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Brown v. Legal Foundation of Washington, No. 01-1325 (U.S. Supreme Court) (538 U.S. 216; 123 S.Ct. 1406) (March 26, 2003) (Justice Stevens)
Article • March 27, 2003
Filed under: Punch And Jurists, Takings Clause
Brown v. Legal Foundation of Washington, No. 01-1325 (U.S. Supreme Court) (538 U.S. 216; 123 S.Ct. 1406) (March 26, 2003) (Justice Stevens) by Here, by a 5 to 4 vote, the Court affirmed a Ninth Circuit en banc decision which held that an assessment program on interest generated by lawyers' …
Hickman v. Taylor, No. 47 (U.S. Supreme Court) (329 U.S. 495; 67 S.Ct. 385) (January 13, 2047) (Justice Murphy)
Article • March 22, 2003
Filed under: Punch And Jurists, Attorney/Client
Hickman v. Taylor, No. 47 (U.S. Supreme Court) (329 U.S. 495; 67 S.Ct. 385) (January 13, 2047) (Justice Murphy) by Here the Court held that a communication between an attorney and a third party does not become shielded by the attorney-client privilege solely because the communication proves important to the …
Hutto v. Davis, No. 81-23 (U.S. Supreme Court) (454 U.S. 370; 102 S.Ct. 703) (January 11, 1982) (Per Curiam)
Article • March 16, 2003
Filed under: Punch And Jurists, Disproportionality
Hutto v. Davis, No. 81-23 (U.S. Supreme Court) (454 U.S. 370; 102 S.Ct. 703) (January 11, 1982) (Per Curiam) by In this case, the defendant was sentenced to two consecutive terms of 20 years in prison for possession with intent to distribute nine ounces of marijuana and distribution of marijuana. …
Kennedy v. Mendoza-Martinez, No. 2 (U.S. Supreme Court) (372 U.S. 144; 83 S.Ct. 554) (February 18, 2063) (Justice Goldberg)
Article • March 12, 2003
Filed under: Punch And Jurists, Punishment
Kennedy v. Mendoza-Martinez, No. 2 (U.S. Supreme Court) (372 U.S. 144; 83 S.Ct. 554) (February 18, 2063) (Justice Goldberg) by In these two consolidated cases, the United States appealed from orders of the United States District Court for the District of Columbia and the Southern District of California (in decisions …
Franks v. Delaware, No. 77-5176 (U.S. Supreme Court) (438 U.S. 154; 98 S.Ct. 2674) (June 26, 1978) (Justice Blackmun)
Article • March 11, 2003
Filed under: Punch And Jurists, Franks Hearing
Franks v. Delaware, No. 77-5176 (U.S. Supreme Court) (438 U.S. 154; 98 S.Ct. 2674) (June 26, 1978) (Justice Blackmun) by Here the Court held that evidence seized pursuant to a search warrant based on materially false and misleading information is not admissible absent a hearing (a "Franks hearing") to determine …
Haley v. Ohio, No. 51 (U.S. Supreme Court) (332 U.S. 596; 68 S.Ct. 302) (January 12, 2048) (Justice Douglas)
Article • March 9, 2003
Filed under: Punch And Jurists, Custodial Interrogations/Statements
Haley v. Ohio, No. 51 (U.S. Supreme Court) (332 U.S. 596; 68 S.Ct. 302) (January 12, 2048) (Justice Douglas) by Here the Court held that juvenile defendants are generally more susceptible to police coercion than adults;and as such due process requires that juvenile status be taken into account when determining …
U.S. v. Valenzuela-Bernal, No. 81-450 (U.S. Supreme Court) (458 U.S. 858; 102 S.Ct. 3440) (July 2, 1982) (Justice Rehnquist)
Article • March 4, 2003
Filed under: Punch And Jurists
U.S. v. Valenzuela-Bernal, No. 81-450 (U.S. Supreme Court) (458 U.S. 858; 102 S.Ct. 3440) (July 2, 1982) (Justice Rehnquist) by The defendant in this case was indicted on charges of illegally importing aliens into the United States. Following their arrest, respondent and the other passengers were interviewed by criminal investigators. …
Washington v. Texas, No. 649 (U.S. Supreme Court) (388 U.S. 14; 87 S.Ct. 1920) (June 12, 2067) (Justice Warren)
