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U.S. v. Gamma Tech Indus., No. 99-50730 (9th Cir.) (265 F.3d 917) (September 11, 2001) (Judge Alex Kozinski)

Article • October 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists

U.S. v. Gamma Tech Indus., No. 99-50730 (9th Cir.) (265 F.3d 917) (September 11, 2001) (Judge Alex Kozinski) by

U.S. v. Sherman, No. 00-2184 (8th Cir.) (262 F.3d 784) (August 21, 2001) (Judge Roger L. Wollman)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists

U.S. v. Sherman, No. 00-2184 (8th Cir.) (262 F.3d 784) (August 21, 2001) (Judge Roger L. Wollman) by

California v. Trombetta, No. 83-305 (U.S. Supreme Court) (467 U.S. 479; 104 S.Ct. 2528) (June 11, 1984) (Justice Marshall)

Article • September 30, 2001

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

California v. Trombetta, No. 83-305 (U.S. Supreme Court) (467 U.S. 479; 104 S.Ct. 2528) (June 11, 1984) (Justice Marshall) by Case held that Due Process Clause of the Fourteenth Amendment does not require that law enforcement agencies preserve breath samples in order to introduce the results of breath-analysis tests at …

O'Lone v. Estate of Shabazz, No. 85-1722 (U.S. Supreme Court) (482 U.S. 342; 107 S.Ct. 2400) (June 9, 1987) (Justice Rehnquist)

Article • September 29, 2001

Filed under: Punch And Jurists

O'Lone v. Estate of Shabazz, No. 85-1722 (U.S. Supreme Court) (482 U.S. 342; 107 S.Ct. 2400) (June 9, 1987) (Justice Rehnquist) by The respondents in this case were prison inmates who are members of the Islamic faith. They brought suit under 42 USC § 1983 contending that two policies adopted …

U.S. v. Hayman, No. 23 (U.S. Supreme Court) (342 U.S. 205; 72 S.Ct. 263) (January 7, 2052) (Justice Vinson)

Article • September 24, 2001

Filed under: Punch And Jurists

U.S. v. Hayman, No. 23 (U.S. Supreme Court) (342 U.S. 205; 72 S.Ct. 263) (January 7, 2052) (Justice Vinson) by Here the Court discussed the history of the Writ of Habeas Corpus in America and the evolution of 28 USC § 2255, noting that Congress felt it more efficient to …

Upshaw v. U.S., No. 98 (U.S. Supreme Court) (335 U.S. 410; 69 S.Ct. 170) (December 13, 2048) (Justice Black)

Article • September 24, 2001

Filed under: Punch And Jurists, Arraignment Delay

Upshaw v. U.S., No. 98 (U.S. Supreme Court) (335 U.S. 410; 69 S.Ct. 170) (December 13, 2048) (Justice Black) by Here the Court vacated a conviction that was based on a confession that was obtained while the petitioner was being held for some 30 hours before being taken to a …

U.S. v. Mitchell, No. 514 (U.S. Supreme Court) (322 U.S. 65; 64 S.Ct. 896) (April 24, 2044) (Justice Frankfurter)

Article • September 24, 2001

Filed under: Punch And Jurists, Arraignment Delay

U.S. v. Mitchell, No. 514 (U.S. Supreme Court) (322 U.S. 65; 64 S.Ct. 896) (April 24, 2044) (Justice Frankfurter) by Here the court affirmed a conviction based on a confession that was obtained during an illegal detention of eight days, distinguishing this case from the rule laid down in McNabb …

Jones v. Barnes, No. 81-1794 (U.S. Supreme Court) (463 U.S. 745; 103 S.Ct. 3308) (July 5, 1983) (Justice Burger)

Article • September 23, 2001

Filed under: Punch And Jurists, Strickland Standard

Jones v. Barnes, No. 81-1794 (U.S. Supreme Court) (463 U.S. 745; 103 S.Ct. 3308) (July 5, 1983) (Justice Burger) by After the respondent in this case was convicted of robbery and assault in a jury trial in a New York state court, counsel was appointed to represent him on appeal. …

