Search | Punch and Jurists

Virginia v. Black, No. 01-1107 (U.S. Supreme Court) (538 U.S. 343; 123 S.Ct. 1536) (April 7, 2003) (Justice O'Connor)

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

Filed under: First Amendment, Punch And Jurists

Virginia v. Black, No. 01-1107 (U.S. Supreme Court) (538 U.S. 343; 123 S.Ct. 1536) (April 7, 2003) (Justice O'Connor) by In this case, the Supreme Court addressed the emotionally-charged topic of cross burning - a tactic long used by the Ku Klux Klan (KKK) and one which Justice Thomas described …

U.S. v. Hammond, No. 01-CR-108 (E.D.Wisc.) (240 F.Supp.2d 872) (January 7, 2003) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Hammond, No. 01-CR-108 (E.D.Wisc.) (240 F.Supp.2d 872) (January 7, 2003) (Judge Lynn S. Adelman) by Here the Court reduced the defendant's criminal history category by one level after finding that his past convictions (two of which were more than 20 years old and were for relatively minor crimes) …

U.S. v. Prince-Oyibo, No. 02-4104 (4th Cir.) (320 F.3d 494) (February 27, 2003) (Judge Robert Bruce King)

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

Filed under: Punch And Jurists, Polygraph Evidence/Testing

U.S. v. Prince-Oyibo, No. 02-4104 (4th Cir.) (320 F.3d 494) (February 27, 2003) (Judge Robert Bruce King) by In this case, a divided panel from the Fourth Circuit debated the continuing validity of that Circuit’s long-standing per se rule banning the admission of polygraph evidence to bolster or undermine credibility. …

So v. Reno, No. 00 CV 6964(JBW) (E.D.N.Y.) (241 F.Supp.2d 227) (January 23, 2003) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Jurisdiction

So v. Reno, No. 00 CV 6964(JBW) (E.D.N.Y.) (241 F.Supp.2d 227) (January 23, 2003) (Judge Jack B. Weinstein) by On remand from the Second Circuit Court of Appeals, the district court was ordered to clarify the basis for its ruling in light of specific case law. The action was brought …

Wilson v. Terhune, No. 01-17448 (9th Cir.) (319 F.3d 477) (February 6, 2003) (Judge A. Wallace Tashima)

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

Filed under: Mootness, Punch And Jurists

Wilson v. Terhune, No. 01-17448 (9th Cir.) (319 F.3d 477) (February 6, 2003) (Judge A. Wallace Tashima) by A state prisoner’s habeas petition seeking relief from disciplinary punishment was held properly dismissed on the grounds of mootness because by the time the inmate had exhausted his administrative remedies, the punishment …

U.S. v. Nelson-Rodriguez, No. 00-1422 (1st Cir.) (319 F.3d 12) (February 7, 2003) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Nelson-Rodriguez, No. 00-1422 (1st Cir.) (319 F.3d 12) (February 7, 2003) (Judge Sandra L. Lynch) by Among the many issues raised in this lengthy drug conspiracy appeal, the Court addressed a claim made by Luis Caribe, one of the nine defendants whose appeals were consolidated in this case. …

Woodford v. Garceau, No. 01-1862 (U.S. Supreme Court) (538 U.S. 202; 123 S.Ct. 1398) (March 25, 2003) (Justice Thomas)

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

Filed under: Punch And Jurists

Woodford v. Garceau, No. 01-1862 (U.S. Supreme Court) (538 U.S. 202; 123 S.Ct. 1398) (March 25, 2003) (Justice Thomas) by In a decision that will impact few appeals, the Court debated when a habeas appeal is deemed "pending," and then the majority held only death row inmates who had filed …

U.S. v. Torres, No. 02-11082 (11th Cir.) (318 F.3d 1058) (January 17, 2003) (Judge Charles R. Wilson)

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

Filed under: Punch And Jurists, Tolling of Statutes of Limitations and Laches

U.S. v. Torres, No. 02-11082 (11th Cir.) (318 F.3d 1058) (January 17, 2003) (Judge Charles R. Wilson) by An initial response from foreigh authority, which inadvertently omitted several documents within the subject matter if the Government's request for evidence, did not constitute a "final action" for purposes of tolling the …

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, Elements of Offense

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 …

Ganwich v. Knapp, No. 01-35677 (9th Cir.) (319 F.3d 1115) (February 11, 2003) (Judge Ronald M. Gould)

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

Filed under: Punch And Jurists, Detention - Generally

Ganwich v. Knapp, No. 01-35677 (9th Cir.) (319 F.3d 1115) (February 11, 2003) (Judge Ronald M. Gould) by Here the Court held that law enforcement officers, investigating charges of criminal fraud by a corporation, violated the Fourth Amendment rights of the employees of that corporation by detaining them incommunicado, without …

