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Guidry v. Sheet Metal Pension Fund, No. 88-1105 (U.S. Supreme Court) (493 U.S. 365; 110 S.Ct. 680) (January 17, 1990) (Justice Blackmun)

Article • July 7, 2002

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

Guidry v. Sheet Metal Pension Fund, No. 88-1105 (U.S. Supreme Court) (493 U.S. 365; 110 S.Ct. 680) (January 17, 1990) (Justice Blackmun) by The petitioner in this case pled guilty to embezzling funds from his union; and the union then obtained a judgment against him for $275,000. The District Court …

Breard v. Greene, No. 97-8214 (A-732) (U.S. Supreme Court) (523 U.S. 371; 118 S.Ct. 1352) (April 14, 1998) (Per Curiam)

Article • July 6, 2002

Filed under: Punch And Jurists, Enforceable Rights/Remedies

Breard v. Greene, No. 97-8214 (A-732) (U.S. Supreme Court) (523 U.S. 371; 118 S.Ct. 1352) (April 14, 1998) (Per Curiam) by In this case the Court held that the Vienna Convention must be applied must be applied "in conformity with the laws and regulations" of the United States, including the …

Carpenter v. U.S., No. 86-442 (U.S. Supreme Court) (484 U.S. 19; 108 S.Ct. 316) (November 16, 1987) (Justice White)

Article • July 5, 2002

Filed under: Punch And Jurists, Honest Services Fraud

Carpenter v. U.S., No. 86-442 (U.S. Supreme Court) (484 U.S. 19; 108 S.Ct. 316) (November 16, 1987) (Justice White) by Here, some five months after the Court's decision in McNally v. U.S., 483 U.S. 350 (1987), the Court emphasized that McNally"did not limit the scope of § 1341 to tangible …

Richmond Newspapers, Inc. v. Virginia, No. 79-243 (U.S. Supreme Court) (448 U.S. 555; 100 S.Ct. 2814) (July 2, 1980) (Justice Burger)

Article • July 4, 2002

Filed under: Punch And Jurists

Richmond Newspapers, Inc. v. Virginia, No. 79-243 (U.S. Supreme Court) (448 U.S. 555; 100 S.Ct. 2814) (July 2, 1980) (Justice Burger) by Here the Court reversed a closure order excluding the press and public from a murder trial and held that the right of the press and public to attend …

Gannett Co., Inc. v. DePasquale, No. 77-1301 (U.S. Supreme Court) (443 U.S. 368; 99 S.Ct. 2898) (July 2, 1979) (Justice Stewart)

Article • July 4, 2002

Filed under: Punch And Jurists

Gannett Co., Inc. v. DePasquale, No. 77-1301 (U.S. Supreme Court) (443 U.S. 368; 99 S.Ct. 2898) (July 2, 1979) (Justice Stewart) by While this decision is often cited as one of the Supreme Court's seminal cases on the public's right of access to criminal trials, it is important to note …

Whitmore v. Arkansas, No. 88-7146 (U.S. Supreme Court) (495 U.S. 149; 110 S.Ct. 1717) (April 24, 1990) (Justice Rehnquist)

Article • July 2, 2002

Filed under: Standing, Punch And Jurists

Whitmore v. Arkansas, No. 88-7146 (U.S. Supreme Court) (495 U.S. 149; 110 S.Ct. 1717) (April 24, 1990) (Justice Rehnquist) by In this case the Supreme Court set forth the parameters under which a "next friend" achieves "standing" to bring suit in a Federal court. As an initial matter, the Court …

Vernonia School Dist. 47J v. Acton, No. 94-590 (U.S. Supreme Court) (515 U.S. 646; 115 S.Ct. 2386) (June 26, 1995) (Justice Scalia)

Article • July 2, 2002

Filed under: Punch And Jurists, Special Needs Exception

Vernonia School Dist. 47J v. Acton, No. 94-590 (U.S. Supreme Court) (515 U.S. 646; 115 S.Ct. 2386) (June 26, 1995) (Justice Scalia) by In this case the petitioner school district required student athletes to submit to drug testing, for which the student's parents had to sign consent forms. Respondents, a …

U.S. v. Sykes, No. 00-5377 (6th Cir.) (292 F.3d 495) (June 6, 2002) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Sykes, No. 00-5377 (6th Cir.) (292 F.3d 495) (June 6, 2002) (Judge Danny J. Boggs) by

In Re Sealed Case, No. 01-3101 (D.C. Cir.) (292 F.3d 913) (June 18, 2002) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

In Re Sealed Case, No. 01-3101 (D.C. Cir.) (292 F.3d 913) (June 18, 2002) (Judge David S. Tatel) by This is a significant decision that explores Guideline departures based on “the totality of circumstances” even when there are no separate “offender characteristics or other circumstances” that alone would justify any …

U.S. v. Muggins, No. 00-6708 (6th Cir.) (302 F.3d 284) (August 16, 2002) (Judge Eric L. Clay)

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

Filed under: Punch And Jurists, Warrants - Anticipatory

U.S. v. Muggins, No. 00-6708 (6th Cir.) (302 F.3d 284) (August 16, 2002) (Judge Eric L. Clay) by Here the Court affirmed the validity, both generally and under the facts of this case, of an anticipatory search warrant which was to be triggered upon the delivery of a package to …