Mitchell v. Forsyth, No. 84-335 (U.S. Supreme Court) (472 U.S. 511; 105 S.Ct. 2806) (June 19, 1985) (Justice White)

Article • September 18, 2001

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

Mitchell v. Forsyth, No. 84-335 (U.S. Supreme Court) (472 U.S. 511; 105 S.Ct. 2806) (June 19, 1985) (Justice White) by Here the Court held that the Attorney General is not absolutely immune from liability for authorizing a warrantless wiretap, because even though arguably related to a potential prosecution, it was …

U.S. v. Feola, No. 73-1123 (U.S. Supreme Court) (420 U.S. 671; 95 S.Ct. 1255) (March 19, 1975) (Justice Blackmun)

Article • September 17, 2001

Filed under: Punch And Jurists, Victims - Official

U.S. v. Feola, No. 73-1123 (U.S. Supreme Court) (420 U.S. 671; 95 S.Ct. 1255) (March 19, 1975) (Justice Blackmun) by Here a divided court held that 18 USC § 111 was enacted to protect both federal officers and federal functions and thus requires no more than proof of an intent …

Rakas v. Illinois, No. 77-5781 (U.S. Supreme Court) (439 U.S. 128; 99 S.Ct. 421) (December 5, 1978) (Justice Rehnquist)

Article • September 17, 2001

Filed under: Standing, Punch And Jurists

Rakas v. Illinois, No. 77-5781 (U.S. Supreme Court) (439 U.S. 128; 99 S.Ct. 421) (December 5, 1978) (Justice Rehnquist) by In this case a divided Court held that the Fourth Amendment protects property, not people, and specifically that a legitimate occupant of an automobile may not invoke the exclusionary rule …

Turner v. Louisiana, No. 53 (U.S. Supreme Court) (379 U.S. 466; 85 S.Ct. 546) (January 18, 2065) (Justice Stewart)

Article • September 10, 2001

Filed under: Punch And Jurists, Jury Coercion/Tampering

Turner v. Louisiana, No. 53 (U.S. Supreme Court) (379 U.S. 466; 85 S.Ct. 546) (January 18, 2065) (Justice Stewart) by In this case two principal witnesses for the prosecution, both deputy sheriffs, served as bailiffs for a sequestered jury throughout a three-day trial. They and other deputy sheriffs drove the …

Hicks v. Oklahoma, No. 78-6885 (U.S. Supreme Court) (447 U.S. 343; 100 S.Ct. 2227) (June 16, 1980) (Justice Stewart)

Article • September 10, 2001

Filed under: Punch And Jurists, Equal Protection Clause/Claims

Hicks v. Oklahoma, No. 78-6885 (U.S. Supreme Court) (447 U.S. 343; 100 S.Ct. 2227) (June 16, 1980) (Justice Stewart) by Here a divided court vacated the petitioner's drug conviction on the grounds that he had been denied due process when he was sentenced under a state habitual offender statute that …

Beck v. Alabama, No. 78-6621 (U.S. Supreme Court) (447 U.S. 625; 100 S.Ct. 2382) (June 20, 1980) (Justice Stevens)

Article • September 10, 2001

Filed under: Punch And Jurists

Beck v. Alabama, No. 78-6621 (U.S. Supreme Court) (447 U.S. 625; 100 S.Ct. 2382) (June 20, 1980) (Justice Stevens) by In the case the Supreme Court granted certiorari to consider the following question: "May a sentence of death constitutionally be imposed after a jury verdict of guilt of a capital …

Berkemer v. McCarthy, No. 83-710 (U.S. Supreme Court) (468 U.S. 420; 104 S.Ct. 3138) (July 2, 1984) (Justice Marshall)

Article • September 2, 2001

Filed under: Punch And Jurists, Miranda

Berkemer v. McCarthy, No. 83-710 (U.S. Supreme Court) (468 U.S. 420; 104 S.Ct. 3138) (July 2, 1984) (Justice Marshall) by In this decision the Supreme Court finally grappled with the issue of whether Miranda warnings are required for a person stopped and questioned in a public setting. The case involved …

U.S. v. Castano-Vasquez, No. 00-3861 (3rd Cir.) (266 F.3d 228) (September 17, 2001) (Judge Julio M. Fuentes)