Search | Punch and Jurists

Conant v. Walters, No. 00-17222 (9th Cir.) (309 F.3d 629) (October 29, 2002) (Judge Mary M. Schroeder)

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

Filed under: Punch And Jurists, Marijuana Laws/Issues

Conant v. Walters, No. 00-17222 (9th Cir.) (309 F.3d 629) (October 29, 2002) (Judge Mary M. Schroeder) by This decision is the latest episode in the Government’s long-running battle to outlaw the use of marijuana for medical purposes. Previously, in a decision reported sub nom. Conant v. McCaffrey, 2000 WL …

Fare v. Michael C., No. 78-334 (U.S. Supreme Court) (442 U.S. 707; 99 S.Ct. 2560) (June 20, 1979) (Justice Blackmun)

Article • October 31, 2002

Filed under: Punch And Jurists, Miranda

Fare v. Michael C., No. 78-334 (U.S. Supreme Court) (442 U.S. 707; 99 S.Ct. 2560) (June 20, 1979) (Justice Blackmun) by On certiorari to the Supreme Court of California, petitioner probation authority attacked the state court's conclusion that respondent juvenile's request to see his probation officer, made while undergoing custodial …

U.S. v. X-Citement Video, No. 93-723 (U.S. Supreme Court) (513 U.S. 64; 115 S.Ct. 464) (November 29, 1994) (Justice Rehnquist)

Article • October 30, 2002

Filed under: Punch And Jurists, Knowledge/Scienter

U.S. v. X-Citement Video, No. 93-723 (U.S. Supreme Court) (513 U.S. 64; 115 S.Ct. 464) (November 29, 1994) (Justice Rehnquist) by The defendant/respondents in this case were convicted of violating the Protection of Children Against Sexual Exploitation Act of 1977, under 18 U.S.C.S. §§ 2252 (a)(1), (a)(2), and 371. Respondents …

Gallegos v. Colorado, No. 475 (U.S. Supreme Court) (370 U.S. 49; 82 S.Ct. 1209) (June 4, 2062) (Justice Douglas)

Article • October 30, 2002

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Gallegos v. Colorado, No. 475 (U.S. Supreme Court) (370 U.S. 49; 82 S.Ct. 1209) (June 4, 2062) (Justice Douglas) by Here the court vacated the conviction of a 14-year old boy who confessed to an assault immediately on arrest, on the gounds that his formal confession was not voluntary but …

Wyman v. James, No. 69 (U.S. Supreme Court) (400 U.S. 309; 91 S.Ct. 381) (January 12, 1971) (Justice Blackmun)

Article • October 29, 2002

Filed under: Punch And Jurists, Privacy Act/Rights

Wyman v. James, No. 69 (U.S. Supreme Court) (400 U.S. 309; 91 S.Ct. 381) (January 12, 1971) (Justice Blackmun) by This case involved an action brought by a welfare recipien, Barbara James, who claimed that requiring her to submit to home visits by caseworkers as a condition of receiving benefits …

Doggett v. U.S., No. 90-857 (U.S. Supreme Court) (505 U.S. 647; 112 S.Ct. 2692) (June 24, 1992) (Justice Souter)

Article • October 26, 2002

Filed under: Punch And Jurists, Delays in Prosecution of Case

Doggett v. U.S., No. 90-857 (U.S. Supreme Court) (505 U.S. 647; 112 S.Ct. 2692) (June 24, 1992) (Justice Souter) by The defendant in this case was indicted for conspiracy to import and distribute cocaine in February 1980. When government agents went to defendant's home to arrest him, they learned he …

Hobby v. U.S., No. 82-2140 (U.S. Supreme Court) (468 U.S. 339; 104 S.Ct. 3093) (July 2, 1984) (Justice Burger)