U.S. v. Ruhbayan, No. CR. 202CR29 (E.D.Va.) (201 F.Supp.2d 682) (May 1, 2002) (Judge Rebecca Beach Smith)

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

Filed under: Punch And Jurists, Attorney/Client

U.S. v. Ruhbayan, No. CR. 202CR29 (E.D.Va.) (201 F.Supp.2d 682) (May 1, 2002) (Judge Rebecca Beach Smith) by Here the Court denied a motion to quash a subpoena served on the defendant's trial counsel at an earlier trial based on the attorney-client provilege on the grounds that the crime fraud …

U.S. v. Garcia, No. 01-1086 (2nd Cir.) (291 F.3d 127) (May 17, 2002) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Garcia, No. 01-1086 (2nd Cir.) (291 F.3d 127) (May 17, 2002) (Judge Rosemary S. Pooler) by Here’s the Government’s idea of the perfect recipe for prosecuting drug cases: (a) a drug-dealer turned cooperator with an extensive criminal background facing a lengthy sentence of his own; (b) an otherwise …

Holy Land Foundation v. Ashcroft, No. 02-442(GK) (D.D.C.) (219 F.Supp.2d 57) (August 8, 2002) (Judge Gladys Kessler)

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

Filed under: Punch And Jurists, Terrorist Designation/Terrorism Label

Holy Land Foundation v. Ashcroft, No. 02-442(GK) (D.D.C.) (219 F.Supp.2d 57) (August 8, 2002) (Judge Gladys Kessler) by In this case the plaintiff, Holy Land Foundation for Relief and Development ("HLF"), the largest Muslim charitable foundation in the country, brought an action challenging its designation as a terrorist organization and …

U.S. v. Marcucci, No. 01-50468 (9th Cir.) (299 F.3d 1156) (August 16, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Marcucci, No. 01-50468 (9th Cir.) (299 F.3d 1156) (August 16, 2002) (Per Curiam) by Here a divided panel rejected a challenge that the standard form of instructions to a grand jury were unconstitutional because they failed to advise the jurors that they had the right to refuse to …

U.S. v. Harris, No. 00-60465 (5th Cir.) (293 F.3d 863) (June 11, 2002) (Judge Will L. Garwood)

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

Filed under: Punch And Jurists

U.S. v. Harris, No. 00-60465 (5th Cir.) (293 F.3d 863) (June 11, 2002) (Judge Will L. Garwood) by This case is noted for its comprehensive review and analysis of downward departures based on the victim’s conduct, pursuant to U.S.S.G. § 5K2.10 of the Guidelines. That section (a policy statement) provides, …

U.S. v. Warden, No. 01-40961 (5th Cir.) (291 F.3d 363) (May 14, 2002) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists

U.S. v. Warden, No. 01-40961 (5th Cir.) (291 F.3d 363) (May 14, 2002) (Judge Emilio M. Garza) by Here the Court rejected a claim that the district court had improperly added a new special condition of supervised release when it directed for the first time in its written judgment that …

Packer v. Hill, No. 01-1765 (9th Cir.) (291 F.3d 569) (January 15, 2002) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists

Packer v. Hill, No. 01-1765 (9th Cir.) (291 F.3d 569) (January 15, 2002) (Judge Harry Pregerson) by The United States District Court, Central District of California, denied defendant's petition for writ of habeas corpus, but granted a certificate of appealability as to two claims: (1) an alleged violation of his …

Hamdi v. Rumsfeld, No. Civ. No. 2:02cv439 (E.D.Va.) (243 F.Supp.2d 527) (August 16, 2002) (Judge Robert G. Doumar)

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

Filed under: Punch And Jurists

Hamdi v. Rumsfeld, No. Civ. No. 2:02cv439 (E.D.Va.) (243 F.Supp.2d 527) (August 16, 2002) (Judge Robert G. Doumar) by Twice before, we have noted some of the legal skirmishes that continue to mark the Government’s alleged terrorism case against Yaser Esam Hamdi, the American citizen who was captured in Afghanistan …

Rasul v. Bush, No. Civ. 02-299 (CKK) (D.D.C.) (215 F.Supp.2d 55) (July 30, 2002) (Judge Coleen Kollar-Kotelly)

Article • July 1, 2002 • from P&J September, 2004

Filed under: Punch And Jurists

Rasul v. Bush, No. Civ. 02-299 (CKK) (D.D.C.) (215 F.Supp.2d 55) (July 30, 2002) (Judge Coleen Kollar-Kotelly) by This decision involved the consolidated claims of two groups of persons being held by the U.S. Military at Guantanamo Bay, Cuba who were seeking release from what they labeled an "unlawful" detention. …

U.S. v. Hurlich, No. 01-4068 (10th Cir.) (293 F.3d 1223) (June 21, 2002) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Hurlich, No. 01-4068 (10th Cir.) (293 F.3d 1223) (June 21, 2002) (Judge Deanell R. Tacha) by In this appeal, the Court held, inter alia, that in sentencing for possession of a firearm by a convicted felon, 1) a vague, unsworn statement by an unidentified witness in a presentence …