Search | Punch and Jurists

Moran v. Clarke, No. 4:98-CV-556 CAS (E.D.Mo.) (213 F.Supp.2d 1067) (August 2, 2002) (Judge Charles A. Shaw)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Recusal, Punch And Jurists

Moran v. Clarke, No. 4:98-CV-556 CAS (E.D.Mo.) (213 F.Supp.2d 1067) (August 2, 2002) (Judge Charles A. Shaw) by This was a civil action for damages by the plaintiff police officer against various defendants, officers and attorneys, alleging violation of his substantive due process rights and malicious prosecution. In a previous …

U.S. v. Quinones, No. 02-1403(L) (2nd Cir.) (313 F.3d 49) (December 10, 2002) (Judge Jose A. Cabranes)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Quinones, No. 02-1403(L) (2nd Cir.) (313 F.3d 49) (December 10, 2002) (Judge Jose A. Cabranes) by Earlier this year, Judge Rakoff of the S.D.N.Y. issued two landmark decisions in which he held that the Federal Death Penalty Act of 1994 (18 U.S.C. §§ 3591-3598) (FDPA) was facially unconstitutional. …

U.S. v. Rothberg, No. 00 CR 85-1 (N.D.Ill.) (222 F.Supp.2d 1009) (June 14, 2002) (Judge Matthew F. Kennelly)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists

U.S. v. Rothberg, No. 00 CR 85-1 (N.D.Ill.) (222 F.Supp.2d 1009) (June 14, 2002) (Judge Matthew F. Kennelly) by This is an interesting case for a number of reasons. It is the first reported case that we have seen dealing with Internet piracy of software under the No Electronic Theft …

U.S. v. Stines, No. 00-1222 (6th Cir.) (313 F.3d 912) (December 3, 2002) (Judge Eugene E. Jr. Siler)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists

U.S. v. Stines, No. 00-1222 (6th Cir.) (313 F.3d 912) (December 3, 2002) (Judge Eugene E. Jr. Siler) by Although a drug conspiracy alleged in an indictment did not specify the quantity of cocaine and cocaine base, sentences did not trigger Apprendi because drug type and quantity attributed did not …

Padilla ex rel. Newman v. Bush, No. 02 Civ. 4445 (MBM) (S.D.N.Y.) (233 F.Supp.2d 564) (December 4, 2002) (Judge Michael B. Mukasey)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists

Padilla ex rel. Newman v. Bush, No. 02 Civ. 4445 (MBM) (S.D.N.Y.) (233 F.Supp.2d 564) (December 4, 2002) (Judge Michael B. Mukasey) by Here the Court held that while the President, “logically and legally,” has to right to designate and detain a U.S. citizen as an enemy combatant, the defendant …

Robles v. Prince George's County, Maryland, No. 01-1662 (4th Cir.) (308 F.3d 437) (October 29, 2002) (Per Curiam)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Robles v. Prince George's County, Maryland, No. 01-1662 (4th Cir.) (308 F.3d 437) (October 29, 2002) (Per Curiam) by Here, in carrying out a “prank” designed to convince the police from the neighboring Montgomery County to be more receptive to transfers of custody when a detainee was subject to outstanding …

U.S. v. Thompson, No. 01-30279 (9th Cir.) (315 F.3d 1071) (December 6, 2002) (Judge Ronald M. Gould)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Thompson, No. 01-30279 (9th Cir.) (315 F.3d 1071) (December 6, 2002) (Judge Ronald M. Gould) by Here the Court reversed a downward departure in a child pornography case, holding that the district court had relied on factors that were either prohibited, discouraged or inadequately explained to take the …

U.S. v. Triumph Capital Group, Inc., No. 3:00CR217 (EBB) (D.Conn.) (2002 U.S. Dist. LEXIS 21615) (November 4, 2002) (Judge Alan H. Nevas)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Searches - Cellphones/Computers/Internet

U.S. v. Triumph Capital Group, Inc., No. 3:00CR217 (EBB) (D.Conn.) (2002 U.S. Dist. LEXIS 21615) (November 4, 2002) (Judge Alan H. Nevas) by This is the first case we have seen that offers a detailed analysis of the Fourth Amendment implications of Government searches of seized computers - a topic …

U.S. v. Shwayder, No. 01-10156 (9th Cir.) (312 F.3d 1109) (December 5, 2002) (Judge Marsha L. Berzon)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Hypothetical Questions

U.S. v. Shwayder, No. 01-10156 (9th Cir.) (312 F.3d 1109) (December 5, 2002) (Judge Marsha L. Berzon) by

U.S. v. Young, No. 02-1294 (7th Cir.) (316 F.3d 649) (December 4, 2002) (Judge William J. Bauer)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Young, No. 02-1294 (7th Cir.) (316 F.3d 649) (December 4, 2002) (Judge William J. Bauer) by The defendant in this case was found not guilty of kidnapping under 18 U.S.C.S. § 1201, but was convicted of interstate domestic violence, 18 U.S.C.S. § 2261(a)(1) and (b)(3), and unlawfully using …

