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Coolidge v. New Hampshire, No. 323 (U.S. Supreme Court) (403 U.S. 443; 91 S.Ct. 2022) (June 21, 1971) (Justice Stewart)
Article • December 29, 2002
Filed under: Punch And Jurists, Searches - Plain View
Coolidge v. New Hampshire, No. 323 (U.S. Supreme Court) (403 U.S. 443; 91 S.Ct. 2022) (June 21, 1971) (Justice Stewart) by The petitioner in this case, Edward Coolidge, appealed the judgment of the lower court affirming the admittance of certain evidence against him at trial, causing him to be sentenced …
Woodson v. North Carolina, No. 75-5491 (U.S. Supreme Court) (428 U.S. 280; 96 S.Ct. 2978) (July 2, 1976) (Justice Stewart)
Article • December 29, 2002
Filed under: Punch And Jurists, Cruel and Unusual Punishment
Woodson v. North Carolina, No. 75-5491 (U.S. Supreme Court) (428 U.S. 280; 96 S.Ct. 2978) (July 2, 1976) (Justice Stewart) by In this case, decided on the same day as Gregg v. Georgia, 428 U.S. 153 (1976), the Court struck down a North Carolina death penalty statute which mandated imposition …
Cole v. Arkansas, No. 373 (U.S. Supreme Court) (333 U.S. 196; 68 S.Ct. 514) (March 8, 2048) (Justice Black)
Article • December 29, 2002
Filed under: Punch And Jurists
Cole v. Arkansas, No. 373 (U.S. Supreme Court) (333 U.S. 196; 68 S.Ct. 514) (March 8, 2048) (Justice Black) by In this case the petitioners were convicted at trial of one offense but their convictions were affirmed by the Supreme Court of Arkansas on the basis of evidence in the …
Chaplinsky v. New Hampshire, No. 255 (U.S. Supreme Court) (315 U.S. 568; 62 S.Ct. 766) (March 9, 2042) (Justice Murphy)
Article • December 27, 2002
Filed under: Punch And Jurists, Fighting Words Doctrine
Chaplinsky v. New Hampshire, No. 255 (U.S. Supreme Court) (315 U.S. 568; 62 S.Ct. 766) (March 9, 2042) (Justice Murphy) by In this case, the Supreme Court affirmed the conviction of an individual held to have violated a New Hampshire law by addressing the following words to a public official …
Arizona v. Hicks, No. 85-1027 (U.S. Supreme Court) (480 U.S. 321; 107 S.Ct. 1149) (March 3, 1987) (Justice Scalia)
Article • December 27, 2002
Filed under: Punch And Jurists, Searches - Plain View
Arizona v. Hicks, No. 85-1027 (U.S. Supreme Court) (480 U.S. 321; 107 S.Ct. 1149) (March 3, 1987) (Justice Scalia) by The facts of this case were as follows: After a bullet was fired through the floor of the defendant's apartment into the apartment below, police officers entered defendant's apartment (without …
Kumho Tire Co. v. Carmichael, No. 97-1709 (U.S. Supreme Court) (526 U.S. 137; 119 S.Ct. 1167) (March 23, 1999) (Justice Breyer)
Article • December 19, 2002
Filed under: Punch And Jurists, Daubert Standards
Kumho Tire Co. v. Carmichael, No. 97-1709 (U.S. Supreme Court) (526 U.S. 137; 119 S.Ct. 1167) (March 23, 1999) (Justice Breyer) by This case involved a lawsuit brought by a family whose Ford minivan was involved in a single-car accident in which several people were injured and one was killed. …
Wade v. U.S., No. 91-5771 (U.S. Supreme Court) (504 U.S. 181; 112 S.Ct. 1840) (May 18, 1992) (Justice Souter)
Article • December 17, 2002
Filed under: Punch And Jurists, Refusal to file motion
