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Article • February 1, 2002 • from P&J February, 2002
Filed under: Punch And Jurists
U.S. v. General, No. 00-4591 (4th Cir.) (278 F.3d 389) (January 24, 2002) (Judge Karen J. Williams) by
Article • January 31, 2002
Seling v. Young, No. 99-1185 (U.S. Supreme Court) (531 U.S. 250; 121 S.Ct. 727) (January 17, 2001) (Justice O'Connor) by Here the Court held that a state law which authorizes the civil commitment of "sexually violent predators" cannot be deemed punitive "as applied" to a single individual in violation of …
Article • January 30, 2002 • from P&J May, 2000
Filed under: Punch And Jurists
Jones v. U.S., No. 99-5739 (U.S. Supreme Court) (529 U.S. 848; 120 S.Ct. 1904) (May 22, 2000) (Justice Ginsburg) by In this case, the Supreme Court continued its recent selective and highly unpredictable confrontation with Congress over the boundaries of Federal authority. Here, a unanimous Court held that the Federal …
Article • January 30, 2002 • from P&J April, 2000
Filed under: Punch And Jurists
Carmell v. Texas, No. 98-7540 (U.S. Supreme Court) (529 U.S. 513; 120 S.Ct. 1620) (May 1, 2000) (Justice Stevens) by Splitting into unusual ideological camps, a divided Supreme Court took an expansive view of the Constitution’s bar against retroactive legislation, overturning a conviction of a Texas man accused of sexually …
Article • January 29, 2002
Foucha v. Louisiana, No. 90-5844 (U.S. Supreme Court) (504 U.S. 71; 112 S.Ct. 1780) (May 18, 1992) (Justice White) by Here the Court held that a Louisiana statute which allows an insanity acquittee to be committed to a mental institution until he is able to demonstrate that he is not …
Article • January 29, 2002
Kansas v. Hendricks, No. 95-1649 (U.S. Supreme Court) (521 U.S. 346; 117 S.Ct. 2072) (June 23, 1997) (Justice Thomas) by In this case, the Court upheld as constitutional the provisions of a Kansas Sexually Violent Predator Act (SVPA) which called for the involuntary and continued civil commitment of sex offenders …
Article • January 29, 2002 • from P&J May, 2000
U.S. v. Morrison, No. 99-5 (U.S. Supreme Court) (529 U.S. 598; 120 S.Ct. 1740) (May 15, 2000) (Justice Rehnquist) by In this case, the Supreme Court continued its constitutional war on Congress by striking down various provisions of the Violence Against Women Act of 1994 (42 U.S.C. § 13981) (VAWA). …
Article • January 27, 2002
Jones v. U.S., No. 97-6203 (U.S. Supreme Court) (526 U.S. 227; 119 S.Ct. 1215) (March 24, 1999) (Justice Souter) by If the Rehnquist Supreme Court were given a Rorschach test, the results would probably confound the most expertly trained psychoanalysts. This case is another example of the impossibility of predicting …
Article • January 27, 2002
Filed under: Abortion, Punch And Jurists
Roe v. Wade, No. 70-18 (U.S. Supreme Court) (410 U.S. 113; 93 S.Ct. 705) (January 22, 1973) (Justice Blackmun) by In this case, Roe, a Texas resident, sought to terminate her pregancy by abortion. Texas law prohibited abortions except to save the pregnant woman’s life. After granting certiorari, the Court …
Article • January 27, 2002
Bell v. Wolfish, No. 77-1829 (U.S. Supreme Court) (441 U.S. 520; 99 S.Ct. 1881) (May 14, 1979) (Justice Rehnquist) by This case involves a class action lawsuit challenged the legality of conditions facing pretrial detainees in a New York City correctional facility. Petitioners claimed that double-bunking, restrictions on reading materials …
Article • January 26, 2002 • from P&J May, 1999
City of Chicago v. Morales, No. 97-1121 (U.S. Supreme Court) (527 U.S. 41; 119 S.Ct. 1849) (June 10, 1999) (Justice Stevens) by In this case the Supreme Court struck down, as unconstitutionally vague, an anti-loitering ordinance enacted by the City of Chicago which resulted in some 42,000 arrests in the …
Article • January 26, 2002
Neder v. U.S., No. 97-1985 (U.S. Supreme Court) (527 U.S. 1; 119 S.Ct. 1827) (June 10, 1999) (Justice Rehnquist) by The Supreme Court also affirmed that the denial of a right to a public trial was a structural error and held that "errors of this type are so intrinsically harmful …
Article • January 21, 2002
O'Sullivan v. Boerckel, No. 97-2048 (U.S. Supreme Court) (526 U.S. 838; 119 S.Ct. 1728) (June 7, 1999) (Justice O'Connor) by Here the Court held that before a state prisoner files a Federal habeas petition, he or she must "give the state courts one full oportunity to resolve any constitutional issues …
Article • January 13, 2002
Chambers v. Florida, No. 195 (U.S. Supreme Court) (309 U.S. 227; 60 S.Ct. 472) (February 12, 2040) (Justice Black) by Court reversed convictions of a number of Blacks on the grounds that their confessions were obtained in ways that violated their due procss rights. Case is noted principally for its …
Article • January 11, 2002
Filed under: Standing, Punch And Jurists
Calderon v. Ashmus, No. 97-391 (U.S. Supreme Court) (523 U.S. 740; 118 S.Ct. 1694) (May 26, 1998) (Justice Rehnquist) by Here the Court held that the defendant's action for declaratory judgment and injunctive relief was not a justiciable case within the meaning of Article III since no habeas proceeding had …
Article • January 11, 2002
U.S. v. Ramirez, No. 96-1469 (U.S. Supreme Court) (523 U.S. 65; 118 S.Ct. 992) (March 4, 1998) (Justice Rehnquist) by ATF agents obtained a no-knock warrant for Ramirez's residence, to look for a fugitive. The fugitive was not found, but a firearm was found in the possession of Ramirez, who …
Article • January 11, 2002
Simmons v. South Carolina, No. 92-9059 (U.S. Supreme Court) (512 U.S. 154; 114 S.Ct. 2187) (June 17, 1994) (Justice Blackmun) by In this case, the defendant was tried and convicted of capital murder. Under South Carolina law, the defendant was ineligible for parole because he had previously pleaded guilty to …
Article • January 9, 2002
Mullane v. Central Hanover Bank & Trust Co., No. 378 (U.S. Supreme Court) (339 U.S. 306; 70 S.Ct. 652) (April 24, 2050) (Justice Jackson) by In this case, the Court established the framework for evaluating the adequacy of notice for due process purposes. The case involved a proceeding in which …
Article • January 9, 2002
Filed under: Punch And Jurists
U.S. v. Morgan, No. 31 (U.S. Supreme Court) (346 U.S. 502; 74 S.Ct. 247) (January 4, 2054) (Justice Reed) by In reference to a motion for a writ of error coram nobis, the Court stated: "Such a motion is a step in the criminal case and not, like habeas corpus …
Article • January 7, 2002
Rochin v. California, No. 83 (U.S. Supreme Court) (342 U.S. 165; 72 S.Ct. 205) (January 2, 2052) (Justice Frankfurter) by In this landmark case, three deputy sheriffs acting on a drug tip forcibly entered the plaintiff's bedroom and began inquiring about two morphine capsules sitting on a night stand. The …
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