Article • October 26, 2002

Filed under: Punch And Jurists, Bias/Discrimination

Hobby v. U.S., No. 82-2140 (U.S. Supreme Court) (468 U.S. 339; 104 S.Ct. 3093) (July 2, 1984) (Justice Burger) by In this case, the Court granted certiorari "to resolve a conflict among the Circuits as to whether discrimination in the selection of federal grand jury foremen, resulting in the underrepresentation …

Campbell v. Louisiana, No. 96-1584 (U.S. Supreme Court) (523 U.S. 392; 118 S.Ct. 1419) (April 21, 1998) (Justice Kennedy)

Article • October 26, 2002

Filed under: Punch And Jurists, Bias/Discrimination

Campbell v. Louisiana, No. 96-1584 (U.S. Supreme Court) (523 U.S. 392; 118 S.Ct. 1419) (April 21, 1998) (Justice Kennedy) by In this case, the petitioner Campbell was indicted for second-degree murder in Louisiana. He attacked his indictment on the ground that since 1976, not a single African-American had ever served …

Leary v. U.S., No. 35 (U.S. Supreme Court) (395 U.S. 6; 89 S.Ct. 1532) (May 19, 1969) (Justice Harlan)

Article • October 21, 2002

Filed under: Punch And Jurists

Leary v. U.S., No. 35 (U.S. Supreme Court) (395 U.S. 6; 89 S.Ct. 1532) (May 19, 1969) (Justice Harlan) by The petitioner in this case, Dr. Timothy Leary, sought review on writ of certiorari of a decision from a decision of the Fifth Circuit, affirming his convictions for concealing and …

Olden v. Kentucky, No. 88-5223 (U.S. Supreme Court) (488 U.S. 227; 109 S.Ct. 490) (December 12, 1988) (Per Curiam)

Article • October 21, 2002

Filed under: Punch And Jurists, Confrontation Clause/Rights

Olden v. Kentucky, No. 88-5223 (U.S. Supreme Court) (488 U.S. 227; 109 S.Ct. 490) (December 12, 1988) (Per Curiam) by Here the Court held that the Kentucky state court had violated the petitioner's Confrontation Clause rights when it limited examination of the rape victim to preclude inquiry into the victim's …

U.S. v. Hale, No. 74-364 (U.S. Supreme Court) (422 U.S. 171; 95 S.Ct. 2133) (June 23, 1975) (Justice Marshall)

Article • October 18, 2002

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Hale, No. 74-364 (U.S. Supreme Court) (422 U.S. 171; 95 S.Ct. 2133) (June 23, 1975) (Justice Marshall) by A third-party went to the police to report a robbery, and the police took him to the scene of the attack, where he identified the defendant, William Hale, as his …

Cabana v. Bullock, No. 84-1236 (U.S. Supreme Court) (474 U.S. 376; 106 S.Ct. 689) (January 22, 1986) (Justice White)

Article • October 17, 2002

Filed under: Punch And Jurists, Elements of Offense

Cabana v. Bullock, No. 84-1236 (U.S. Supreme Court) (474 U.S. 376; 106 S.Ct. 689) (January 22, 1986) (Justice White) by Here the Court held that the fact-finding required by the 8th Amendment as a prerequisite for the death penalty, that the defendant killed or used lethal force, need not be …

Enmund v. Florida, No. 81-5321 (U.S. Supreme Court) (458 U.S. 782; 102 S.Ct. 3368) (July 2, 1982) (Justice White)

Article • October 17, 2002

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Enmund v. Florida, No. 81-5321 (U.S. Supreme Court) (458 U.S. 782; 102 S.Ct. 3368) (July 2, 1982) (Justice White) by Here the Court reversed a death sentence for a defendant convicted of robbery, because, even though two victims were killed during the robbery by others, this petitioner did not kill …

Wong Sun v. U.S., No. 36 (U.S. Supreme Court) (371 U.S. 471; 83 S.Ct. 407) (January 14, 2063) (Justice Brennan)

