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Capital Collateral Counsel v. Dept. of Justice, No. 02-14274 (11th Cir.) (331 F.3d 799) (May 20, 2003) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Capital Collateral Counsel v. Dept. of Justice, No. 02-14274 (11th Cir.) (331 F.3d 799) (May 20, 2003) (Judge Susan H. Black) by This case involves a Freedom of Information Act (FOIA) request for information concerning disciplinary sanctions imposed on a former Assistant U.S. Attorney, one Karen Cox, for acts of …

Stogner v. California, No. 01-1757 (U.S. Supreme Court) (539 U.S. 607; 123 S.Ct. 2446) (June 26, 2003) (Justice Breyer)

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

Filed under: Punch And Jurists

Stogner v. California, No. 01-1757 (U.S. Supreme Court) (539 U.S. 607; 123 S.Ct. 2446) (June 26, 2003) (Justice Breyer) by Until 1993, most sex crimes in California were governed by a general three-year statute of limitations, which meant that they could not be prosecuted once three years had elapsed. Pressured …

U.S. v. Martinez-Alvarez, No. 02-CR-223 (E.D.Wisc.) (256 F.Supp.2d 917) (April 14, 2003) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Cultural Assimilation

U.S. v. Martinez-Alvarez, No. 02-CR-223 (E.D.Wisc.) (256 F.Supp.2d 917) (April 14, 2003) (Judge Lynn S. Adelman) by U.S. v. Aguilar-Portillo, 334 F.3d 744 (8th Cir. 07/01/2003) (Judge M.S. Arnold) U.S. v. Martinez-Alvarez, 256 F.Supp.2d 917 (E.D. Wisc. 2003) (Judge Adelman) For years, the courts have wrestled with ways in which …

Wei Su v. Filion, No. 02-2683 (2nd Cir.) (335 F.3d 119) (July 11, 2003) (Judge Guido Calabresi)

Article • June 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Informants and Paid Witnesses

Wei Su v. Filion, No. 02-2683 (2nd Cir.) (335 F.3d 119) (July 11, 2003) (Judge Guido Calabresi) by Shabazz v. Artuz, 336 F.3d 154 (2nd Cir. 2003) (Judge Pooler) Su v. Filion, 335 F.3d 119 (2nd Cir. 2003) (Judge Calabresi) Promises of leniency given by the Government to cooperating witnesses …

Coleman v. U.S., No. 01-2236 (2nd Cir.) (329 F.3d 77) (May 7, 2003) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists

Coleman v. U.S., No. 01-2236 (2nd Cir.) (329 F.3d 77) (May 7, 2003) (Judge Robert D. Sack) by In this case a divided panel from the Second Circuit held that the rule established in Apprendi does not apply retroactively to initial habeas corpus petitions - because while Apprendi "unquestionably announced …

U.S. v. Dote, No. 02-1410 (7th Cir.) (328 F.3d 919) (May 13, 2003) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Dote, No. 02-1410 (7th Cir.) (328 F.3d 919) (May 13, 2003) (Judge John L. Coffey) by The defendant in this case appealed from a judgment of the district court which accepted his guilty plea to engaging in a racketeering conspiracy, operating an illegal gambling business, and engaging in …

U.S. v. $242,484.00, No. 01-16485 (11th Cir.) (351 F.3d 499) (June 30, 2003) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. $242,484.00, No. 01-16485 (11th Cir.) (351 F.3d 499) (June 30, 2003) (Judge James Larry Edmondson) by In U.S. v. $242,484.00, 318 F.3d 1240 (11th Cir. 2003) (P&J, 03/10/2003), the Eleventh Circuit reversed a forfeiture order that had been granted under 21 U.S.C. § 881(a)(6) on the grounds that …

Andrade v. Chojnacki, No. 01-50154 (5th Cir.) (338 F.3d 448) (July 14, 2003) (Judge Edith H. Jones)

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

Filed under: Recusal, Punch And Jurists

Andrade v. Chojnacki, No. 01-50154 (5th Cir.) (338 F.3d 448) (July 14, 2003) (Judge Edith H. Jones) by Few episodes in the history of American law enforcement have raised a greater furor than the FBI’s 51-day stakeout and subsequent siege of the Branch Davidian compound near Waco, TX. The siege …

U.S. v. Bennett, No. 02-3176 (7th Cir.) (332 F.3d 1094) (June 23, 2003) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Wired/Linked/Packaged Pleas

U.S. v. Bennett, No. 02-3176 (7th Cir.) (332 F.3d 1094) (June 23, 2003) (Judge William J. Bauer) by The defendant in this case pled guilty to conspiracy to commit wire fraud. While serving a prison sentence, the defendant and a co-defendant devised a scheme under which telephone calls placed by …

Hamdi v. Rumsfeld, No. 02-7338 (4th Cir.) (337 F.3d 335) (July 9, 2003) (Per Curiam)

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

Filed under: Punch And Jurists

Hamdi v. Rumsfeld, No. 02-7338 (4th Cir.) (337 F.3d 335) (July 9, 2003) (Per Curiam) by Here, by a vote of 8 to 4, the the Fourth Circuit refused to grant an en banc review of a ruling that upheld the right of the President to designate a United States …

