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City of Houston, Texas v. Hill, No. 86-243 (U.S. Supreme Court) (482 U.S. 451; 107 S.Ct. 2502) (June 15, 1987) (Justice Brennan)
Article • January 6, 2003
Filed under: Punch And Jurists, Fighting Words Doctrine
City of Houston, Texas v. Hill, No. 86-243 (U.S. Supreme Court) (482 U.S. 451; 107 S.Ct. 2502) (June 15, 1987) (Justice Brennan) by Here the court affirmed - but also substantially limited, its "fighting words" doctrine, holding that the First Amendment protects a significant amount of verbal criticism and challenge …
Hewitt v. Helms, No. 81-638 (U.S. Supreme Court) (459 U.S. 460; 103 S.Ct. 864) (February 22, 1983) (Justice Rehnquist)
Article • January 6, 2003
Filed under: Punch And Jurists
Hewitt v. Helms, No. 81-638 (U.S. Supreme Court) (459 U.S. 460; 103 S.Ct. 864) (February 22, 1983) (Justice Rehnquist) by This decision, which was subsequently substantially modified in Sandin v. Conner, 515 US 472 (1995), focused on the language of a particular regulation in determining whether placement in administrative segregation …
U.S. v. Fitz, No. 02-1771 (8th Cir.) (317 F.3d 878) (January 28, 2003) (Judge Gerald W. Heaney)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Conspiracy, Punch And Jurists
U.S. v. Fitz, No. 02-1771 (8th Cir.) (317 F.3d 878) (January 28, 2003) (Judge Gerald W. Heaney) by Here the Court vacated a drug conspiracy conviction due to insufficient evidence in a case where the Government’s evidence was so weak that the Court was forced to conclude that it could …
U.S. v. Wade, No. 01-5210 (6th Cir.) (318 F.3d 698) (February 11, 2003) (Judge Karen Nelson Moore)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists, Mandatory Minimums
U.S. v. Wade, No. 01-5210 (6th Cir.) (318 F.3d 698) (February 11, 2003) (Judge Karen Nelson Moore) by Here the Court held that although the quantity of drugs for which defendant was sentenced had not been proven beyond a reasonable doubt, Apprendi does not apply to mandatory minimums. In this …
Gentry v. Roe, No. 00-55691 (9th Cir.) (320 F.3d 891) (January 28, 2003) (Judge Jerome Farris)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists, Strickland Standard
Gentry v. Roe, No. 00-55691 (9th Cir.) (320 F.3d 891) (January 28, 2003) (Judge Jerome Farris) by The petitioner in this case, Lionel Gentry, was convicted of murder in Califirnia. After his conviction was affirmed by the state courts, he filed for a writ of habeas corpus in the Federal …
U.S. v. Martinez, No. 02-10018-NG (D.Mass.) (234 F.Supp.2d 80) (December 12, 2002) (Judge Nancy Gertner)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Martinez, No. 02-10018-NG (D.Mass.) (234 F.Supp.2d 80) (December 12, 2002) (Judge Nancy Gertner) by The defendant in this case was indicted on five counts involving the illegal distribution of the drug known as ecstasy. The caption of one of those counts described that offense as “distribution resulting in …
U.S. v. Henderson, No. 01-CR-197 (E.D.Wisc.) ( F.Supp.2d ) (February 18, 2003) (Judge Rudolph T. Randa)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists, DNA Evidence/Testing
U.S. v. Henderson, No. 01-CR-197 (E.D.Wisc.) ( F.Supp.2d ) (February 18, 2003) (Judge Rudolph T. Randa) by Here the Court enjoined the Probation Office from attempting to collect DNA samples from a defendant convicted only of bank larceny, holding that the crime was not a qualifying offense under the provisions …
U.S. v. Pabon-Cruz, No. 01 Cr. 1187 (S.D.N.Y.) (255 F.Supp.2d 200) (February 4, 2003) (Judge Gerard E. Lynch)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists, Jury Nullification
U.S. v. Pabon-Cruz, No. 01 Cr. 1187 (S.D.N.Y.) (255 F.Supp.2d 200) (February 4, 2003) (Judge Gerard E. Lynch) by Calling the mish-mash of Federal child pornography laws “overlapping,” “incongruous,” and even “draconian,” Judge Lynch cut through a broad swath is issues and provided a comprehensive review of sex crimes under …
U.S. v. Velasco-Heredia, No. 00-50107 (9th Cir.) (319 F.3d 1080) (January 21, 2003) (Judge Stephen S. Trott)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists, Mandatory Minimums
U.S. v. Velasco-Heredia, No. 00-50107 (9th Cir.) (319 F.3d 1080) (January 21, 2003) (Judge Stephen S. Trott) by Here the Court held that the district court had erred when it determined by a preponderance of the evidence that because the defendant was responsible for more than 50 kilograms of marijuana, …
U.S. v. Worrell, No. 01-4857 (4th Cir.) (313 F.3d 867) (December 17, 2002) (Judge William B. Jr. Traxler)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists, Threats
U.S. v. Worrell, No. 01-4857 (4th Cir.) (313 F.3d 867) (December 17, 2002) (Judge William B. Jr. Traxler) by Here the Court affirmed a six-level enhancement under U.S.S.G. § 2A6.1(b)(1) for conduct evidencing an intent to carry out a threat, based on district court’s determination that the enhancement covers conduct …
