Search | Punch and Jurists

Wiggins v. Corcoran, No. 01-23 (4th Cir.) (288 F.3d 629) (May 2, 2002) (Judge H. Emory Jr. Widener)

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

Filed under: Punch And Jurists, Failure to Consult/Investigate/Raise

Wiggins v. Corcoran, No. 01-23 (4th Cir.) (288 F.3d 629) (May 2, 2002) (Judge H. Emory Jr. Widener) by The defendant in this case was convicted in state court, following a bench trial, of murder, robbery, and theft. A jury then sentenced defendant to death. The judgment and conviction were …

U.S. v. McWaine, No. 01-60356 (5th Cir.) (290 F.3d 269) (April 24, 2002) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists

U.S. v. McWaine, No. 01-60356 (5th Cir.) (290 F.3d 269) (April 24, 2002) (Judge Carl E. Stewart) by No Apprendi violation in court's application of U.S.S.G. § 2D1.1(c)(1) to determine a base offense level where appellant was not sentenced in excess of twenty years under 21 U.S.C. § 841(b) for …

Hamdi v. Rumsfeld, No. 02-6827 (4th Cir.) (294 F.3d 598) (June 26, 2002) (Judge J. Harvie III Wilkinson)

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

Filed under: Standing, Punch And Jurists

Hamdi v. Rumsfeld, No. 02-6827 (4th Cir.) (294 F.3d 598) (June 26, 2002) (Judge J. Harvie III Wilkinson) by Here the Court held that the Federal Public Defender did not have a sufficiently significant relationship with a detainee, captured as an alleged enemy combatant during military operations in Afghanistan, to …

Harris v. U.S., No. 00-10666 (U.S. Supreme Court) (536 U.S. 545; 122 S.Ct. 2406) (June 24, 2002) (Justice Kennedy)

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

Filed under: Punch And Jurists, Mandatory Minimums

Harris v. U.S., No. 00-10666 (U.S. Supreme Court) (536 U.S. 545; 122 S.Ct. 2406) (June 24, 2002) (Justice Kennedy) by In this case the Supreme Court addressed an important and much debated Apprendi issue: whether its landmark Apprendi decision applies to mandatory minimum sentences. In Apprendi, the Court held that …

Ring v. Arizona, No. 01-488 (U.S. Supreme Court) (536 U.S. 584; 122 S.Ct. 2428) (June 24, 2002) (Justice Ginsburg)

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

Filed under: Punch And Jurists

Ring v. Arizona, No. 01-488 (U.S. Supreme Court) (536 U.S. 584; 122 S.Ct. 2428) (June 24, 2002) (Justice Ginsburg) by Here, by a vote of 7-to-2, the Court held that its decision in Appendi v. New Jersey renders unconstitutional the Arizona statutes that permit the judge, rather than the jury, …

Board of Education v. Earls, No. 01-332 (U.S. Supreme Court) (536 U.S. 822; 122 S.Ct. 2559) (June 27, 2002) (Justice Thomas)

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

Filed under: Punch And Jurists, Special Needs Exception

Board of Education v. Earls, No. 01-332 (U.S. Supreme Court) (536 U.S. 822; 122 S.Ct. 2559) (June 27, 2002) (Justice Thomas) by In this case, by a vote of 5-to-4, the Supreme Court upheld the validity of a suspicionless drug testing policy enacted by a School Board in rural Oklahoma …

U.S. v. Rice, No. 01-CR-006-001-C (N.D.Okla.) (196 F.Supp.2d 1196) (March 7, 2002) (Judge Magistrate)

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

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

U.S. v. Rice, No. 01-CR-006-001-C (N.D.Okla.) (196 F.Supp.2d 1196) (March 7, 2002) (Judge Magistrate) by Here, disagreeing with at least one Circuit Court decision which held to the contrary, Magistrate Judge Joyner held that the Government was authorized to utilize the provisions of the Federal Debt Collection Procedure Act (28 …

U.S. v. Herrera, No. 00-51177 (5th Cir.) (289 F.3d 311) (April 17, 2002) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Unlawful User

U.S. v. Herrera, No. 00-51177 (5th Cir.) (289 F.3d 311) (April 17, 2002) (Judge Harold R. Jr. DeMoss) by Among the many and growing categories of persons who are prohibited by Federal law from possessing firearms is any person “who is an unlawful user of or addicted to any controlled …

U.S. v. Carbajal, No. 01-40363 (5th Cir.) (290 F.3d 277) (April 25, 2002) (Judge E. Grady Jolly)

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

Filed under: Punch And Jurists, Death/Bodily Injury

U.S. v. Carbajal, No. 01-40363 (5th Cir.) (290 F.3d 277) (April 25, 2002) (Judge E. Grady Jolly) by Section 2D1.1(a)(2) of the Guidelines establishes a base offense level of 38 if a defendant is convicted of drug trafficking under 21 U.S.C. § 841(b) “and the offense of conviction establishes that …

U.S. v. Martinez, No. 00-2900 (7th Cir.) (289 F.3d 1023) (May 13, 2002) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Martinez, No. 00-2900 (7th Cir.) (289 F.3d 1023) (May 13, 2002) (Judge Ilana Diamond Rovner) by Here the Court held that there is no Apprendi error where the district court could have imposed the same punishment simply by imposing consecutive sentences; calculation of quantity of drugs attributable to …