U.S. v. Shimoda, No. 02-10188 (9th Cir.) (334 F.3d 846) (June 26, 2003) (Judge Edward Leavy)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Shimoda, No. 02-10188 (9th Cir.) (334 F.3d 846) (June 26, 2003) (Judge Edward Leavy) by Scott Shimoda, the defendant in this case, pled guilty to a single count of possession with intent to distribute 500 grams of more or cocaine, in violation of 21 U.S.C. §§ 841 (a)(1), …

Elliott v. U.S., No. 02-4755 (4th Cir.) (332 F.3d 753) (June 18, 2003) (Judge Robert Bruce King)

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

Filed under: Punch And Jurists, Family Circumstances

Elliott v. U.S., No. 02-4755 (4th Cir.) (332 F.3d 753) (June 18, 2003) (Judge Robert Bruce King) by Here the Court reversed a downward departure of four levels based on family responsibilities that was granted to a defendant who was convicted of multiple counts of making false statements to a …

U.S. v. Camejo, No. 01-1572 (6th Cir.) (333 F.3d 669) (June 26, 2003) (Judge Joseph M. Hood)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Camejo, No. 01-1572 (6th Cir.) (333 F.3d 669) (June 26, 2003) (Judge Joseph M. Hood) by Here the Court held that the district court had erred in concluding that it was without authority to grant the defendant credit for a two-year, pre-offense incarceration as an immigration “hold,” since …

U.S. v. Villalobos, No. 01-30066 (9th Cir.) (333 F.3d 1070) (June 27, 2003) (Judge James R. Browning)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Villalobos, No. 01-30066 (9th Cir.) (333 F.3d 1070) (June 27, 2003) (Judge James R. Browning) by Here the Court held that the district court had erred in not permitting the defendant to withdraw his guilty plea on the grounds that it was not knowing, intelligent or voluntary because …

Wiggins v.Smith, No. 02-311 (U.S. Supreme Court) (539 U.S. 510; 123 S.Ct. 2527) (June 26, 2003) (Justice O'Connor)

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

Filed under: Punch And Jurists, Failure to Consult/Investigate/Raise

Wiggins v.Smith, No. 02-311 (U.S. Supreme Court) (539 U.S. 510; 123 S.Ct. 2527) (June 26, 2003) (Justice O'Connor) by The petitioner in this case, Kevin Wiggins, who was once diagnosed as “borderline mentally retarded,” was convicted in 1989 of the murder of a 77 year-old woman who was found drowned …

U.S. v. Chen, No. 02 CR. 1039(SAS) (S.D.N.Y.) (257 F.Supp.2d 656) (March 28, 2003) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists

U.S. v. Chen, No. 02 CR. 1039(SAS) (S.D.N.Y.) (257 F.Supp.2d 656) (March 28, 2003) (Judge Shira A. Scheindlin) by Here the Court held that, notwithstanding the provisions of 18 U.S.C. § 3145 (which it said applies only to the power of appellate courts), a district court may not overturn a …

U.S. v. Serpa, No. Crim.A.02-10118-WGY (D.Mass.) (251 F.Supp.2d 988) (March 12, 2003) (Judge William G. Young)

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

Filed under: Punch And Jurists, Community Confinement/Home Detention

U.S. v. Serpa, No. Crim.A.02-10118-WGY (D.Mass.) (251 F.Supp.2d 988) (March 12, 2003) (Judge William G. Young) by On December 20, 2002, the Bureau of Prisons (BOP) sent a memorandum to all Federal judges in which it announced a “significant procedure change” regarding inmate designations to community correction centers (CCCs) (also …

U.S. v. American Library Ass'n, No. 02-361 (U.S. Supreme Court) (539 U.S. 194; 123 S.Ct. 2297) (June 23, 2003) (Justice Rehnquist)

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

Filed under: Punch And Jurists

U.S. v. American Library Ass'n, No. 02-361 (U.S. Supreme Court) (539 U.S. 194; 123 S.Ct. 2297) (June 23, 2003) (Justice Rehnquist) by Ever since it was enacted by Congress in 2000, various provisions of the Children’s Internet Protection Act (CIPA) (Pub.L.No. 106-554) have been under attack. Among its many provisions, …

Lawrence v. Texas, No. 02-102 (U.S. Supreme Court) (539 U.S. 558; 123 S.Ct. 2472) (June 26, 2003) (Justice Kennedy)

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

Filed under: Punch And Jurists, Constitutional Challenges

Lawrence v. Texas, No. 02-102 (U.S. Supreme Court) (539 U.S. 558; 123 S.Ct. 2472) (June 26, 2003) (Justice Kennedy) by In a sweeping decision that effectively overturns similar criminal anti-sodomy laws in 13 states, the Supreme Court, by a surprising vote of 6 to 3, overturned a Texas "homosexual conduct" …

U.S. v. Moussaoui, No. 03-4162 (4th Cir.) (333 F.3d 509) (June 26, 2003) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Appealable Issues/Orders

U.S. v. Moussaoui, No. 03-4162 (4th Cir.) (333 F.3d 509) (June 26, 2003) (Judge William W. Jr. Wilkins) by Here the Court held that it was without authority to rule on the substantive question of whether it is fundamentally unfair for the Government to institute a criminal prosecution in the …