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Peterson v. Cain, No. 00-31047 (5th Cir.) (302 F.3d 508) (August 19, 2002) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists

Peterson v. Cain, No. 00-31047 (5th Cir.) (302 F.3d 508) (August 19, 2002) (Judge Robert M. Parker) by In this case the petitioner sought review of a decision by the district court which denied his application for habeas corpus relief, rejecting petitioner's contention that the Supreme Court's decision in Campbell …

Paschal v. U.S., No. 02-2005 (7th Cir.) (302 F.3d 769) (September 11, 2002) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Federal Tort Claims Act (FTCA)

Paschal v. U.S., No. 02-2005 (7th Cir.) (302 F.3d 769) (September 11, 2002) (Judge Richard A. Posner) by In this case, the plaintiff, an inmate in a Federal prison, slipped and fell on a wet floor in the prison's kitchen, where he was working, while he was a pretrial detainee. …

U.S. v. Couto, No. 01-1636 (2nd Cir.) (311 F.3d 179) (November 15, 2002) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Failure to Inform

U.S. v. Couto, No. 01-1636 (2nd Cir.) (311 F.3d 179) (November 15, 2002) (Judge Guido Calabresi) by In this case, the defendant, a citizen of Brazil, was charged with bribery, and conspiracy to commit bribery, of an immigration official. The defendant retained a criminal defense attorney who met with her …

U.S. v. Oakes, No. Crim. No. 00-76-PC (D.Me.) (224 F.Supp.2d 296) (October 21, 2002) (Judge Gene Carter)

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

Filed under: Punch And Jurists

U.S. v. Oakes, No. Crim. No. 00-76-PC (D.Me.) (224 F.Supp.2d 296) (October 21, 2002) (Judge Gene Carter) by U.S. v. Reilly, No. 01 Cr. 1114 (S.D.N.Y. 10/11/2002) (Judge Patterson) U.S. v. Oakes, 224 F.Supp.2d 296 (D.Me. 2002) (Judge Carter) The common theme in both of these decisions was the Supreme …

U.S. v. Lott, No. 00-6141 (10th Cir.) (310 F.3d 1231) (November 5, 2002) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Lott, No. 00-6141 (10th Cir.) (310 F.3d 1231) (November 5, 2002) (Judge David M. Ebel) by Defendants convicted of drug conspiracy convictions could not show that Apprendi errors affected their substantial rights because their total length of imprisonment would not have been shorter even if they were properly …

U.S. v. Cardona, No. 01-30974 (5th Cir.) (302 F.3d 494) (August 16, 2002) (Per Curiam)

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

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

U.S. v. Cardona, No. 01-30974 (5th Cir.) (302 F.3d 494) (August 16, 2002) (Per Curiam) by In this case, the defendant appealed his conviction for cocaine conspiracy, arguing that the Government violated the Speedy Trial Clause of the Sixth Amendment by waiting over five years to execute the warrant for …

Koch v. Lewis, No. Civ.90-1872-PHX-ROS-(JBM) (D.Ariz.) (216 F.Supp.2d 994) (August 30, 2001) (Judge James B. Moran)

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

Filed under: Punch And Jurists

Koch v. Lewis, No. Civ.90-1872-PHX-ROS-(JBM) (D.Ariz.) (216 F.Supp.2d 994) (August 30, 2001) (Judge James B. Moran) by Plaintiff inmate brought suit against defendants, seeking an injunction against his continued and indefinite confinement in the Special Management Unit II (SMU II). The question then before the court was whether the inmate's …

U.S. v. Minore, No. 99-30381 (9th Cir.) (302 F.3d 1065) (September 10, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Minore, No. 99-30381 (9th Cir.) (302 F.3d 1065) (September 10, 2002) (Per Curiam) by

Early v. Packer, No. 01-1765 (U.S. Supreme Court) (537 U.S. 3; 123 S.Ct. 362) (November 4, 2002) (Per Curiam)

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

Filed under: Punch And Jurists

Early v. Packer, No. 01-1765 (U.S. Supreme Court) (537 U.S. 3; 123 S.Ct. 362) (November 4, 2002) (Per Curiam) by In this summary reversal, the Court vacated a grant of habeas relief (because the state court decision was contrary to two prior Supreme Court decisions) stating that those decisions were …

U.S. v. Lawrence, No. 00-5462 (6th Cir.) (308 F.3d 623) (October 28, 2002) (Judge James G. Carr)

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

Filed under: Punch And Jurists

U.S. v. Lawrence, No. 00-5462 (6th Cir.) (308 F.3d 623) (October 28, 2002) (Judge James G. Carr) by Conviction for illegal possession of gun under 18 U.S.C. § 924(c) is reversed where evidence suggested that defendant obtained machine gun as an unsolicited gift, thus refuting inference that his possession of …

Bear v. Kautzky, No. 01-3462 (8th Cir.) (305 F.3d 802) (October 4, 2002) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Prison Mail