Wade v. U.S., No. 91-5771 (U.S. Supreme Court) (504 U.S. 181; 112 S.Ct. 1840) (May 18, 1992) (Justice Souter) by Case limited review of decisions not to file a motion under USSG § 5K1 to instances where there is some unconstitutional motive or where the decision is not "rationally related …
Specht v. Patterson, No. 831 (U.S. Supreme Court) (386 U.S. 605; 87 S.Ct. 1209) (April 11, 2067) (Justice Douglas)
Article • December 16, 2002
Filed under: Punch And Jurists, Confrontation Clause/Rights
Specht v. Patterson, No. 831 (U.S. Supreme Court) (386 U.S. 605; 87 S.Ct. 1209) (April 11, 2067) (Justice Douglas) by In a decision that some commentators have said was a precursor to Apprendi v. New Jersey, the Court held that the Confrontation Clause applies during those portions of a sentencing …
Steagold v. U.S., No. 79-6777 (U.S. Supreme Court) (451 U.S. 204; 101 S.Ct. 1642) (April 21, 1981) (Justice Marshall)
Article • December 12, 2002
Filed under: Punch And Jurists, Searches - Incident to Arrest
Steagold v. U.S., No. 79-6777 (U.S. Supreme Court) (451 U.S. 204; 101 S.Ct. 1642) (April 21, 1981) (Justice Marshall) by In this case, police officers entered Steagald's residence without a search warrant, consent, or exigent circumstances to serve an arrest warrant on Ricky Lyons. Lyons was not in Steagald's residence. …
Maryland v. Craig, No. 89-478 (U.S. Supreme Court) (497 U.S. 836; 110 S.Ct. 3157) (June 27, 1990) (Justice O'Connor)
Article • December 7, 2002
Filed under: Punch And Jurists, Video/Closed Circuit TV Testimony
Maryland v. Craig, No. 89-478 (U.S. Supreme Court) (497 U.S. 836; 110 S.Ct. 3157) (June 27, 1990) (Justice O'Connor) by The issue before the Court in this case was whether the Confrontation Clause of the Sixth Amendment categorically prohibits a child witness in a child abuse case from testifying against …
Roberts v. United States Jaycees, No. 83-724 (U.S. Supreme Court) (468 U.S. 609; 104 S.Ct. 3244) (July 3, 1984) (Justice Brennan)
Article • December 6, 2002
Filed under: Punch And Jurists, Association - Right of
Roberts v. United States Jaycees, No. 83-724 (U.S. Supreme Court) (468 U.S. 609; 104 S.Ct. 3244) (July 3, 1984) (Justice Brennan) by In this case, the Supreme Court addressed the right to association in two forms: freedom of expressive association and freedom of intimate association. First, the Court identified "a …
Ornelas v. U.S., No. 95-5257 (U.S. Supreme Court) (517 U.S. 690; 116 S.Ct. 1657) (May 28, 1996) (Justice Rehnquist)
Article • December 3, 2002
Filed under: Punch And Jurists, Probable/Proximate Cause
Ornelas v. U.S., No. 95-5257 (U.S. Supreme Court) (517 U.S. 690; 116 S.Ct. 1657) (May 28, 1996) (Justice Rehnquist) by In this case, the defendants were stopped because of alleged resemblance with drug courier profiles. Additionally, their names appeared on a national law enforcement list of persons suspected of drug …
Greene v. Barber, No. 01-1247 (6th Cir.) (310 F.3d 889) (November 8, 2002) (Judge David A. Nelson)
Article • December 1, 2002 • from P&J December, 2002
Filed under: Punch And Jurists, Fighting Words Doctrine
Greene v. Barber, No. 01-1247 (6th Cir.) (310 F.3d 889) (November 8, 2002) (Judge David A. Nelson) by More than 60 years ago, the Supreme Court upheld a conviction of an individual who was held to have violated a New Hampshire law by addressing the following words to a city …
U.S. v. Shaw, No. 00-4649 (4th Cir.) (313 F.3d 219) (December 16, 2002) (Judge William B. Jr. Traxler)
