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Metrish v. Lancaster, No. 12-547 (U.S. Supreme Court) (569 U.S. 351; 133 S.Ct. 1781) (May 30, 2013) (Justice Ginsburg)

Article • May 27, 2013 • from P&J May, 2013

Filed under: Punch And Jurists

Metrish v. Lancaster, No. 12-547 (U.S. Supreme Court) (569 U.S. 351; 133 S.Ct. 1781) (May 30, 2013) (Justice Ginsburg) by This is another of a long line of habeas cases that have addressed the rigid standards of review established under the Anti-Terrorism and Effective Death Penalty Act of 1996 ("AEDPA"). …

U.S. v. Blewett, No. 12-5226 (6th Cir.) (719 F.3d 482) (May 17, 2013) (Judge Gilbert S. Merritt)

Article • May 27, 2013 • from P&J May, 2013

Filed under: Punch And Jurists, Equal Protection

U.S. v. Blewett, No. 12-5226 (6th Cir.) (719 F.3d 482) (May 17, 2013) (Judge Gilbert S. Merritt) by In August 2010, Congress enacted The Fair Sentencing Act (“FSA”); and, from the outset, that law was not deemed to be one of Congress’ stellar accomplishments. For example, although Congress boldly proclaimed …

In re Warrant to Search a Target Computer, No. H–13–234M (S.D.Tex.) ( F.Supp.2d ) (April 22, 2013) (Judge Magistrate)

Article • May 13, 2013 • from P&J May, 2013

Filed under: Punch And Jurists

In re Warrant to Search a Target Computer, No. H–13–234M (S.D.Tex.) ( F.Supp.2d ) (April 22, 2013) (Judge Magistrate) by Here the Court denied the Government’s “novel request” for a warrant to search an unknown computer at an unknown location after concluding that the Government’s application did not satisfy any …

U.S. v. D.M., No. 12-CR-170 (E.D.N.Y.) (942 F.Supp.2d 327) (May 3, 2013) (Judge Jack B. Weinstein)

Article • May 13, 2013 • from P&J May, 2013

Filed under: Probation, Punch And Jurists

U.S. v. D.M., No. 12-CR-170 (E.D.N.Y.) (942 F.Supp.2d 327) (May 3, 2013) (Judge Jack B. Weinstein) by In a rare and noteworthy Sentencing Memorandum that shows exceptional diligence in the pursuit of a fair and justice sentence, Judge Weinstein explained his reasons for imposing a non-Guidelines sentence of probation on …

U.S. v. Savini, No. 11-4359 (2nd Cir.) (716 F.3d 56) (May 7, 2013) (Judge Jane R. Roth)

Article • May 13, 2013 • from P&J May, 2013

Filed under: Punch And Jurists, Pre-Effective Date Crimes

U.S. v. Savini, No. 11-4359 (2nd Cir.) (716 F.3d 56) (May 7, 2013) (Judge Jane R. Roth) by The issued addressed in this decision was whether a defendant, who was previously convicted of a crack cocaine offense and who received a downward departure based on rendering substantial assistance to the …

U.S. v. Sivilla, No. 11-50484 (9th Cir.) (714 F.3d 1168) (May 7, 2013) (Judge John T. Jr. Noonan)

Article • May 13, 2013 • from P&J May, 2013

Filed under: Punch And Jurists

U.S. v. Sivilla, No. 11-50484 (9th Cir.) (714 F.3d 1168) (May 7, 2013) (Judge John T. Jr. Noonan) by In this case, the Ninth Circuit vacated a criminal conviction and remanded for a new trial, after concluding that the district court committed reversible error by failing to give a requested …

National Rifle Association v. B.A.T.F., No. 11-10959 (5th Cir.) (714 F.3d 334) (April 30, 2013) (Per Curiam)

Article • May 13, 2013 • from P&J May, 2013

Filed under: Punch And Jurists

National Rifle Association v. B.A.T.F., No. 11-10959 (5th Cir.) (714 F.3d 334) (April 30, 2013) (Per Curiam) by With increasing fervor and ferocity, the National Rifle Association (“NRA”) is accelerating its all-out assault on gun control laws of every type and description throughout the United States - perhaps in an …

