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Abramski v. U.S., No. 12-1493 (U.S. Supreme Court) (573 U.S. 169; 134 S.Ct. 2259) (June 16, 2014) (Justice Kagan)

Article • April 28, 2014 • from P&J June, 2014

Filed under: Punch And Jurists, Straw Purchaser

Abramski v. U.S., No. 12-1493 (U.S. Supreme Court) (573 U.S. 169; 134 S.Ct. 2259) (June 16, 2014) (Justice Kagan) by In this case, a sharply divided Supreme Court sided with advocates of stricter gun controls and upheld the conviction of the petitioner, a former police officer in Virginia, who bought …

Jones v. U.S., No. 13-10026 (U.S. Supreme Court) (574 U.S. ___; 135 S.Ct. 8) (October 14, 2014) (Per Curiam)

Article • April 28, 2014 • from P&J October, 2014

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

Jones v. U.S., No. 13-10026 (U.S. Supreme Court) (574 U.S. ___; 135 S.Ct. 8) (October 14, 2014) (Per Curiam) by Jones v. U.S., No. 13-10026 (U.S. Sup. Ct. Oct 14, 2014) (Per Curiam) U.S. v. St. Hill, No. 13-2097 (1st Cir. Oct. 1, 2014) (Judge William Kayatta) Both of these …

Fernandez v. California, No. 12-7822 (U.S. Supreme Court) (571 U.S. 972; 134 S.Ct. 1126) (February 25, 2014) (Justice Alito)

Article • April 28, 2014 • from P&J March, 2014

Filed under: Punch And Jurists, Consent

Fernandez v. California, No. 12-7822 (U.S. Supreme Court) (571 U.S. 972; 134 S.Ct. 1126) (February 25, 2014) (Justice Alito) by In Georgia v. Randolph, 547 U.S. 103, 122-23 (2006), a divided Supreme Court held that the police cannot enter a home and seize evidence without a warrant where one occupant …

Martinez v. Illinois, No. 13-5967 (U.S. Supreme Court) (572 U.S. 833; 134 S.Ct. 2070) (May 27, 2014) (Per Curiam)

Article • April 28, 2014 • from P&J June, 2014

Filed under: Punch And Jurists

Martinez v. Illinois, No. 13-5967 (U.S. Supreme Court) (572 U.S. 833; 134 S.Ct. 2070) (May 27, 2014) (Per Curiam) by The Fifth Amendment provides, inter alia, that “[n]o person shall be…subject for the same offense to be twice put in jeopardy of life or limb.” In this brief, per curiam …

White v. Woodall, No. 12-794 (U.S. Supreme Court) (572 U.S. 415; 134 S.Ct. 1697) (April 23, 2014) (Justice Scalia)

Article • April 28, 2014 • from P&J April, 2014

Filed under: Punch And Jurists

White v. Woodall, No. 12-794 (U.S. Supreme Court) (572 U.S. 415; 134 S.Ct. 1697) (April 23, 2014) (Justice Scalia) by Most of the myriad cases decided by the Supreme Court since the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) have addressed issues that were so …

Navarette v. California, No. 12-9490 (U.S. Supreme Court) (572 U.S. 393; 134 S.Ct. 1683) (April 22, 2014) (Justice Thomas)

Article • April 28, 2014 • from P&J April, 2014

Filed under: Punch And Jurists, Anonymous Tip

Navarette v. California, No. 12-9490 (U.S. Supreme Court) (572 U.S. 393; 134 S.Ct. 1683) (April 22, 2014) (Justice Thomas) by In this case, a sharply divided Supreme Court expanded significantly the scope of the existing precedents on the right of the police to make a lawful stop and search and …

Paroline v. U.S., No. 12-8561 (U.S. Supreme Court) (572 U.S. 434; 134 S.Ct. 1710) (April 23, 2014) (Justice Kennedy)

