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Article • June 20, 2003
Virginia v. Hicks, No. 02-371 (U.S. Supreme Court) (539 U.S. 113; 123 S.Ct. 2191) (June 16, 2003) (Justice Scalia) by The issue before the Court in this case was whether a public housing authority’s anti-trespass policy, designed to limit trafic in crime-ridden areas, was facially invalid under the First Amendment's …
Article • June 16, 2003
Bounds v. Smith, No. 75-915 (U.S. Supreme Court) (430 U.S. 817; 97 S.Ct. 1491) (April 27, 1977) (Justice Marshall) by Here the Court held that the fundamental constitutional right of access to the courts requires prison authorities to assist prisoners in the preparation and filing of meaningful legal papers by …
Article • June 14, 2003 • from P&J May, 1999
Richardson v. U.S., No. 97-8629 (U.S. Supreme Court) (526 U.S. 813; 119 S.Ct. 1707) (June 1, 1999) (Justice Breyer) by Here the Court held that a jury in a CCE case under 21 USC §848 case must unanimously agree not only that the defendant committed some “continuing series of violations,” …
Article • June 10, 2003
U.S. v. Alvarez-Machain, No. 91-712 (U.S. Supreme Court) (504 U.S. 655; 112 S.Ct. 2188) (June 15, 1992) (Justice Rehnquist) by Here the majority held that a criminal defendant, abducted to the United States from a nation with which it has an extradition treaty, does not thereby acquire a defense to …
Article • June 9, 2003
Yates v. U.S., No. 6 (U.S. Supreme Court) (354 U.S. 298; 77 S.Ct. 1064) (June 17, 2057) (Justice Harlan) by Here the Court held that a verdict must be set aside where the verdict is supportable on one ground but not on another, and it is impossible to tell which …
Article • June 9, 2003
Filed under: Punch And Jurists, Contempt
Yates v. U.S., No. 2 (U.S. Supreme Court) (355 U.S. 66; 78 S.Ct. 128) (November 25, 2057) (Justice Clark) by In this case, the petitioner, a high executive officer of the Communist Party of California, and 13 codefendants were indicted and convicted of conspiracy to violate the Smith Act. During …
Article • June 7, 2003
Hudson v. U.S., No. 96-976 (U.S. Supreme Court) (522 U.S. 93; 118 S.Ct. 488) (December 10, 1997) (Justice Rehnquist) by Case held that if a penalty is applied under a civil statutory scheme, only the "clearest proof" will transform a civil penalty into a criminal punishment for double jeopardy purposes, …
Article • June 7, 2003
Buchanan v. Angelone, No. 96-8400 (U.S. Supreme Court) (522 U.S. 269; 118 S.Ct. 757) (January 21, 1998) (Justice Rehnquist) by In this case, the Supreme Court upheld the constitutionality of the Virginia pattern capital sentencing instruction against a challenge on Eighth and Fourteenth Amendment grounds. As Justice Rehnquist explained: "This …
Article • June 7, 2003
Filed under: Punch And Jurists
Bates v. U.S., No. 96-7185 (U.S. Supreme Court) (522 U.S. 23; 118 S.Ct. 285) (November 4, 1997) (Justice Ginsburg) by This case involved an interpretation of 20 U.S.C. § 1097(a) which makes is a felony to "knowingly and willfully" misapply student loan funds insured under Title IV of the Higher …
Article • June 5, 2003
U.S. v. Gagnon, No. 84-690 (U.S. Supreme Court) (470 U.S. 522; 105 S.Ct. 1482) (March 18, 1985) (Per Curiam) by In this case, the Government appealed from the reversal of the convictions of four respondents who were convicted of cocaine distribution conspiracy and who then had those convictions reversed on …
Article • June 5, 2003
U.S. Dep't of Justice v. Reporters Comm. for Freedom of the Press, No. 87-1379 (U.S. Supreme Court) (489 U.S. 749; 109 S.Ct. 1468) (March 22, 1989) (Justice Stevens) by The Court held that rap sheets are categorically protected from disclosure under the individual privacy exemption for law enforcement information, even …
Article • June 4, 2003
Filed under: Punch And Jurists
Abbate v. U.S., No. 7 (U.S. Supreme Court) (359 U.S. 187; 79 S.Ct. 666) (March 30, 2059) (Justice Brennan) by The petitioners were convicted under an Illinois statute for conspiring in Illinois to destroy property outside that state. Federal indictments were subsequently returned against the same petitioners in one of …
Article • June 4, 2003
Filed under: Punch And Jurists
Thompson v. U.S., No. 79-5180 (U.S. Supreme Court) (444 U.S. 248; 100 S.Ct. 512) (January 14, 1980) (Per Curiam) by The petitioner in this case was brought to trial in a state court on a charge of armed burglary, and was convicted by a jury of a lesser-included offense. He …
Article • June 2, 2003
Murray v. Carrier, No. 84-1554 (U.S. Supreme Court) (477 U.S. 478; 106 S.Ct. 2639) (June 26, 1986) (Justice O'Connor) by The Court granted certiorari in this case to consider "whether a federal habeas petitioner can show cause for a procedural default by establishing that competent defense counsel inadvertently failed to …
Article • June 1, 2003 • from P&J June, 2003
U.S. v. Aguilar-Portillo, No. 02-3817 (8th Cir.) (334 F.3d 744) (July 1, 2003) (Judge Morris Sheppard Arnold) by Here the Court reversed the district court's grant of a one level sentencing departure in a drug case based on the defendant's ties to the U.S., stating that a departure based on …
Article • June 1, 2003 • from P&J June, 2003
Filed under: Punch And Jurists
U.S. v. Dyck, No. 03-1308 (8th Cir.) (334 F.3d 736) (July 1, 2003) (Judge David R. Hansen) by The defendant in this case, Pedro Dyck, was one of the growing legion of aliens who are given long prison sentences, at great expense to the American taxpayer, prior to their ultimate …
Article • June 1, 2003 • from P&J June, 2003
U.S. v. Rosado, No. S501CR74-12 (SAS) (S.D.N.Y.) (254 F.Supp.2d 316) (January 7, 2003) (Judge Shira A. Scheindlin) by Here the Court held that Guideline Amendment 602, which prohibits sentencing departures based on post-sentence rehabilitation, does not preclude departures based on extraordinary post-offense but pre-sentencing rehabilitation.
Article • June 1, 2003 • from P&J June, 2003
Iacaboni v. U.S., No. C.A. 30013-MAP (D.Mass.) (251 F.Supp.2d 1015) (March 20, 2003) (Judge Michael A. Ponsor) by The petitioners in these three consolicated cases sought habeas relief pursuant to 28 U.S.C. § 2255 based on the Bureau of Prison's (BOP) change in policy that ended its long practice of …
Article • June 1, 2003 • from P&J June, 2003
U.S. v. Andis, No. 01-1272 (8th Cir.) (333 F.3d 886) (June 27, 2003) (Judge Michael J. Melloy) by Almost immediately after the advent of the Guidelines, the plea bargaining process in Federal criminal cases started undergoing two major changes. First, more defendants began to plead guilty to order to benefit …
Article • June 1, 2003 • from P&J June, 2003
U.S. v. Cabaccang, No. 98-10159 (9th Cir.) (332 F.3d 622) (June 6, 2003) (Judge Raymond C. Fisher) by Here the en banc Court held that the transport of drugs on a nonstop flight from one location in the U.S. to another does not constitute importation within the meaning of 21 …
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