Bear v. Kautzky, No. 01-3462 (8th Cir.) (305 F.3d 802) (October 4, 2002) (Judge James B. Loken) by Here the Court affirmed the grant of injunctive relief against prison officials who sought to bar legal correspondence between inmates, stating that the officials failed to show the ban served a legitimate …

Lyon v. Vande Krol, No. 00-3283 (8th Cir.) (305 F.3d 806) (October 4, 2002) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Lyon v. Vande Krol, No. 00-3283 (8th Cir.) (305 F.3d 806) (October 4, 2002) (Judge Morris Sheppard Arnold) by Here a state inmate brought a civil rights suit against defendant prison officials, claiming that the prison's exclusion of him from participating in Jewish services and holidays violated his constitutional rights. …

Balogun v. U.S. Attorney General, No. 00-12442 (11th Cir.) (304 F.3d 1303) (September 10, 2002) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Jurisdiction

Balogun v. U.S. Attorney General, No. 00-12442 (11th Cir.) (304 F.3d 1303) (September 10, 2002) (Judge Richard D. Cudahy) by Here the Court held that it had no jurisdiction under 8 U.S.C. § 1252(a)(2)(C) to review a removal order where petitioner committed two crimes of moral turpitude and the removal …

U.S. v. Ceballos, No. 01-3715 (7th Cir.) (302 F.3d 679) (August 27, 2002) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Ceballos, No. 01-3715 (7th Cir.) (302 F.3d 679) (August 27, 2002) (Judge Michael S. Kanne) by Here the Court held that the Government is not required to prove that defendants intended to use minor to shield themselves in order to apply two-level enhancement for using a minor to …

Hardaway v. Young, No. 01-3450 (7th Cir.) (302 F.3d 757) (September 11, 2002) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists

Hardaway v. Young, No. 01-3450 (7th Cir.) (302 F.3d 757) (September 11, 2002) (Judge Diane P. Wood) by In 1996, as part of the Antiterrorism and Effective Death Penalty Act (AEDPA), Congress enacted a series of far-reaching changes in the rules governing habeas corpus litigation; and already those changes have …

U.S. v. Sigmond-Ballesteros, No. 00-50408 (9th Cir.) (309 F.3d 545) (October 24, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Sigmond-Ballesteros, No. 00-50408 (9th Cir.) (309 F.3d 545) (October 24, 2002) (Per Curiam) by This case is noted principally for the intensity of the dissent’s emotional and highly vitriolic response to the decision of a majority of the Ninth Circuit judges not to grant an en banc rehearing …

U.S. v. Walls, No. Cr.A. 92-234-LFO (D.D.C.) (215 F.Supp.2d 159) (August 12, 2002) (Judge Louis F. Oberdorfer)

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

Filed under: Punch And Jurists

U.S. v. Walls, No. Cr.A. 92-234-LFO (D.D.C.) (215 F.Supp.2d 159) (August 12, 2002) (Judge Louis F. Oberdorfer) by Here the Court held that the Apprendi rule did not apply retroactively to cases on collateral appeal, and that even if it did, the defendant was procedurally barred from raising that claim …

Rose v. Lundy, No. 80-846 (U.S. Supreme Court) (455 U.S. 509; 102 S.Ct. 1198) (March 3, 1982) (Justice O'Connor)

Article • September 30, 2002

Filed under: Punch And Jurists, Exhaustion of Remedies

Rose v. Lundy, No. 80-846 (U.S. Supreme Court) (455 U.S. 509; 102 S.Ct. 1198) (March 3, 1982) (Justice O'Connor) by In this case the Court considered whether the exhaustion rule in 28 USC §§ 2254(b) & (c) requires a federal district court to dismiss a petition for a writ of …

N.A.A.C.P. v. Alabama, No. 92 (U.S. Supreme Court) (357 U.S. 449; 78 S.Ct. 1163) (June 30, 2058) (Justice Harlan)

Article • September 24, 2002

Filed under: Punch And Jurists, Association - Right of

N.A.A.C.P. v. Alabama, No. 92 (U.S. Supreme Court) (357 U.S. 449; 78 S.Ct. 1163) (June 30, 2058) (Justice Harlan) by Here the Court reversed contempt citations issued against the NAACP for failing to disclose to the state of Alabama the names of its members and agents, holding that such disclosures …

DiBella v. U.S., No. 21 (U.S. Supreme Court) (369 U.S. 121; 82 S.Ct. 654) (March 19, 2062) (Justice Frankfurter)

Article • September 24, 2002

Filed under: Punch And Jurists, Collateral Order Doctrine

DiBella v. U.S., No. 21 (U.S. Supreme Court) (369 U.S. 121; 82 S.Ct. 654) (March 19, 2062) (Justice Frankfurter) by The issue addressed in this consolidated appeal was the appealability of an order granting or denying a pretrial motion to suppress the evidentiary use in a federal criminal trial of …