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Rumsfeld v. Padilla, No. 03-1027 (U.S. Supreme Court) (542 U.S. 426; 124 S.Ct. 2711) (June 28, 2004) (Justice Rehnquist)

Article • June 1, 2004 • from P&J June, 2004

Filed under: Punch And Jurists, Terrorist Designation/Terrorism Label

Rumsfeld v. Padilla, No. 03-1027 (U.S. Supreme Court) (542 U.S. 426; 124 S.Ct. 2711) (June 28, 2004) (Justice Rehnquist) by This decision was perhaps the most surprising of the three companion terrorist detention cases decided by the Supreme Court on June 28, 2004. Jose Padilla is an American citizen who …

Fullmer v. Michigan Dept. of State Police, No. 02-1731 (6th Cir.) (360 F.3d 579) (February 25, 2004) (Judge Martha Craig Daughtrey)

Article • February 1, 2004 • from P&J February, 2004

Filed under: Punch And Jurists, Megan's Laws

Fullmer v. Michigan Dept. of State Police, No. 02-1731 (6th Cir.) (360 F.3d 579) (February 25, 2004) (Judge Martha Craig Daughtrey) by Here the Sixth Circuit reversed a district court ruling which had held a Michigan law requiring the registration of sex offenders was unconstitutional because it had the effect …

U.S. v. Searcy, No. CR 95-AR-0103-E (N.D.Ala.) (293 F.Supp.2d 1248) (November 10, 2003) (Judge William M. Jr. Acker)

Article • February 1, 2004 • from P&J February, 2004

Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)

U.S. v. Searcy, No. CR 95-AR-0103-E (N.D.Ala.) (293 F.Supp.2d 1248) (November 10, 2003) (Judge William M. Jr. Acker) by This case is noted for Judge Acker’s caustic, often mocking, and certainly amusing attack on some of the absurdities of the modern day, politically inspired, approach to restitution and his reaffirmation …

Gwinn v. Awmiller, No. 00-1485 (10th Cir.) (354 F.3d 1211) (January 12, 2004) (Judge Robert H. Henry)

Article • February 1, 2004 • from P&J February, 2004

Filed under: Punch And Jurists, Megan's Laws

Gwinn v. Awmiller, No. 00-1485 (10th Cir.) (354 F.3d 1211) (January 12, 2004) (Judge Robert H. Henry) by Here the plaintiff pled guilty to robbery; and he was sentenced to 10 years in prison. As part of his plea agreement, a sexual assault charge was dismissed. After prison officials classified …

U.S. v. Fell, No. 02-1638 (2nd Cir.) (360 F.3d 135) (March 2, 2004) (Judge John M. Jr. Walker)

Article • February 1, 2004 • from P&J February, 2004

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Fell, No. 02-1638 (2nd Cir.) (360 F.3d 135) (March 2, 2004) (Judge John M. Jr. Walker) by Here the Court vacated Judge Sessions’ decision, previously reported at 217 F.Supp.2d 469 (D.Vt. 2002), in which he declared the Federal Death Penalty Act (18 U.S.C. § 3591-98) unconstitutional. The Circuit …

U.S. v. Lanier, No. 95-1717 (U.S. Supreme Court) (520 U.S. 259; 117 S.Ct. 1219) (March 31, 1997) (Justice Souter)

Article • November 21, 2003

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Lanier, No. 95-1717 (U.S. Supreme Court) (520 U.S. 259; 117 S.Ct. 1219) (March 31, 1997) (Justice Souter) by In this case a state judge was convicted under 18 U.S.C. § 242 of criminally violating the constitutional rights of five women by assaulting them sexually in his chambers. A …

U.S. v. Sampson, No. Cr. 01-10384-MLW (D.Mass.) (275 F.Supp.2d 49) (August 11, 2003) (Judge Mark L. Wolf)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Sampson, No. Cr. 01-10384-MLW (D.Mass.) (275 F.Supp.2d 49) (August 11, 2003) (Judge Mark L. Wolf) by Defendant was charged with carjacking resulting in death. The United States Attorney General filed a notice of intention to seek the death penalty. Defendant moved to dismiss the death penalty charges and …

Broadrick v. Oklahoma, No. 71-1639 (U.S. Supreme Court) (413 U.S. 601; 93 S.Ct. 2908) (June 25, 1973) (Justice White)

Article • September 18, 2003

Filed under: Punch And Jurists, Vagueness/Overbreadth

Broadrick v. Oklahoma, No. 71-1639 (U.S. Supreme Court) (413 U.S. 601; 93 S.Ct. 2908) (June 25, 1973) (Justice White) by In this case the appellant state employees sought review of a decision of the United States District Court for the Western District of Oklahoma, which determined that § 818 of …

Smith v. Goguen, No. 72-1254 (U.S. Supreme Court) (415 U.S. 566; 94 S.Ct. 1242) (March 25, 1974) (Justice Powell)

Article • September 1, 2003

Filed under: Punch And Jurists, Vagueness/Overbreadth

Smith v. Goguen, No. 72-1254 (U.S. Supreme Court) (415 U.S. 566; 94 S.Ct. 1242) (March 25, 1974) (Justice Powell) by Here a divided Court held that a statute that makes it a crime for one to mutilate, trample, deface or "treat contemptuously" the flag of the United States was too …

