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Marshall v. Columbia Lea Regional Hospital, No. 05-2173 (10th Cir.) (474 F.3d 733) (January 9, 2007) (Judge Robert H. Henry)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Damages, Punch And Jurists

Marshall v. Columbia Lea Regional Hospital, No. 05-2173 (10th Cir.) (474 F.3d 733) (January 9, 2007) (Judge Robert H. Henry) by What does one do when his or her Fourth Amendment rights have been blatantly and arrogantly abused by law enforcement officers who think that they have the absolute right …

Ayers v. Belmontes, No. 05-493 (U.S. Supreme Court) (549 U.S. 7; 127 S.Ct. 469) (November 13, 2006) (Justice Kennedy)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Jury Instructions, Punch And Jurists

Ayers v. Belmontes, No. 05-493 (U.S. Supreme Court) (549 U.S. 7; 127 S.Ct. 469) (November 13, 2006) (Justice Kennedy) by For all practical purposes, this lengthy decision represents little more than a philosophical debate about capital punishment between the conservative and liberal factions on the Supreme Court. Certainly, it adds …

Qassim v. Bush, No. 05-5477 (D.C. Cir.) (466 F.3d 1073) (August 14, 2006) (Per Curiam)

Article • July 1, 2006 • from P&J July, 2006

Filed under: Mootness, Punch And Jurists

Qassim v. Bush, No. 05-5477 (D.C. Cir.) (466 F.3d 1073) (August 14, 2006) (Per Curiam) by Back in 2001, in an effort to show the American people that its Government was being aggressive in the newly-announced War on terrorism, the Government began offering bounties of $5,000 or more for detainees …

Fernandez-Vargas v. Gonzales, No. 04-1376 (U.S. Supreme Court) (548 U.S. 30; 126 S.Ct. 2422) (June 22, 2006) (Justice Souter)

Article • May 1, 2006 • from P&J May, 2006

Filed under: Retroactivity, Punch And Jurists

Fernandez-Vargas v. Gonzales, No. 04-1376 (U.S. Supreme Court) (548 U.S. 30; 126 S.Ct. 2422) (June 22, 2006) (Justice Souter) by In this case, the Supreme Court endorsed a tough application of a 1996 amendment to the immigration laws to certain longtime illegal immigrants, clearing the way for summary deportations of …

U.S. v. Awadallah, No. 05-2566-cr (2nd Cir.) (436 F.3d 125) (January 26, 2006) (Judge Barrington D. Jr. Parker)

Article • January 1, 2006 • from P&J January, 2006

Filed under: Recusal, Punch And Jurists

U.S. v. Awadallah, No. 05-2566-cr (2nd Cir.) (436 F.3d 125) (January 26, 2006) (Judge Barrington D. Jr. Parker) by In this case, the Second Circuit rejected a bid by federal prosecutors to have Judge Shira Scheindlin of the S.D.N.Y. removed from the case of a San Diego college student who …

In Re: Gale Nettles, No. 04-4104 (7th Cir.) (394 F.3d 1001) (January 21, 2005) (Judge Richard A. Posner)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Recusal, Punch And Jurists

In Re: Gale Nettles, No. 04-4104 (7th Cir.) (394 F.3d 1001) (January 21, 2005) (Judge Richard A. Posner) by

U.S. v. Morris, No. 04-7889 (4th Cir.) (429 F.3d 65) (November 7, 2005) (Judge Dennis W. Shedd)

Article • November 1, 2005 • from P&J November, 2005

Filed under: Retroactivity, Punch And Jurists

U.S. v. Morris, No. 04-7889 (4th Cir.) (429 F.3d 65) (November 7, 2005) (Judge Dennis W. Shedd) by Defendant sought review of a decision of the United States District Court for the District of South Carolina, at Spartanburg, which denied defendant's request for relief from her conviction and sentence pursuant …

Abu Ali v. Gonzales, No. CIV.A.04-1258 JDB (D.D.C.) (387 F.Supp.2d 16) (September 19, 2005) (Judge John D. Bates)

Article • October 1, 2005 • from P&J November, 2005

Filed under: Mootness, Punch And Jurists

Abu Ali v. Gonzales, No. CIV.A.04-1258 JDB (D.D.C.) (387 F.Supp.2d 16) (September 19, 2005) (Judge John D. Bates) by Petitioners filed an action against respondent, the United States Attorney General and others, to obtain release of petitioner detainee from incarceration in the Kingdom of Saudi Arabia, which they claimed was …

Bockting v. Bayer, No. 02-15866 (9th Cir.) (418 F.3d 1055) (August 11, 2005) (Per Curiam)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Retroactivity, Punch And Jurists

Bockting v. Bayer, No. 02-15866 (9th Cir.) (418 F.3d 1055) (August 11, 2005) (Per Curiam) by Here, over the dissent of nine judges (who generally represent the conservative side of the Court), the Ninth Circuit declined to rehear en banc its earlier decision reported at Bockting v. Bayer, 399 F.3d …

U.S. v. Dupas, No. 04-50055 (9th Cir.) (417 F.3d 1064) (August 3, 2005) (Judge Susan P. Graber)

Article • July 1, 2005 • from P&J July, 2005

Filed under: Retroactivity, Punch And Jurists

U.S. v. Dupas, No. 04-50055 (9th Cir.) (417 F.3d 1064) (August 3, 2005) (Judge Susan P. Graber) by

Felker v. Turpin, No. 95-8836 (U.S. Supreme Court) (518 U.S. 651; 116 S.Ct. 2333) (June 28, 1996) (Per Curiam)