U.S. v. Corchado-Peralta, No. 01-2086 (1st Cir.) (318 F.3d 255) (January 29, 2003) (Judge Michael Boudin)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists, Money Laundering/Structuring
U.S. v. Corchado-Peralta, No. 01-2086 (1st Cir.) (318 F.3d 255) (January 29, 2003) (Judge Michael Boudin) by Since the enactment of the Sentencing Reform Act of 1984, we can’t recall a single defendant who experienced a more charmed Federal criminal prosecution than Elena Corchado-Peralta (“Elena”), the defendant in this case. …
Soto-Ramirez v. Ashcroft, No. Civ. No. 1:CV-01-1555 (M.D.Pa.) (228 F.Supp.2d 566) (October 29, 2002) (Judge Christopher C. Conner)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists, Detention - Generally
Soto-Ramirez v. Ashcroft, No. Civ. No. 1:CV-01-1555 (M.D.Pa.) (228 F.Supp.2d 566) (October 29, 2002) (Judge Christopher C. Conner) by Petitioner, a Cuban national, filed a petition for writ of habeas corpus under 28 U.S.C.S. § 2241, arguing that his continued detention while awaiting removal was beyond the statutory authority of …
U.S. v. Rosacker, No. 02-30000 (9th Cir.) (314 F.3d 422) (December 26, 2002) (Judge Thomas G. Nelson)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists, Sufficiency of Evidence
U.S. v. Rosacker, No. 02-30000 (9th Cir.) (314 F.3d 422) (December 26, 2002) (Judge Thomas G. Nelson) by Here the Court blasted the validity of a purchased state forensic lab report used to enhance the defendant’s drug sentence, stating it contained “no reliable evidentiary basis for any of the pivotal …
U.S. v. Rivera-Rodriguez, No. 01-2134 (1st Cir.) (318 F.3d 268) (January 29, 2003) (Judge Michael Boudin)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists, Money Laundering/Structuring
U.S. v. Rivera-Rodriguez, No. 01-2134 (1st Cir.) (318 F.3d 268) (January 29, 2003) (Judge Michael Boudin) by This is the companion case to U.S. v. Corchado-Peralta, No. 01-2086 (1st Cir. 1/29/2003). Here, in addition to affirming two money laundering convictions that it refused to disturb in Corchado-Peralta, the First Circuit …
U.S. v. Meskini, No. 02-1067 (2nd Cir.) (319 F.3d 88) (January 27, 2003) (Judge John M. Jr. Walker)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Terrorism, Punch And Jurists
U.S. v. Meskini, No. 02-1067 (2nd Cir.) (319 F.3d 88) (January 27, 2003) (Judge John M. Jr. Walker) by In the words of the Court, this case “presents an issue of first impression in the federal courts: whether the terrorism guideline, § 3A1.4 of the United States Sentencing Guidelines (the …
U.S. v. Allen, No. 01-2643 (1st Cir.) (312 F.3d 512) (December 10, 2002) (Judge Juan R. Torruella)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists, Special Conditions
U.S. v. Allen, No. 01-2643 (1st Cir.) (312 F.3d 512) (December 10, 2002) (Judge Juan R. Torruella) by A special condition of defendant's supervised release, relating to alcohol, was reasonably related to defendant's history and to goals of supervised release; and a mental healt condition did not involve an impermissible …
U.S. v. Jones, No. CR. 3:02CR227 (E.D.Va.) (232 F.Supp.2d 618) (November 13, 2002) (Judge Robert E. Payne)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists, Corroboration/Corroboration Rule
U.S. v. Jones, No. CR. 3:02CR227 (E.D.Va.) (232 F.Supp.2d 618) (November 13, 2002) (Judge Robert E. Payne) by The defendant in this case, Deborah Jones, an employee of the Richmond Police Department, was arrested for allegedly having taken part in a robbery with her ex-boyfriend. A lawful search incident to …
U.S. v. Hidalgo, No. CR-01-1011-PHX-FJM (D.Ariz.) (229 F.Supp.2d 961) (November 6, 2002) (Judge Frederick J. Martone)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists, Handwriting Analysis and Exemplars
U.S. v. Hidalgo, No. CR-01-1011-PHX-FJM (D.Ariz.) (229 F.Supp.2d 961) (November 6, 2002) (Judge Frederick J. Martone) by This is an important decision regarding the current state of the law regarding the admissibility of evidence regarding handwriting analysis under Rule 702 of the Fed.R.Evid.. In his decision, Judge Martone has presented …
U.S. v. Ballinger, No. 01-14872 (11th Cir.) (312 F.3d 1264) (November 21, 2002) (Judge James C. Hill)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists
U.S. v. Ballinger, No. 01-14872 (11th Cir.) (312 F.3d 1264) (November 21, 2002) (Judge James C. Hill) by The defendant in this case deliberately set fire to five churches in Georgia. One fire resulted in the death of one volunteer firefighter and bodily injury to three other firefighters. He pled …
U.S. v. Evans, No. 02-1806 (8th Cir.) (314 F.3d 329) (December 24, 2002) (Judge James B. Loken)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing
U.S. v. Evans, No. 02-1806 (8th Cir.) (314 F.3d 329) (December 24, 2002) (Judge James B. Loken) by Here the majority held that the imposition of the same 396 month sentence following a successful appeal and resentencing was not a vidictive sentence within the meaning of North Carolina v. Pearce …
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