Article • April 28, 2014 • from P&J April, 2014

Filed under: Punch And Jurists

Paroline v. U.S., No. 12-8561 (U.S. Supreme Court) (572 U.S. 434; 134 S.Ct. 1710) (April 23, 2014) (Justice Kennedy) by This decision finally resolved (at least in part) a growing, and increasingly contentious, divide among the lower courts over the correct interpretation of 18 U.S.C. § 2259, a component of …

Rosemond v. U.S., No. 12-895 (U.S. Supreme Court) (572 U.S. 65; 134 S.Ct. 1240) (March 5, 2014) (Justice Kagan)

Article • April 28, 2014 • from P&J April, 2014

Filed under: Punch And Jurists, Mens Rea

Rosemond v. U.S., No. 12-895 (U.S. Supreme Court) (572 U.S. 65; 134 S.Ct. 1240) (March 5, 2014) (Justice Kagan) by The question before the Court in this drug deal gone bad case was whether the federal offense of aiding and abetting the use of a firearm during and in relation …

Hall v. Florida, No. 12-10882 (U.S. Supreme Court) (572 U.S. 701; 134 S.Ct. 1986) (May 27, 2014) (Justice Kennedy)

Article • April 28, 2014 • from P&J June, 2014

Filed under: Punch And Jurists

Hall v. Florida, No. 12-10882 (U.S. Supreme Court) (572 U.S. 701; 134 S.Ct. 1986) (May 27, 2014) (Justice Kennedy) by Here, by a 5-4 vote, the Supreme Court rejected as too restrictive a Florida state law that prevented persons with an IQ score of 70 or more from arguing against …

U.S. v. Burrage, No. 12-7515 (U.S. Supreme Court) (571 U.S. 204; 134 S.Ct. 881) (January 27, 2014) (Justice Scalia)

Article • April 28, 2014 • from P&J February, 2014

Filed under: Punch And Jurists, Causation - Results From

U.S. v. Burrage, No. 12-7515 (U.S. Supreme Court) (571 U.S. 204; 134 S.Ct. 881) (January 27, 2014) (Justice Scalia) by Under a key provision of the Controlled Substances Act, namely, 21 U.S.C. § 841(b)(1)(C), a defendant who unlawfully distributes a Schedule I or II drug is eligible for a 20-year …

U.S. v. Castleman, No. 12-1371 (U.S. Supreme Court) (572 U.S. 157; 134 S.Ct. 1405) (March 26, 2014) (Justice Sotomayor)

Article • April 28, 2014 • from P&J April, 2014

Filed under: Punch And Jurists, Physical Force, Use of

U.S. v. Castleman, No. 12-1371 (U.S. Supreme Court) (572 U.S. 157; 134 S.Ct. 1405) (March 26, 2014) (Justice Sotomayor) by Federal law prohibits the possession of firearms by anyone convicted of “a misdemeanor crime of violence.” (18 U.S.C. § 922(g)(9).) The narrow issue addressed by the Court in this case …

Bond v. U.S., No. 12-158 (U.S. Supreme Court) (572 U.S. 844; 134 S.Ct. 2077) (June 2, 2014) (Judge John G. Roberts)

Article • April 28, 2014 • from P&J June, 2014

Filed under: Punch And Jurists, Prosecutorial Overreach

Bond v. U.S., No. 12-158 (U.S. Supreme Court) (572 U.S. 844; 134 S.Ct. 2077) (June 2, 2014) (Judge John G. Roberts) by This was a wild and woolly case on many levels. It involved colorful facts and an astonishingly bold attempt to overreach by Federal prosecutors. At one point, Conservative …

Warger v. Shauers, No. 13-517 (U.S. Supreme Court) (574 U.S. ___; 135 S.Ct. 521) (December 9, 2014) (Justice Sotomayor)

Article • April 28, 2014 • from P&J December, 2014

Filed under: Punch And Jurists, Voire Dire Dishonesty

Warger v. Shauers, No. 13-517 (U.S. Supreme Court) (574 U.S. ___; 135 S.Ct. 521) (December 9, 2014) (Justice Sotomayor) by In this civil case, the Supreme Court showed its continued reluctance to allow verdicts (whether civil or criminal) to be disturbed by testimony about juror misconduct. Here a unanimous Court …