Article • June 24, 2005

Filed under: Retroactivity, Punch And Jurists

Felker v. Turpin, No. 95-8836 (U.S. Supreme Court) (518 U.S. 651; 116 S.Ct. 2333) (June 28, 1996) (Per Curiam) by In this case, the Supreme Court unanimously held the new habeas corpus limitations in the Anti-Terrorism and Effective Death Penalty Act (AEDPA) are constitutional. This act precludes a successive application …

U.S. v. Taylor, No. 04-4104 (4th Cir.) (414 F.3d 528) (July 11, 2005) (Judge Clyde H. Hamilton)

Article • June 1, 2005 • from P&J June, 2005

Filed under: Appeals, Punch And Jurists

U.S. v. Taylor, No. 04-4104 (4th Cir.) (414 F.3d 528) (July 11, 2005) (Judge Clyde H. Hamilton) by In this case the Court addressed whether a criminal defendant has "a federal constitutional right to effective assistance of counsel with regard to a post-conviction, post-direct appeal motion for reduction of sentence …

Boyde v. California, No. 88-6613 (U.S. Supreme Court) (494 U.S. 370; 110 S.Ct. 1190) (March 5, 1990) (Justice Rehnquist)

Article • April 4, 2005

Filed under: Jury Instructions, Punch And Jurists

Boyde v. California, No. 88-6613 (U.S. Supreme Court) (494 U.S. 370; 110 S.Ct. 1190) (March 5, 1990) (Justice Rehnquist) by Here the Court considered the various standards used by the courts to determine whether a conviction should be reversed based on jury instructions that were amiguous - and a majority …

Marks v. U.S., No. 75-708 (U.S. Supreme Court) (430 U.S. 188; 97 S.Ct. 990) (March 1, 1977) (Justice Powell)

Article • April 1, 2005

Filed under: Retroactivity, Punch And Jurists

Marks v. U.S., No. 75-708 (U.S. Supreme Court) (430 U.S. 188; 97 S.Ct. 990) (March 1, 1977) (Justice Powell) by The petitioners in this case were charged with transporting obscene materials in interstate commerce in violation of 18 U.S.C. § 1465. The conduct that gave rise to the charges occurred …

Bouie v. City of Columbia, No. 10 (U.S. Supreme Court) (378 U.S. 347; 84 S.Ct. 1697) (June 22, 2064) (Justice Brennan)

Article • April 1, 2005

Filed under: Retroactivity, Punch And Jurists

Bouie v. City of Columbia, No. 10 (U.S. Supreme Court) (378 U.S. 347; 84 S.Ct. 1697) (June 22, 2064) (Justice Brennan) by This civil rights case involving a "sit-in" by Blacks is noted for its holding that the Due Process Clause requires that defendants be given fair notice of the …

Armstrong v. U.S., No. Civ. No. 04-4077 (E.D.Pa.) (382 F.Supp.2d 703) (March 28, 2005) (Judge Juan Ramon Sanchez)

Article • March 1, 2005 • from P&J March, 2005

Filed under: Retroactivity, Punch And Jurists

Armstrong v. U.S., No. Civ. No. 04-4077 (E.D.Pa.) (382 F.Supp.2d 703) (March 28, 2005) (Judge Juan Ramon Sanchez) by In this case, Michael Armstrong was found guilty at trial of various drug crimes; and, on April 19, 2001, he was sentenced to 300 months in prison. The Third Circuit affirmed …

Guzman v. U.S., No. 03-2446-pr (2nd Cir.) (404 F.3d 139) (April 8, 2005) (Judge Dennis G. Jacobs)

Article • March 1, 2005 • from P&J March, 2005

Filed under: Retroactivity, Punch And Jurists

Guzman v. U.S., No. 03-2446-pr (2nd Cir.) (404 F.3d 139) (April 8, 2005) (Judge Dennis G. Jacobs) by Here the Court ruled that Booker does not apply to any cases that became final before January 12, 2005, the day Booker was decided. The Court reasoned that Booker was a "new" …

U.S. v. Lyons, No. 6:01-CR-134ORL-31DAB (M.D.Fla.) (352 F.Supp.2d 1231) (September 30, 2004) (Judge Gregory A. Presnell)

Article • March 1, 2005 • from P&J March, 2005

Filed under: Sanctions, Punch And Jurists

U.S. v. Lyons, No. 6:01-CR-134ORL-31DAB (M.D.Fla.) (352 F.Supp.2d 1231) (September 30, 2004) (Judge Gregory A. Presnell) by Defendant was found guilty of drug-conspiracy, carjacking, and various counterfeit-clothing charges. The case had been remanded from the United States Court of Appeals for the Eleventh Circuit after it found that the Government …

Bockting v. Bayer, No. 02-15866 (9th Cir.) (399 F.3d 1010) (February 22, 2005) (Judge M. Margaret McKeown)

Article • February 1, 2005 • from P&J February, 2005

Filed under: Retroactivity, Punch And Jurists

Bockting v. Bayer, No. 02-15866 (9th Cir.) (399 F.3d 1010) (February 22, 2005) (Judge M. Margaret McKeown) by In this case, a divided panel from the Ninth Circuit held that the Supreme Court’s landmark Confrontation Clause decision in Crawford v. Washington, 541 U.S. 36 (2004) was retroactive for purposes of …

Rucker v. U.S., No. 2:04-CV-00914PGC (D.Utah) (382 F.Supp.2d 1288) (February 10, 2005) (Judge Paul G. Cassell)

Article • January 1, 2005 • from P&J January, 2005

Filed under: Retroactivity, Punch And Jurists

Rucker v. U.S., No. 2:04-CV-00914PGC (D.Utah) (382 F.Supp.2d 1288) (February 10, 2005) (Judge Paul G. Cassell) by