U.S. v. Bayles, No. 01-4092 (10th Cir.) (310 F.3d 1302) (November 15, 2002) (Judge Robert H. Henry)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Bayles, No. 01-4092 (10th Cir.) (310 F.3d 1302) (November 15, 2002) (Judge Robert H. Henry) by A conviction for possessing a firearm while subject to a domestic violence protective order did not violate the Second Amendment or the Commerce Clause, and the district court abused its discretion in …

U.S. v. Gotti, No. 02-CR-606 (FB)(ASC) (E.D.N.Y.) (219 F.Supp.2d 296) (August 7, 2002) (Judge Frederic Block)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Danger to the Community

U.S. v. Gotti, No. 02-CR-606 (FB)(ASC) (E.D.N.Y.) (219 F.Supp.2d 296) (August 7, 2002) (Judge Frederic Block) by The defendant in this case was charged with racketeering, racketeering conspiracy, money laundering conspiracy, and eight substantive counts of money laundering. A magistrate judge ordered the defendant detained. The defendant filed a motion …

Curry v. U.S., No. 02-2302 (7th Cir.) (307 F.3d 664) (October 11, 2002) (Judge Richard A. Posner)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists

Curry v. U.S., No. 02-2302 (7th Cir.) (307 F.3d 664) (October 11, 2002) (Judge Richard A. Posner) by In this case the petitioner/prisoner appealed the dismissal of his Fed. R. Civ. P. 59(e) motion, that was filed within 10 days after the denial of his second 28 U.S.C.S. § 2255 …

McIver v. U.S., No. 01-10507 (11th Cir.) (307 F.3d 1327) (September 30, 2002) (Judge Rosemary Barkett)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists

McIver v. U.S., No. 01-10507 (11th Cir.) (307 F.3d 1327) (September 30, 2002) (Judge Rosemary Barkett) by Here the Eleventh Circuit joined with a majority of the Circuits in holding that a successful motion to file an out-of-time notice of appeal is not to be counted as a first petition …

Moran v. Clarke, No. 00-1015 (8th Cir.) (309 F.3d 516) (November 4, 2002) (Per Curiam)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Recusal, Punch And Jurists

Moran v. Clarke, No. 00-1015 (8th Cir.) (309 F.3d 516) (November 4, 2002) (Per Curiam) by This case is an extremely rare case of judicial racism and pique. This decision followed District Judge Charles Shaw's earlier decision, reported at 213 F.Supp.2d 1067 (E.D.Mo. 2002), where Judge Shaw - a Black …

U.S. v. Durham, No. 3:99CR3/RV (N.D.Fla.) (219 F.Supp.2d 1234) (August 29, 2002) (Judge Roger Vinson)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Restraint of Defendant

U.S. v. Durham, No. 3:99CR3/RV (N.D.Fla.) (219 F.Supp.2d 1234) (August 29, 2002) (Judge Roger Vinson) by Prior to this decision, the Eleventh Circuit reversed and vacated defendant's convictions for armed robbery based on its determination that the reasons for requiring defendant to wear a stun belt during the trial were …

U.S. v. Tolbert, No. 01-50656 (5th Cir.) (306 F.3d 244) (September 12, 2002) (Judge Robert M. Parker)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Grouping

U.S. v. Tolbert, No. 01-50656 (5th Cir.) (306 F.3d 244) (September 12, 2002) (Judge Robert M. Parker) by The issue before the Court in this case was whether offenses that are similar in nature but arise from discrete circumstances and were committed two years apart can be grouped when sentencing …

Valerio v. Crawford, No. 98-99033 (9th Cir.) (306 F.3d 742) (September 17, 2002) (Judge William A. Fletcher)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Aggravating Factors/Circumstances

Valerio v. Crawford, No. 98-99033 (9th Cir.) (306 F.3d 742) (September 17, 2002) (Judge William A. Fletcher) by A depravity of mind, aggravating circumstances jury instruction at a capital penalty phase was unconstitutional, and error was not cured under Walton v. Arizona, 497 U.S. 639, a procedure unavailable after a …

U.S. v. Reynard, No. 98-CR-2402-IEG (S.D.Cal.) (220 F.Supp.2d 1142) (August 26, 2002) (Judge Irma E. Gonzales)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Reynard, No. 98-CR-2402-IEG (S.D.Cal.) (220 F.Supp.2d 1142) (August 26, 2002) (Judge Irma E. Gonzales) by In 2000, Congress enacted one of those proverbial wonders of modern day penal legislation - the DNA Analysis Backlog Elimination Act (42 U.S.C. § 14135a et seq.) (the DNA Act). Among other things, …

U.S. v. Arrington, No. 01-3059 (D.C. Cir.) (309 F.3d 40) (November 5, 2002) (Judge Merrick B. Garland)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Victims - Official

U.S. v. Arrington, No. 01-3059 (D.C. Cir.) (309 F.3d 40) (November 5, 2002) (Judge Merrick B. Garland) by In this case the defendant was convicted of using a dangerous weapon--to wit, an automobile--to forcibly assault, resist, oppose, impede, intimidate, or interfere with three United States Park police officers, in violation …