Heien v. North Carolina, No. 13-604 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 530) (December 15, 2014) (Justice (John G.) Roberts)

Article • April 28, 2014 • from P&J December, 2014

Filed under: Punch And Jurists, Mistakes of Law

Heien v. North Carolina, No. 13-604 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 530) (December 15, 2014) (Justice (John G.) Roberts) by In this case, the Supreme Court held that the Fourth Amendment allows for certain mistakes of the law by the police in making stops of automobiles - …

Whiteside v. U.S., No. 13-7152 (4th Cir.) (748 F.3d 541) (April 8, 2014) (Judge Roger L. Gregory)

Article • April 14, 2014 • from P&J April, 2014

Filed under: Punch And Jurists

Whiteside v. U.S., No. 13-7152 (4th Cir.) (748 F.3d 541) (April 8, 2014) (Judge Roger L. Gregory) by This is an important and potentially far reaching habeas corpus decision that addresses the question of whether a federal inmate may use a 28 U.S.C. § 2255 motion to challenge a sentence …

U.S. v. Reyes, No. CR-12-1695 JB (D.N.M.) (9 F.Supp.3d 1196) (March 10, 2014) (Judge James R. Browning)

Article • April 14, 2014 • from P&J April, 2014

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Reyes, No. CR-12-1695 JB (D.N.M.) (9 F.Supp.3d 1196) (March 10, 2014) (Judge James R. Browning) by In U.S. v. Diaz, No. 11-CR-00821-2 (JG), 2013 WL 322243 (E.D.N.Y. Jan. 28, 2013) (P&J, 02/04/13), District Judge John Gleeson on the E.D.N.Y. granted a significant sentence reduction to the defendant - …

U.S. v. Auernheimer, No. 13-1816 (3rd Cir.) ( F.3d ) (April 11, 2014) (Judge Michael A. Chagares)

Article • April 14, 2014 • from P&J April, 2014

Filed under: Punch And Jurists

U.S. v. Auernheimer, No. 13-1816 (3rd Cir.) ( F.3d ) (April 11, 2014) (Judge Michael A. Chagares) by This is an important venue decision in which the Third Circuit reversed the convictions of the defendant for various cybercrimes, on the grounds that venue did not lie in New Jersey (where …

U.S. v. Williams, No. 13-2836 (7th Cir.) (739 F.3d 1064) (January 14, 2014) (Judge Richard A. Posner)

Article • April 14, 2014 • from P&J April, 2014

Filed under: Punch And Jurists, Repayment of Government's "Buy Money"

U.S. v. Williams, No. 13-2836 (7th Cir.) (739 F.3d 1064) (January 14, 2014) (Judge Richard A. Posner) by From the rarified atmosphere of Posnerland comes this sweeping decision expanding the permitted scope of special conditions of supervised release; and, because of the exalted status if its author, Judge Richard Posner, …

Aamer v. Obama, No. 13-5223 (D.C. Cir.) (742 F.3d 1023) (February 11, 2014) (Judge David S. Tatel)

Article • March 10, 2014 • from P&J March, 2014

Filed under: Punch And Jurists

Aamer v. Obama, No. 13-5223 (D.C. Cir.) (742 F.3d 1023) (February 11, 2014) (Judge David S. Tatel) by The three Petitioners in this case are detainees at the U.S. military prison at Guantanamo Bay, Cuba. Although all of them have been cleared for release, they remain confined at Guantanamo, caught …

U.S. v. Archuleta, No. 12-2026 (10th Cir.) (737 F.3d 1287) (December 17, 2013) (Judge Mary Beck Briscoe)

Article • March 10, 2014 • from P&J March, 2014

Filed under: Punch And Jurists, Prejudice

U.S. v. Archuleta, No. 12-2026 (10th Cir.) (737 F.3d 1287) (December 17, 2013) (Judge Mary Beck Briscoe) by This case involved the prosecution and conviction of one Nathan Archuleta for his participation “in a single plan to smuggle drugs on a single day in 2009.” (Id., at 1301). Archuleta was …