Search | Punch and Jurists

U.S. v. Mehta, No. CRIM.01-10180-NG (D.Mass.) (236 F.Supp.2d 150) (December 31, 2002) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Mehta, No. CRIM.01-10180-NG (D.Mass.) (236 F.Supp.2d 150) (December 31, 2002) (Judge Nancy Gertner) by The defendant in this case was charged with tax evasion and mail fraud. The indictment alleged that defendant understated his business' gross sales in his tax filings for three years, and in his weekly …

Miller-El v. Cockrell, No. 01-7662 (U.S. Supreme Court) (537 U.S. 322; 123 S.Ct. 1029) (February 25, 2003) (Justice Kennedy)

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

Filed under: Punch And Jurists

Miller-El v. Cockrell, No. 01-7662 (U.S. Supreme Court) (537 U.S. 322; 123 S.Ct. 1029) (February 25, 2003) (Justice Kennedy) by By a vote of 8 to 1, the Supreme Court issued a ruling that is destined to have a far reaching impact on both habeas litigation and on the continuing …

Lockyer v. Andrade, No. 01-1127 (U.S. Supreme Court) (538 U.S. 63; 123 S.Ct. 1166) (March 5, 2003) (Justice O'Connor)

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

Filed under: Punch And Jurists, Disproportionality

Lockyer v. Andrade, No. 01-1127 (U.S. Supreme Court) (538 U.S. 63; 123 S.Ct. 1166) (March 5, 2003) (Justice O'Connor) by Ewing v. California, 538 U.S. 11 (2003) (Justice O’Connor) Lockyer v. Andrade, 539 U.S. 63 (2003) (Justice O’Connor) Both of these cases address the issue of whether lengthy sentences mandated …

Ewing v. California, No. 01-6978 (U.S. Supreme Court) (538 U.S. 11; 123 S.Ct. 1179) (March 5, 2003) (Justice O'Connor)

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

Filed under: Punch And Jurists, Disproportionality

Ewing v. California, No. 01-6978 (U.S. Supreme Court) (538 U.S. 11; 123 S.Ct. 1179) (March 5, 2003) (Justice O'Connor) by Ewing v. California, 539 U.S. 11 (2003) (Justice O’Connor) Lockyer v. Andrade, 539 U.S. 63 (2003) (Justice O’Connor) Both of these cases address the issue of whether lengthy sentences mandated …

Byrd v. Moore, No. 3:03-CV-25 (W.D.N.C.) (252 F.Supp.2d 293) (March 7, 2003) (Judge Graham C. Mullen)

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

Filed under: Punch And Jurists, 10% Limitation

Byrd v. Moore, No. 3:03-CV-25 (W.D.N.C.) (252 F.Supp.2d 293) (March 7, 2003) (Judge Graham C. Mullen) by The retitioners in this case were convicted of fraud and they were originally sentenced to terms of imprisonment "with work release." After they commenced service of those sentences, the Bureau of Prisons announced …

Handschu v. Special Services Division, No. 71 Civ. 2203 (S.D.N.Y.) (288 F.Supp.2d 404) (March 12, 2003) (Judge Charles S. Jr. Haight)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Handschu v. Special Services Division, No. 71 Civ. 2203 (S.D.N.Y.) (288 F.Supp.2d 404) (March 12, 2003) (Judge Charles S. Jr. Haight) by Defendant New York City, New York, Police Department (NYPD) submitted for review its final proposed draft of guidelines to be included in the NYPD's patrol guide. Plaintiff class …

Padilla ex rel. Newman v. Rumsfeld, No. 02 Civ. 4445 (MBM) (S.D.N.Y.) (243 F.Supp.2d 42) (March 11, 2003) (Judge Michael B. Mukasey)

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

Filed under: Punch And Jurists

Padilla ex rel. Newman v. Rumsfeld, No. 02 Civ. 4445 (MBM) (S.D.N.Y.) (243 F.Supp.2d 42) (March 11, 2003) (Judge Michael B. Mukasey) by

Whitley v. Senkowski, No. 02-2444 (2nd Cir.) (317 F.3d 223) (January 17, 2003) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists

Whitley v. Senkowski, No. 02-2444 (2nd Cir.) (317 F.3d 223) (January 17, 2003) (Judge Guido Calabresi) by In this case, the petitioner, a New York state prisoner, petitioned for a writ of habeas corpus in the United States District Court for the Southern District of New York. Among the claims …

Taylor v. Gilkey, No. 02-3344 (7th Cir.) (314 F.3d 832) (November 6, 2002) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists

Taylor v. Gilkey, No. 02-3344 (7th Cir.) (314 F.3d 832) (November 6, 2002) (Judge Frank H. Easterbrook) by Here the Court held that the limitation contained in 28 USC § 2244(b)(1) - which bars presentation of claims in a second habeas application that were presented in a prior application - …

U.S. v. Banuelos, No. 01-50051 (9th Cir.) (322 F.3d 700) (March 10, 2003) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists, Reasonable Foreseeability

U.S. v. Banuelos, No. 01-50051 (9th Cir.) (322 F.3d 700) (March 10, 2003) (Judge Raymond C. Fisher) by Where a drug quantity finding as to reasonable foreseeability or scope of a conspiracy exposes a conspirator to a higher statutory maximum than he otherwise would face, that finding must be made …