Article • March 4, 2003
Filed under: Punch And Jurists, Informants and Paid Witnesses
Washington v. Texas, No. 649 (U.S. Supreme Court) (388 U.S. 14; 87 S.Ct. 1920) (June 12, 2067) (Justice Warren) by Court was critical of the reliability of accused accomplices, arguing that they often have an even greater incentive to lie in favor of the prosecution than against it. The case …
U.S. v. Esterman, No. 01-2594 (7th Cir.) (324 F.3d 565) (April 2, 2003) (Judge Diane P. Wood)
Article • March 1, 2003 • from P&J March, 2003
Filed under: Punch And Jurists
U.S. v. Esterman, No. 01-2594 (7th Cir.) (324 F.3d 565) (April 2, 2003) (Judge Diane P. Wood) by The defendant in this case. Gary Esterman, stole money from his Russian business partner by taking funds from a joint business bank account and transferring them, in at least 33 separate transactions …
U.S. v. Thomas, No. 02-1487 (7th Cir.) (321 F.3d 627) (February 25, 2003) (Judge Ann Claire Williams)
Article • March 1, 2003 • from P&J March, 2003
Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence
U.S. v. Thomas, No. 02-1487 (7th Cir.) (321 F.3d 627) (February 25, 2003) (Judge Ann Claire Williams) by This is an interesting case involving the reversal of convictions based on the improper admission of tattoo evidence and evidence of prior convictions at a trial for unlawful possession of firearms by …
Berkey v. U.S., No. 01-4325 (7th Cir.) (318 F.3d 768) (February 10, 2003) (Judge William J. Bauer)
Article • March 1, 2003 • from P&J March, 2003
Filed under: Punch And Jurists, Strickland Standard
Berkey v. U.S., No. 01-4325 (7th Cir.) (318 F.3d 768) (February 10, 2003) (Judge William J. Bauer) by On the positive side of this case, the petitioner, Theodore Berkey, will at least have a few small consolations to muse about as he spends the next 30 years of his life …
U.S. v. Santosdedios, No. CR. 02-2812M (D.Md.) (240 F.Supp.2d 414) (December 31, 2002) (Judge Magistrate)
Article • March 1, 2003 • from P&J March, 2003
Filed under: Punch And Jurists, Civil Settlement - Effect of
U.S. v. Santosdedios, No. CR. 02-2812M (D.Md.) (240 F.Supp.2d 414) (December 31, 2002) (Judge Magistrate) by Here the Court declined to dismiss, on double jeopardy grounds, a criminal prosecution against a defendant for stealing two tubes if lipstick with a value of $7.28, after she had already paid substantial civil …
In Re Boston Herald, Inc., No. 02-2340 (1st Cir.) (321 F.3d 174) (February 25, 2003) (Judge Sandra L. Lynch)
Article • March 1, 2003 • from P&J March, 2003
Filed under: Punch And Jurists
In Re Boston Herald, Inc., No. 02-2340 (1st Cir.) (321 F.3d 174) (February 25, 2003) (Judge Sandra L. Lynch) by The appellant newspaper challenged the judgment of the United States District Court for the District of Massachusetts which denied its request to unseal the financial documents of the appellee criminal …
U.S. v. $242,484.00, No. 01-16485 (11th Cir.) (318 F.3d 1240) (January 22, 2003) (Judge James Larry Edmondson)
Article • March 1, 2003 • from P&J March, 2003
Filed under: Punch And Jurists, Sufficiency of Evidence
U.S. v. $242,484.00, No. 01-16485 (11th Cir.) (318 F.3d 1240) (January 22, 2003) (Judge James Larry Edmondson) by Despite a lot of suspicious evidence and unanswered questions by the claimant about the source of funds that had been seized, the Court reversed a forfeiture order under 21 USC § 881(a)(6) …
U.S. v. Tyson, No. 02-X-73808 (E.D.Mich.) (242 F.Supp.2d 469) (January 14, 2003) (Judge Magistrate)
Article • March 1, 2003 • from P&J March, 2003
Filed under: Punch And Jurists, Liens, Garnishments, Etc.