Article • December 1, 2002 • from P&J December, 2002
Filed under: Punch And Jurists, Sentences - Authorized
U.S. v. Shaw, No. 00-4649 (4th Cir.) (313 F.3d 219) (December 16, 2002) (Judge William B. Jr. Traxler) by U.S. v. Cordero, 313 F.3d 161 (3rd Cir. 2002) (Judge McKee) U.S. v. Shaw, 313 F.3d 219 (4th Cir. 2002) (Judge Traxler) Both of these cases address an interesting question: when …
U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (225 F.Supp.2d 1022) (August 13, 2002) (Judge Mark W. Bennett)
Article • December 1, 2002 • from P&J December, 2002
Filed under: Punch And Jurists, Massiah Rule
U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (225 F.Supp.2d 1022) (August 13, 2002) (Judge Mark W. Bennett) by Defendant was being held in jail pending trial on two indictments involving charges that grew out of a continuing investigation of the criminal conduct, including drug trafficking, of defendant's sometime boyfriend. Plaintiff …
U.S. v. Craven, No. CR.A. 97-10234-JLT (D.Mass.) (190 F.Supp.2d 177) (March 7, 2002) (Judge Joseph L. Tauro)
Article • December 1, 2002 • from P&J December, 2002
Filed under: Punch And Jurists
U.S. v. Craven, No. CR.A. 97-10234-JLT (D.Mass.) (190 F.Supp.2d 177) (March 7, 2002) (Judge Joseph L. Tauro) by
Dixon v. Commissioner of Internal Revenue, No. 00-70858 (9th Cir.) (316 F.3d 1041) (January 17, 2003) (Judge Michael Daly Hawkins)
Article • December 1, 2002 • from P&J December, 2002
Filed under: Punch And Jurists
Dixon v. Commissioner of Internal Revenue, No. 00-70858 (9th Cir.) (316 F.3d 1041) (January 17, 2003) (Judge Michael Daly Hawkins) by This case will long be remembered for the Ninth Circuit’s scathing rebuke of two IRS lawyers, Kenneth McWade and William Sims, who engineered quite a fraud on the Tax …
U.S. v. Gonzalez, No. 01-2247 (1st Cir.) (311 F.3d 440) (November 22, 2002) (Judge Michael Boudin)
Article • December 1, 2002 • from P&J December, 2002
Filed under: Punch And Jurists, Waivers/Defaults
U.S. v. Gonzalez, No. 01-2247 (1st Cir.) (311 F.3d 440) (November 22, 2002) (Judge Michael Boudin) by Although it is a generally accepted principle of law that jurisdictional defects may be raised by a party at any point in the litigation and that a plea of guilty does not waive …
U.S. v. Recio, No. 01-1184 (U.S. Supreme Court) (537 U.S. 270; 123 S.Ct. 819) (January 21, 2003) (Justice Breyer)
Article • December 1, 2002 • from P&J December, 2002
Filed under: Punch And Jurists
U.S. v. Recio, No. 01-1184 (U.S. Supreme Court) (537 U.S. 270; 123 S.Ct. 819) (January 21, 2003) (Justice Breyer) by In this case, the Supreme Court addressed a rule, unique to the Ninth Circuit, that a conspiracy ends automatically when the object of the conspiracy becomes impossible to achieve – …
First Defense Legal Aid v. City of Chicago, No. 01 C 9671 (N.D.Ill.) (225 F.Supp.2d 870) (September 9, 2002) (Judge Milton I. Shadur)
Article • December 1, 2002 • from P&J December, 2002
Filed under: First Amendment, Punch And Jurists
First Defense Legal Aid v. City of Chicago, No. 01 C 9671 (N.D.Ill.) (225 F.Supp.2d 870) (September 9, 2002) (Judge Milton I. Shadur) by This case deals with the rights under the First Amendment of non-suspect, potential witnesses to consult with counsel - which rights, the Court explained, are at …
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