Hamdi v. Rumsfeld, No. 02-6895 (4th Cir.) (296 F.3d 278) (July 12, 2002) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists

Hamdi v. Rumsfeld, No. 02-6895 (4th Cir.) (296 F.3d 278) (July 12, 2002) (Judge J. Harvie III Wilkinson) by In a decision published two weeks prior to this decision, Frank Dunham, the Federal Public Defender from Norfolk, VA had attempted to intervene on behalf of Yaser Esam Hamdi, an American …

Welch v. Ashcroft, No. 00-7665 (4th Cir.) (293 F.3d 213) (June 19, 2002) (Judge Robert R. Beezer)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Welch v. Ashcroft, No. 00-7665 (4th Cir.) (293 F.3d 213) (June 19, 2002) (Judge Robert R. Beezer) by Although the mandatory detention of deportable aliens is reasonably related to legitimate government interests, the 14-month detention of a deportable alien, convicted of firearm offenses, constituted punishment without the benefit of a …

U.S. v. Minore, No. 99-30381 (9th Cir.) (292 F.3d 1109) (June 17, 2002) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Minore, No. 99-30381 (9th Cir.) (292 F.3d 1109) (June 17, 2002) (Judge Raymond C. Fisher) by In this case the Court considered the significance of Apprendi v. New Jersey, 530 U.S. 466 (2000), in a realm other than sentencing. The defendant, Gary W. Minore, challenged the validity of …

U.S. v. Long Huang You, No. 01 CR 960 (SAS) (S.D.N.Y.) (198 F.Supp.2d 393) (February 28, 2002) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Consent

U.S. v. Long Huang You, No. 01 CR 960 (SAS) (S.D.N.Y.) (198 F.Supp.2d 393) (February 28, 2002) (Judge Shira A. Scheindlin) by

Hope v. Pelzer, No. 01-309 (U.S. Supreme Court) (536 U.S. 730; 122 S.Ct. 2508) (June 27, 2002) (Justice Stevens)

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

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

Hope v. Pelzer, No. 01-309 (U.S. Supreme Court) (536 U.S. 730; 122 S.Ct. 2508) (June 27, 2002) (Justice Stevens) by In a decision that Justice Thomas claims will “turn[ ] qualified immunity jurisprudence on its head,” the Supreme Court held that prison guards in Alabama were not entitled to assert …

U.S. v. Johnson, No. CR 00-3034 (N.D.Iowa) (196 F.Supp.2d 795) (April 23, 2002) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Johnson, No. CR 00-3034 (N.D.Iowa) (196 F.Supp.2d 795) (April 23, 2002) (Judge Mark W. Bennett) by This decision is noted for Judge Bennett's 321-page analysis of the Messiah doctrine which bars the Government from using a jailhouse informant to "deliberately elicit" incriminating statements from a defendant outside the …

North Jersey Media Group, Inc. v. Ashcroft, No. Civ. No. 02-967 (JWB) (D.N.J.) (205 F.Supp.2d 288) (May 28, 2002) (Judge John W. Bissell)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

North Jersey Media Group, Inc. v. Ashcroft, No. Civ. No. 02-967 (JWB) (D.N.J.) (205 F.Supp.2d 288) (May 28, 2002) (Judge John W. Bissell) by Ten days after the terrorist attacks of September 11, 2002, Chief Immigration Judge Michael Creppy issued a memorandum (the “Creppy Memo”) to all immigration judges and …

In Re: Application of the U.S. for a Material Witness Warrant (John Doe), No. 01 M 1750 (MBM) (S.D.N.Y.) (213 F.Supp.2d 287) (July 11, 2002) (Judge Michael B. Mukasey)

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

Filed under: Punch And Jurists, Material Witness Statute

In Re: Application of the U.S. for a Material Witness Warrant (John Doe), No. 01 M 1750 (MBM) (S.D.N.Y.) (213 F.Supp.2d 287) (July 11, 2002) (Judge Michael B. Mukasey) by Two months prior to this decision, Judge Shira Scheindlin of the S.D.N.Y. issued two related decisions in which she attacked …

Sorrels v. McKee, No. 01-35222 (9th Cir.) (290 F.3d 965) (May 17, 2002) (Judge Barry G. Silverman)

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

Filed under: Punch And Jurists, Prison Mail

Sorrels v. McKee, No. 01-35222 (9th Cir.) (290 F.3d 965) (May 17, 2002) (Judge Barry G. Silverman) by Here the Court held that a deprivation caused by conduct pursuant to established state procedure, rather than random and unauthorized action, does state a claim under 42 U.S.C.S. § 1983 and entitles …

Reynolds v. Cambra, No. 01-55643 (9th Cir.) (290 F.3d 1029) (May 14, 2002) (Judge Johnnie B. Rawlinson)

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

Filed under: Punch And Jurists

Reynolds v. Cambra, No. 01-55643 (9th Cir.) (290 F.3d 1029) (May 14, 2002) (Judge Johnnie B. Rawlinson) by Here, based on its intervening decision in U.S. v. Sanchez-Cervantes, 282 F.3d 664 (9th Cir. 2002), the panel reversed Judge Marshall's decision in Reynolds v. Cambra, 136 F.Supp.2d 1071 (C.D. Cal. 2001), …