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Cotto v. Herbert, No. 01-2694 (2nd Cir.) (331 F.3d 217) (May 1, 2003) (Judge Chester J. Straub)
Article • July 1, 2003 • from P&J April, 2003
Filed under: Punch And Jurists
Cotto v. Herbert, No. 01-2694 (2nd Cir.) (331 F.3d 217) (May 1, 2003) (Judge Chester J. Straub) by Here the Court ordered a new trial for a defendant convicted of murder after finding that his Confrontation Clause rights had been violated when he was denied the right to cross-examine the …
U.S. v. Pasquantino, No. 01-4463 (4th Cir.) (336 F.3d 221) (July 18, 2003) (Judge Clyde H. Hamilton)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct
U.S. v. Pasquantino, No. 01-4463 (4th Cir.) (336 F.3d 221) (July 18, 2003) (Judge Clyde H. Hamilton) by Defendants sought review of a judgment from the District Court, which convicted them of wire fraud and aiding and abetting wire fraud in violation of 18 U.S.C.S. §§ 2, 1343. After defendants' …
Brown v. Greiner, No. 01-CV-2528 (JG) (E.D.N.Y.) (258 F.Supp.2d 68) (March 21, 2003) (Judge John Gleeson)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists
Brown v. Greiner, No. 01-CV-2528 (JG) (E.D.N.Y.) (258 F.Supp.2d 68) (March 21, 2003) (Judge John Gleeson) by Here the Court held that New York State's discretionary persistent felony offender statute (N.Y. Penal Law §70.20) was unconstitutional since it violated the rule established in Apprendi v. New Jersey. The petitioner in …
Ford v. Hubbard, No. 98-56455 (9th Cir.) (330 F.3d 1086) (September 6, 2002) (Judge Stephen Reinhardt)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Exhaustion of Remedies
Ford v. Hubbard, No. 98-56455 (9th Cir.) (330 F.3d 1086) (September 6, 2002) (Judge Stephen Reinhardt) by Two separate petitioners, state inmates, filed mixed federal habeas petitions in the United States District Court for the Central District of California, which were dismissed. Petitioners then exhausted their state remedies on all …
Gherebi v. Bush, No. CV 03-1267-AHM (C.D.Cal.) (262 F.Supp.2d 1064) (May 13, 2003) (Judge A. Howard Matz)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists
Gherebi v. Bush, No. CV 03-1267-AHM (C.D.Cal.) (262 F.Supp.2d 1064) (May 13, 2003) (Judge A. Howard Matz) by Here, despite finding the facts of this case "deeply troubling," the Court reluctantly held that it lacked jurisdiction to hear the petitioner's habeas claim challenging his being held incommunicado at Guantanamo Bay, …
Mena v. City of Simi Valley, No. 01-56673 (9th Cir.) (332 F.3d 1255) (June 23, 2004) (Judge Harry Pregerson)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Mena v. City of Simi Valley, No. 01-56673 (9th Cir.) (332 F.3d 1255) (June 23, 2004) (Judge Harry Pregerson) by Appellant police officers sought review of a judgment from the United States District Court for the Central District of California entered on a jury verdict in favor of appellee citizen …
Alford v. Haner, No. 01-35141 (9th Cir.) (333 F.3d 972) (June 23, 2003) (Judge James R. Browning)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Alford v. Haner, No. 01-35141 (9th Cir.) (333 F.3d 972) (June 23, 2003) (Judge James R. Browning) by Plaintiff arrestee filed suit under 42 U.S.C. § 1983 alleging that his arrest, incarceration, and prosecution violated his Fourth Amendment right to be free from unreasonable seizure, and pursued state law claims …
U.S. v. Yirkovsky, No. 02-1176 (8th Cir.) (338 F.3d 936) (July 31, 2003) (Judge David R. Hansen)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of
U.S. v. Yirkovsky, No. 02-1176 (8th Cir.) (338 F.3d 936) (July 31, 2003) (Judge David R. Hansen) by Defendant sought review of a decision of the United States District Court for the Northern District of Iowa, which denied defendant's motion for judgment of acquittal and convicted defendant, after a jury …
Tesmer v. Granholm, No. 00-1824 (6th Cir.) (333 F.3d 683) (June 17, 2003) (Judge Boyce F. Jr. Martin)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Equal Protection Clause/Claims
Tesmer v. Granholm, No. 00-1824 (6th Cir.) (333 F.3d 683) (June 17, 2003) (Judge Boyce F. Jr. Martin) by In recent years, as the states have struggled to find ways to curb the ever-spiraling costs of two decades of dramatically increased incarceration efforts, we have seen a proliferation of new …
U.S. v. Cordova, No. 02-2193 (10th Cir.) (337 F.3d 1246) (August 12, 2003) (Judge Michael W. McConnell)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists
U.S. v. Cordova, No. 02-2193 (10th Cir.) (337 F.3d 1246) (August 12, 2003) (Judge Michael W. McConnell) by In this brief decision, the Tenth Circuit vacated a fifteen level downward departure granted by Judge Martha Vazquez of the D.N.Mex. based on the defendant’s reduced mental capacity and her physical and …
Rico v. Leftridge-Byrd, No. 01-4150 (3rd Cir.) (340 F.3d 178) (August 14, 2003) (Judge Maryanne Trump Barry)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Batson Claims
Rico v. Leftridge-Byrd, No. 01-4150 (3rd Cir.) (340 F.3d 178) (August 14, 2003) (Judge Maryanne Trump Barry) by In Batson v. Kentucky, 476 U.S. 79, 89 (1986), the Supreme Court held that a defendant's right under the Equal Protection Clause of the Constitution is violated when prosecutors "challenge potential jurors …
U.S. v. Rice, No. 02-2701 (8th Cir.) (332 F.3d 538) (June 17, 2003) (Judge Roger L. Wollman)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Abuse
U.S. v. Rice, No. 02-2701 (8th Cir.) (332 F.3d 538) (June 17, 2003) (Judge Roger L. Wollman) by
Cani v. U.S., No. 02-12790 (11th Cir.) (331 F.3d 1210) (May 29, 2003) (Judge Stanley Marcus)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Appeals, Punch And Jurists
Cani v. U.S., No. 02-12790 (11th Cir.) (331 F.3d 1210) (May 29, 2003) (Judge Stanley Marcus) by The pritioner in this case, a federal prisoner proceeding pro se, appealed the dismissal of his petition, pursuant to 18 U.S.C. § 3663, for recalculation of the amount and manner of payment of …
Spurlock v. Thompson, No. 01-6356 (6th Cir.) (330 F.3d 791) (May 30, 2003) (Judge R. Guy Jr. Cole)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Spurlock v. Thompson, No. 01-6356 (6th Cir.) (330 F.3d 791) (May 30, 2003) (Judge R. Guy Jr. Cole) by This sordid case has a long and convoluted history, much of which is recounted in far greater detail in Spurlock v. Satterfield, 167 F.3d 996 (6th Cir. 1999) (Spurlock I). In …
U.S. v. Rhodes, No. 02-2218 (7th Cir.) (330 F.3d 949) (June 2, 2003) (Judge John L. Coffey)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Loss - Calculation/Determination of
U.S. v. Rhodes, No. 02-2218 (7th Cir.) (330 F.3d 949) (June 2, 2003) (Judge John L. Coffey) by In this case, following the entry of the defendant's guilty plea to mail fraud, the District Court ordered that defendant make restitution in the amount of $ 1,104,557 due and payable immediately …
U.S. v. Caplinger, No. 01-4878 (4th Cir.) (339 F.3d 226) (August 11, 2003) (Judge M. Blane Michael)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Abuse of Position of Trust
U.S. v. Caplinger, No. 01-4878 (4th Cir.) (339 F.3d 226) (August 11, 2003) (Judge M. Blane Michael) by Here the court vacated an abuse of trust enhancement under U.S.S.G. § 3B1.3 as any trust the investors placed in defendant was not based on a special relationship he had with them …
U.S. v. T.M., No. 02-10189 (9th Cir.) (330 F.3d 1235) (June 4, 2003) (Judge Jr. William C. Canby)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Special Conditions
U.S. v. T.M., No. 02-10189 (9th Cir.) (330 F.3d 1235) (June 4, 2003) (Judge Jr. William C. Canby) by Here the Court held that the imposition of special conditions on a defendant convicted of drug crimes requiring him to participate in sex offender treatment and register as a sex offender, …
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 …
Farrakhan v. State of Washingtom, No. 01-35032 (9th Cir.) (338 F.3d 1009) (July 25, 2003) (Judge Richard A. Paez)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Voting Rights
Farrakhan v. State of Washingtom, No. 01-35032 (9th Cir.) (338 F.3d 1009) (July 25, 2003) (Judge Richard A. Paez) by Here the Ninth Circuit held that the district court had erred when it concluded that Washington State’s felon disenfranchisement scheme did not violate the federal Voting Rights Act (42 U.S.C. …
Albright v. Oliver, No. 92-833 (U.S. Supreme Court) (510 U.S. 266; 114 S.Ct. 807) (January 24, 1994) (Justice Rehnquist)
Article • June 24, 2003
Filed under: Punch And Jurists, False Arrrest/Malicious Prosecution
Albright v. Oliver, No. 92-833 (U.S. Supreme Court) (510 U.S. 266; 114 S.Ct. 807) (January 24, 1994) (Justice Rehnquist) by Here a plurality of the Court held that the substantive component of the 14th Amendment's Due Process Clause "with its scarce and open-ended guideposts" may not give rise to a …
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