U.S. v. Haynes, No. CR. 01-20247-D (W.D.Tenn.) (269 F.Supp.2d 970) (May 5, 2003) (Judge Bernice B. Donald)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Haynes, No. CR. 01-20247-D (W.D.Tenn.) (269 F.Supp.2d 970) (May 5, 2003) (Judge Bernice B. Donald) by Here the Court rejected a broad series of constitutional challenges to the Federal Death Penalty Act; but see subsequent decision reported at 265 F.Supp.2d 914 where the Court granted some defense motions …

U.S. v. Sattar, No. 02 CR 395 (JGK) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 16164) (September 15, 2003) (Judge John G. Koeltl)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Foreign Intelligence Surveillance Act (FISA)

U.S. v. Sattar, No. 02 CR 395 (JGK) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 16164) (September 15, 2003) (Judge John G. Koeltl) by In July, Judge Koeltl dismissed the two most serious anti-terrorist charges against the embattled criminal defense attorney, Lynne Stewart, who had been accused of providing material support and …

U.S. v. Haynes, No. CRIM.01-202470D (W.D.Tenn.) (265 F.Supp.2d 914) (May 15, 2003) (Judge Bernice B. Donald)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Haynes, No. CRIM.01-202470D (W.D.Tenn.) (265 F.Supp.2d 914) (May 15, 2003) (Judge Bernice B. Donald) by Here the Court granted the defendant's motion for a jury instruction that a sentence of death is never required under the Federal Death Penalty Act - even if the aggravating factors sufficiently outweigh …

Holy Land Foundation v. Ashcroft, No. 02-5307 (D.C. Cir.) (333 F.3d 156) (June 20, 2003) (Judge David B. Sentelle)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Terrorist Designation/Terrorism Label

Holy Land Foundation v. Ashcroft, No. 02-5307 (D.C. Cir.) (333 F.3d 156) (June 20, 2003) (Judge David B. Sentelle) by

Tesmer v. Granholm, No. 00-1824 (6th Cir.) (333 F.3d 683) (June 17, 2003) (Judge Boyce F. Jr. Martin)

Article • July 1, 2003 • from P&J July, 2003

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

Tesmer v. Granholm, No. 00-1824 (6th Cir.) (333 F.3d 683) (June 17, 2003) (Judge Boyce F. Jr. Martin) by In recent years, as the states have struggled to find ways to curb the ever-spiraling costs of two decades of dramatically increased incarceration efforts, we have seen a proliferation of new …

Virginia v. Hicks, No. 02-371 (U.S. Supreme Court) (539 U.S. 113; 123 S.Ct. 2191) (June 16, 2003) (Justice Scalia)

Article • June 20, 2003

Filed under: Punch And Jurists, Vagueness/Overbreadth

Virginia v. Hicks, No. 02-371 (U.S. Supreme Court) (539 U.S. 113; 123 S.Ct. 2191) (June 16, 2003) (Justice Scalia) by The issue before the Court in this case was whether a public housing authority’s anti-trespass policy, designed to limit trafic in crime-ridden areas, was facially invalid under the First Amendment's …

U.S. v. Denis, No. 99-714-CR-MORENO (S.D.Fla.) (246 F.Supp.2d 1250) (December 3, 2002) (Judge Federico A. Moreno)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Denis, No. 99-714-CR-MORENO (S.D.Fla.) (246 F.Supp.2d 1250) (December 3, 2002) (Judge Federico A. Moreno) by Defendant moved to preclude the government from seeking the death penalty by filing a motion challenging the constitutionality of the Federal Death Penalty Act (FDPA), 18 U.S.C.S. §§ 3591-3598, and to strike the …

U.S. v. Tinoso, No. 02-10128 (9th Cir.) (327 F.3d 864) (April 25, 2003) (Judge A. Wallace Tashima)

Article • May 1, 2003 • from P&J May, 2003

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

U.S. v. Tinoso, No. 02-10128 (9th Cir.) (327 F.3d 864) (April 25, 2003) (Judge A. Wallace Tashima) by Here, joining six other Circuits, the Court held that the district court exceeded its statutory authority under 18 U.S.C. § 3583(d) by ordering the immediate deportatioon of the defendant as a condition …

U.S. v. O'Driscoll, No. 4:CR-01-277 (M.D.Pa.) (250 F.Supp.2d 432) (July 8, 2002) (Judge Malcolm Muir)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. O'Driscoll, No. 4:CR-01-277 (M.D.Pa.) (250 F.Supp.2d 432) (July 8, 2002) (Judge Malcolm Muir) by The defendant in this case, Michael O’Driscoll, is currently serving a 325 year sentence at the U.S. Penitentiary in Allenwood, PA on a prior kidnapping conviction. On August 29, 2001, he was indicted on …

U.S. v. Matthews, No. 00-CR-269 (N.D.N.Y.) (246 F.Supp.2d 137) (December 31, 2002) (Judge Thomas J. McAvoy)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Matthews, No. 00-CR-269 (N.D.N.Y.) (246 F.Supp.2d 137) (December 31, 2002) (Judge Thomas J. McAvoy) by Defendants were indicted on various drug and firearm charges, murder in connection with drug trafficking, and participation in a racketeering influenced and corrupt organization. Defendants moved the court to (a) declare the death …

Manjiyani v. I.N.S., No. 01-70415 (9th Cir.) (324 F.3d 1138) (April 11, 2003) (Judge Mary H. Murguia)

Article • April 1, 2003 • from P&J April, 2003

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

Manjiyani v. I.N.S., No. 01-70415 (9th Cir.) (324 F.3d 1138) (April 11, 2003) (Judge Mary H. Murguia) by The alien-petitioner in this case sought review of an order of the United States Board of Immigration Appeals, which affirmed the denial of her motion to reopen deportation proceedings. The issue was …