U.S. v. Goba, No. 02-CR-214S (W.D.N.Y.) (240 F.Supp.2d 242) (January 16, 2003) (Judge William M. Skretny)

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

Filed under: Punch And Jurists, Bail/Pretrial Release

U.S. v. Goba, No. 02-CR-214S (W.D.N.Y.) (240 F.Supp.2d 242) (January 16, 2003) (Judge William M. Skretny) by

U.S. v. Goines, No. 01-7500 (4th Cir.) (357 F.3d 469) (January 28, 2004) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Goines, No. 01-7500 (4th Cir.) (357 F.3d 469) (January 28, 2004) (Judge William W. Jr. Wilkins) by The defendant was charged with being an unlawful drug user in possession of a firearm, in violation of 18 U.S.C. § 922(g)(3), and carrying a firearm during a drug trafficking crime, …

U.S. v. Chandler, No. 01-2572 (3rd Cir.) (326 F.3d 210) (April 14, 2003) (Judge Louis H. Pollak)

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

Filed under: Punch And Jurists

U.S. v. Chandler, No. 01-2572 (3rd Cir.) (326 F.3d 210) (April 14, 2003) (Judge Louis H. Pollak) by Here the Court held that certain constraints imposed on the cross-examination of two government witnesses about the sentences they might have received unduly restricted a drug-distribution conspiracy defendant's ability to defend herself …

U.S. v. Hatcher, No. 02-1308WM (8th Cir.) (323 F.3d 666) (March 24, 2003) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Attorney/Client

U.S. v. Hatcher, No. 02-1308WM (8th Cir.) (323 F.3d 666) (March 24, 2003) (Judge Richard S. Arnold) by Here the Court held that the district court had erred when it denied a defense motion to compel the BOP to produce tapes of some recorded conversations between cooperating co-conspirators and their …

U.S. v. Dotson, No. 02-4208 (4th Cir.) (324 F.3d 256) (March 28, 2003) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Dotson, No. 02-4208 (4th Cir.) (324 F.3d 256) (March 28, 2003) (Judge William B. Jr. Traxler) by In one sense, this is just another case about the broad range of “special conditions” of supervised release that are rapidly becoming “standard conditions” at sentencing. In another sense, the case …

Herrero-Rodriguez v. Bailey, No. Civ. No. 01-4472 (JBS) (D.N.J.) (237 F.Supp.2d 543) (December 18, 2002) (Judge Jerome B. Simandle)

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

Filed under: Punch And Jurists, Detention - Generally

Herrero-Rodriguez v. Bailey, No. Civ. No. 01-4472 (JBS) (D.N.J.) (237 F.Supp.2d 543) (December 18, 2002) (Judge Jerome B. Simandle) by Petitioner sought habeas corpus relief pursuant to 28 U.S.C. § 2241, claiming that the United States Supreme Court's decision in Zadvydas v. Davis, 533 U.S. 678 (2001) should be extended …

U.S. v. Ridgeway, No. 02-11751 (11th Cir.) (319 F.3d 1313) (January 31, 2003) (Per Curiam)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Ridgeway, No. 02-11751 (11th Cir.) (319 F.3d 1313) (January 31, 2003) (Per Curiam) by Here the Court held that a special condition of supervised release requiring the defendant to “refrain from conduct or activities which would give reasonable cause to believe [that he has] violated any criminal law” …

U.S. v. Garcia, No. 02-50069 (9th Cir.) (323 F.3d 1161) (March 25, 2003) (Judge David C. Bury)

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

Filed under: Punch And Jurists

U.S. v. Garcia, No. 02-50069 (9th Cir.) (323 F.3d 1161) (March 25, 2003) (Judge David C. Bury) by Here the Court held that the sentencing ranges set forth in Chapter 7 of the Guidelines (dealing with violations of probation and supervised release) are advisory only, and thus not binding on …

U.S. v. Guzman, No. 02-3070 (10th Cir.) (318 F.3d 1191) (February 10, 2003) (Judge Louis F. Oberdorfer)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Guzman, No. 02-3070 (10th Cir.) (318 F.3d 1191) (February 10, 2003) (Judge Louis F. Oberdorfer) by

U.S. v. Rosario, No. 99 CR 608 RR (E.D.N.Y.) (237 F.Supp.2d 242) (November 8, 2002) (Judge Reena Raggi)

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

Filed under: Punch And Jurists

U.S. v. Rosario, No. 99 CR 608 RR (E.D.N.Y.) (237 F.Supp.2d 242) (November 8, 2002) (Judge Reena Raggi) by