U.S. v. Tyson, No. 02-X-73808 (E.D.Mich.) (242 F.Supp.2d 469) (January 14, 2003) (Judge Magistrate) by There are a number of Federal statutes which are specifically designed to protect pension and retirement benefits from invasion (through remedies such as garnishments and attachments) - even where the pensioner himself has committed some …
Pizzuto v. County of Nassau, No. CV 00-0148 (NGG) (E.D.N.Y.) (239 F.Supp.2d 301) (January 16, 2003) (Judge Nicholas G. Garaufis)
Article • March 1, 2003 • from P&J March, 2003
Filed under: Excessive Force, Punch And Jurists
Pizzuto v. County of Nassau, No. CV 00-0148 (NGG) (E.D.N.Y.) (239 F.Supp.2d 301) (January 16, 2003) (Judge Nicholas G. Garaufis) by Plaintiff family members brought a 42 U.S.C. § 1983 action against defendants, a county, and corrections officers, alleging their liability under federal and state law for the decedent's murder …
U.S. v. Parker, No. 00-00160-01 (W.D.Mo.) (238 F.Supp.2d 1113) (December 30, 2002) (Judge Howard F. Sachs)
Article • March 1, 2003 • from P&J March, 2003
Filed under: Punch And Jurists, Loss - Calculation/Determination of
U.S. v. Parker, No. 00-00160-01 (W.D.Mo.) (238 F.Supp.2d 1113) (December 30, 2002) (Judge Howard F. Sachs) by Here the Court held that a probation department loss calculation made by a competent layman with some "street smarts" about economic issues was not usable for sentencing purposes in this mail fraud case …
Kimberlin v. U.S. Dept. of Justice, No. 01-5387 (D.C. Cir.) (318 F.3d 228) (February 11, 2003) (Per Curiam)
Article • March 1, 2003 • from P&J March, 2003
Filed under: Punch And Jurists, Zimmer Amendment
Kimberlin v. U.S. Dept. of Justice, No. 01-5387 (D.C. Cir.) (318 F.3d 228) (February 11, 2003) (Per Curiam) by On March 20, 2003, United States Senator John Ensign (R-NV) introduced the latest version of prisoner-bashing legislation to the U.S. Senate - namely the “Mandatory Prisoner Work and Drug Testing Act …
Borrero v. Aljets, No. 02-1506 (8th Cir.) (325 F.3d 1003) (April 15, 2003) (Judge Roger L. Wollman)
Article • March 1, 2003 • from P&J March, 2003
Filed under: Punch And Jurists, Detention - Generally
Borrero v. Aljets, No. 02-1506 (8th Cir.) (325 F.3d 1003) (April 15, 2003) (Judge Roger L. Wollman) by Here a sharply divided Court held that the indefinite detention of inadmissible aliens do not raise the same constitutional concerns as does the detention of admitted aliens so that 8 USC § …
Rosales-Garcia v. Holland, No. 99-5683 (6th Cir.) (322 F.3d 386) (March 5, 2003) (Judge Karen Nelson Moore)
Article • March 1, 2003 • from P&J March, 2003
Filed under: Punch And Jurists, Detention - Generally
Rosales-Garcia v. Holland, No. 99-5683 (6th Cir.) (322 F.3d 386) (March 5, 2003) (Judge Karen Nelson Moore) by Rosales-Garcia v. Holland, 322 F.3d 386 (6th Cir. 2003) (Judge Moore) (En banc) Borrero v. Aljets, 325 F.3d 1003 (8th Cir. 2003) (Judge Wollman) These two decisions present polar-opposite views of whether …
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