Davis v. Kelly, No. 01-2067 (2nd Cir.) (316 F.3d 125) (January 7, 2003) (Per Curiam)

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

Filed under: Punch And Jurists

Davis v. Kelly, No. 01-2067 (2nd Cir.) (316 F.3d 125) (January 7, 2003) (Per Curiam) by The petitioner was indicted on a charge of murdering his wife. His first trial began on Sept. 18, 1987 and ended in a mistrial. Due to a series of delays, petitioner was not retried …

Clay v. U.S., No. 01-1500 (U.S. Supreme Court) (537 U.S. 522; 123 S.Ct. 1072) (March 4, 2003) (Justice Ginsburg)

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

Filed under: Punch And Jurists

Clay v. U.S., No. 01-1500 (U.S. Supreme Court) (537 U.S. 522; 123 S.Ct. 1072) (March 4, 2003) (Justice Ginsburg) by Here the Court clarified the starting date for the one-year limitation period governing habeas petitions filed by state and federal prisoners under 28 U.S.C. § 2254 and 2255, effectively holding …

U.S. v. Thomas, No. 00-1593(L) (2nd Cir.) (320 F.3d 315) (February 19, 2003) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Batson Claims

U.S. v. Thomas, No. 00-1593(L) (2nd Cir.) (320 F.3d 315) (February 19, 2003) (Judge Dennis G. Jacobs) by In Batson v. Kentucky, 476 U.S. 79 (1986), the Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment forbids a prosecutor from using peremptory challenges to exclude African-Americans from …

First Defense Legal Aid v. City of Chicago, No. 02-3376 (7th Cir.) (319 F.3d 967) (February 19, 2003) (Judge Frank H. Easterbrook)

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

Filed under: First Amendment, Punch And Jurists

First Defense Legal Aid v. City of Chicago, No. 02-3376 (7th Cir.) (319 F.3d 967) (February 19, 2003) (Judge Frank H. Easterbrook) by In December, we noted the predecessor decision in this case, which was reported at 225 F.Supp.2d 870 (N.D.Ill. 2002) (P&J, 12/16/02) (“Legal Aid I”). In that case, …

U.S. v. Goodwin, No. 01-3070 (D.C. Cir.) (317 F.3d 293) (January 31, 2003) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Entrapment

U.S. v. Goodwin, No. 01-3070 (D.C. Cir.) (317 F.3d 293) (January 31, 2003) (Judge Stephen F. Williams) by Interpreting Application Note 14 to U.S.S.G. § 2D1.1, the Court held that when a defendant seeks a downward departure in a reverse sting operation based on claim that Government agents set an …

U.S. v. Crawford, No. 01-50633 (9th Cir.) (323 F.3d 700) (March 5, 2003) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Crawford, No. 01-50633 (9th Cir.) (323 F.3d 700) (March 5, 2003) (Judge Stephen Reinhardt) by The gloves really came off in this case as judges with dramatically different political and philosophical views battled over whether parolees have any rights under the Fourth Amendment to object to suspicionless searches …

Ashkenazi v. Atty. General of the U.S., No. Civ. No. 03-062(GK) (D.D.C.) (246 F.Supp.2d 1) (February 24, 2003) (Judge Gladys Kessler)

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

Filed under: Punch And Jurists, 10% Limitation

Ashkenazi v. Atty. General of the U.S., No. Civ. No. 03-062(GK) (D.D.C.) (246 F.Supp.2d 1) (February 24, 2003) (Judge Gladys Kessler) by Here the Court granted the plaintiff’s motion for a preliminary injunction against the BOP, barring his re-designation to a prison camp from a halfway house pursuant to a …

Howard v. Ashcroft, No. Civ. 03-123-D-M3 (M.D.La.) (248 F.Supp.2d 518) (February 27, 2003) (Judge James J. Brady)

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

Filed under: Punch And Jurists, 10% Limitation

Howard v. Ashcroft, No. Civ. 03-123-D-M3 (M.D.La.) (248 F.Supp.2d 518) (February 27, 2003) (Judge James J. Brady) by The petitioner, an inmate assigned to a community confinement center or halfway house (CCC), brought an action seeking to prevent the BOP from reassigning her - based on a new and retroactive …

American Civil Liberties Union v. Ashcroft, No. 99-1324 (3rd Cir.) (322 F.3d 240) (March 6, 2003) (Judge Leonard I. Garth)

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

Filed under: Punch And Jurists, Child Online Protection Act (COPA)

American Civil Liberties Union v. Ashcroft, No. 99-1324 (3rd Cir.) (322 F.3d 240) (March 6, 2003) (Judge Leonard I. Garth) by Here on remand the Third Circuit has again held that critical provisions of the Child Online Protection Act (COPA) are unconstitutional because they are not sufficiently narrowly tailored to …

Handschu v. Special Services Division, No. 71 Civ. 2203 (CSH) (S.D.N.Y.) (273 F.Supp.2d 327) (February 11, 2003) (Judge Charles S. Jr. Haight)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Handschu v. Special Services Division, No. 71 Civ. 2203 (CSH) (S.D.N.Y.) (273 F.Supp.2d 327) (February 11, 2003) (Judge Charles S. Jr. Haight) by Defendants, successor officials in charge of the New York City Police Department (NYPD), represented by the Corporation Counsel of the City of New York ("Corporation Counsel"), move …