 02-2330 (1st Cir.) (341 F.3d 78) (August 22, 2003) (Judge Richard S. Arnold) by Here, joining with decisions from the Sixth, Seventh and Eleventh Circuits, the First Circuit refused to extend the Apprendi requirements to criminal forfeitures, since forfeitures are “not viewed as a separate charge” …

U.S. v. Haynes, No. CRIM.01-202470D (W.D.Tenn.) (265 F.Supp.2d 914) (May 15, 2003) (Judge Bernice B. Donald)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Haynes, No. CRIM.01-202470D (W.D.Tenn.) (265 F.Supp.2d 914) (May 15, 2003) (Judge Bernice B. Donald) by Here the Court granted the defendant's motion for a jury instruction that a sentence of death is never required under the Federal Death Penalty Act - even if the aggravating factors sufficiently outweigh …

U.S. v. Irving, No. 03 Crim. 0633 (LAK) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 16111) (September 15, 2003) (Judge Lewis A. Kaplan)

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

Filed under: Punch And Jurists, Searches - Cellphones/Computers/Internet

U.S. v. Irving, No. 03 Crim. 0633 (LAK) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 16111) (September 15, 2003) (Judge Lewis A. Kaplan) by The defendant in this case, Stefan Irving, an American citizen who was a convicted pedophile, was one of several persons suspected of traveling to Mexico for the purpose …

U.S. v. Warren, No. 02-3110 (3rd Cir.) (338 F.3d 258) (August 7, 2003) (Judge Ruggero J. Aldisert)

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

Filed under: Punch And Jurists

U.S. v. Warren, No. 02-3110 (3rd Cir.) (338 F.3d 258) (August 7, 2003) (Judge Ruggero J. Aldisert) by As a matter of first impression for the Third Circuit, the Court held that a defendant may not invoke the Fifth Amendment and refuse to provide the government with additional information pursuant …

U.S. v. Midgett, No. 01-4674 (4th Cir.) (342 F.3d 321) (September 4, 2003) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists

U.S. v. Midgett, No. 01-4674 (4th Cir.) (342 F.3d 321) (September 4, 2003) (Judge William B. Jr. Traxler) by Defendant appealed the judgment of the United States District Court for the Western District of North Carolina, at Charlotte, convicting him of damaging a vehicle by means of fire and injuring …

U.S. v. Kimler, No. 02-3097 (10th Cir.) (335 F.3d 1132) (July 7, 2003) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Kimler, No. 02-3097 (10th Cir.) (335 F.3d 1132) (July 7, 2003) (Judge Stephen H. Anderson) by Here the Court upheld as authorized by the plain language of the underlying statutes two special conditions of supervised rellease to give DNA samples and to attend sex eduction therapy imposed on …

U.S. v. Riley, No. 02-30072 (9th Cir.) (335 F.3d 919) (July 9, 2003) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Riley, No. 02-30072 (9th Cir.) (335 F.3d 919) (July 9, 2003) (Judge A. Wallace Tashima) by The defendant appealed from a judgment of the District Court, convicting him, pursuant to his guilty plea, of conspiracy to produce fictitious obligations in violation of 18 U.S.C.S. § 514, possession of …

Graffia v. U.S., No. 02 C 5701 (N.D.Ill.) (264 F.Supp.2d 674) (May 21, 2003) (Judge Elaine E. Bucklo)

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

Filed under: Punch And Jurists

Graffia v. U.S., No. 02 C 5701 (N.D.Ill.) (264 F.Supp.2d 674) (May 21, 2003) (Judge Elaine E. Bucklo) by Here the Court held that a four-year delay in deciding a petitioner’s § 2255 motion (during which time he actually completed the service of the very sentence he was attempting to …

U.S. v. Chase, No. 01-30200 (9th Cir.) (340 F.3d 978) (August 22, 2003) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Doctor/Patient Privilege

U.S. v. Chase, No. 01-30200 (9th Cir.) (340 F.3d 978) (August 22, 2003) (Judge Susan P. Graber) by In this case a divided en banc court held that, even though the threats that the defendant communicated to his psychiatrist arguably constituted a crime, the psychotherapist-patient privilege, which is recognized by …

Prison Legal News v. Lehman, No. C01-1911L (W.D.Wash.) (272 F.Supp.2d 1151) (June 17, 2003) (Judge Robert S. Lasnik)

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

Filed under: Punch And Jurists, Prison Mail

Prison Legal News v. Lehman, No. C01-1911L (W.D.Wash.) (272 F.Supp.2d 1151) (June 17, 2003) (Judge Robert S. Lasnik) by

Lewis v. Gagne, No. 1:02-CV-129 (N.D.N.Y.) (281 F.Supp.2d 429) (August 20, 2003) (Judge David N. Hurd)

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

Filed under: Punch And Jurists, Prison Litigation Reform Act (PLRA)

Lewis v. Gagne, No. 1:02-CV-129 (N.D.N.Y.) (281 F.Supp.2d 429) (August 20, 2003) (Judge David N. Hurd) by Here, in a case of first impression, the Court held that juvenile delinquents detained by the State are covered by the Prison Litigation Reform Act, and thus must exhaust all administrative remedies before …