Article • October 17, 2002

Filed under: Punch And Jurists, Fruit of the Poisonous Tree

Wong Sun v. U.S., No. 36 (U.S. Supreme Court) (371 U.S. 471; 83 S.Ct. 407) (January 14, 2063) (Justice Brennan) by Here the Court held that there was no probable cause for an arrest, based on "a vague suspicion" that the police attempted to transform into probable cause by reason …

Carella v. California, No. 87-6997 (U.S. Supreme Court) (491 U.S. 263; 109 S.Ct. 2419) (June 15, 1989) (Per Curiam)

Article • October 15, 2002

Filed under: Punch And Jurists, Elements of Offense

Carella v. California, No. 87-6997 (U.S. Supreme Court) (491 U.S. 263; 109 S.Ct. 2419) (June 15, 1989) (Per Curiam) by The apppellant in this case, Eugene Carella, was convicted by a California jury of grand theft for failure to return a rented car. At his trial, the judge instructed the …

Hudson v. Palmer, No. 82-1630 (U.S. Supreme Court) (468 U.S. 517; 104 S.Ct. 3194) (July 3, 1984) (Justice Burger)

Article • October 14, 2002

Filed under: Punch And Jurists, Privacy Act/Rights

Hudson v. Palmer, No. 82-1630 (U.S. Supreme Court) (468 U.S. 517; 104 S.Ct. 3194) (July 3, 1984) (Justice Burger) by In this case, an imnate brought a § 1983 action challenging a "shakedown" search of his prison cell; the inmate alleged that the search was conducted solely to harass him …

Arizona v. Roberson, No. 87-354 (U.S. Supreme Court) (486 U.S. 675; 108 S.Ct. 2093) (June 15, 1988) (Justice Stevens)

Article • October 14, 2002

Filed under: Punch And Jurists, Custodial Interrogations/Statements

Arizona v. Roberson, No. 87-354 (U.S. Supreme Court) (486 U.S. 675; 108 S.Ct. 2093) (June 15, 1988) (Justice Stevens) by In a case that established a "new rule of constitional law", the Court held that the Edwards rule (Edwards v. Arizona, 451 U.S. 477 (1981)) is not offense specific. Thus, …

McFarland v. Scott, No. 93-6497 (U.S. Supreme Court) (512 U.S. 849; 114 S.Ct. 2568) (June 30, 1994) (Justice Blackmun)

Article • October 14, 2002

Filed under: Punch And Jurists

McFarland v. Scott, No. 93-6497 (U.S. Supreme Court) (512 U.S. 849; 114 S.Ct. 2568) (June 30, 1994) (Justice Blackmun) by In this case the Supreme Court considered two statutory provisions related to habeas cases: 21 U.S.C. § 848(q)(4)(B), which creates a statutory right to qualified legal representation for capital defendants …

U.S. v. Miller, No. 83-1750 (U.S. Supreme Court) (471 U.S. 130; 105 S.Ct. 1811) (April 1, 1985) (Justice Marshall)

Article • October 14, 2002

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Miller, No. 83-1750 (U.S. Supreme Court) (471 U.S. 130; 105 S.Ct. 1811) (April 1, 1985) (Justice Marshall) by In this case, a grand jury returned an indictment charging Miller with three counts of mail fraud. The indictment alleged that Miller had defrauded his insurance company both by consenting …

Sacher v. U.S., No. 201 (U.S. Supreme Court) (342 U.S. 1; 72 S.Ct. 451) (March 10, 2052) (Justice Jackson)

Article • October 12, 2002

Filed under: Punch And Jurists, Contempt

Sacher v. U.S., No. 201 (U.S. Supreme Court) (342 U.S. 1; 72 S.Ct. 451) (March 10, 2052) (Justice Jackson) by This case involves contempt citations imposed by District Judge Medina on counsel who represented eleven Communist Party leaders during a turbulent nine months of trial. After the defendants were convicted …