U.S. v. Jennings, No. 11-50315 (9th Cir.) (711 F.3d 1144) (April 3, 2013) (Judge Richard R. Clifton)

Article • April 29, 2013 • from P&J April, 2013

Filed under: Punch And Jurists

U.S. v. Jennings, No. 11-50315 (9th Cir.) (711 F.3d 1144) (April 3, 2013) (Judge Richard R. Clifton) by This is another of a string of recent rulings that suggests it doesn’t take much for a court to find that a defendant has used “sophisticated means” in a tax fraud case …

Moncrieffe v. Holder, No. 11-702 (U.S. Supreme Court) (569 U.S. 184; 133 S.Ct. 1678) (April 23, 2013) (Justice Sotomayor)

Article • April 29, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, Marijuana - Social Use

Moncrieffe v. Holder, No. 11-702 (U.S. Supreme Court) (569 U.S. 184; 133 S.Ct. 1678) (April 23, 2013) (Justice Sotomayor) by By a 7-2 vote, the Supreme Court extended a small degree of leniency (and a large dose of rationality) to the U.S. immigration laws by holding that non-citizens living legally …

Kiobel v. Royal Dutch Petroleum Co., No. 10-1491 (U.S. Supreme Court) (569 U.S. 108; 133 S.Ct. 1659) (April 17, 2013) (Justice (John G.) Roberts)

Article • April 29, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, Corporate Liability

Kiobel v. Royal Dutch Petroleum Co., No. 10-1491 (U.S. Supreme Court) (569 U.S. 108; 133 S.Ct. 1659) (April 17, 2013) (Justice (John G.) Roberts) by uThe Alien Tort Statute (“ATS”) which was enacted by the First Congress in 1789 and which is currently codified at 28 U.S.C. § 1350, states …

U.S. v. Douglas, No. 11-5384-cr (2nd Cir.) (713 F.3d 694) (April 15, 2013) (Judge Gerard E. Lynch)

Article • April 29, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, Sentencing Dispariy

U.S. v. Douglas, No. 11-5384-cr (2nd Cir.) (713 F.3d 694) (April 15, 2013) (Judge Gerard E. Lynch) by In this case, the Court was called upon to assess the substantive reasonableness of an above-Guidelines, add-on sentence of 54 months imposed on Cameron Douglas (the son of Hollywood actor Michael Douglas), …

Missouri v. McNeely, No. 11-1425 (U.S. Supreme Court) (569 U.S. 141; 133 S.Ct. 1552) (April 17, 2013) (Justice Sotomayor)

Article • April 29, 2013 • from P&J April, 2013

Filed under: Punch And Jurists

Missouri v. McNeely, No. 11-1425 (U.S. Supreme Court) (569 U.S. 141; 133 S.Ct. 1552) (April 17, 2013) (Justice Sotomayor) by In this case, a divided Supreme Court struck down a Missouri law that allowed police routinely to force drunk-driving suspects to give blood samples without a warrant and without consent. …

S.E.C. v. CR Intrinsic Investors, LLC, No. 12 Civ. 8466(VM) (S.D.N.Y.) ( F.Supp.2d ) (April 16, 2012) (Judge Victor Marrero)

Article • April 29, 2013 • from P&J April, 2013

Filed under: Punch And Jurists

S.E.C. v. CR Intrinsic Investors, LLC, No. 12 Civ. 8466(VM) (S.D.N.Y.) ( F.Supp.2d ) (April 16, 2012) (Judge Victor Marrero) by On October 19, 2011, the U.S. Securities and Exchange Commission (“SEC”) filed a lawsuit against Citigroup Global Markets, Inc. (“Citigroup”) charging it with “a substantial securities fraud” arising out …

Schmerber v. California, No. 658 (U.S. Supreme Court) (384 U.S. 757; 86 S.Ct. 1826) (June 20, 2066) (Justice Brennan)

Article • April 27, 2013

Filed under: Punch And Jurists

Schmerber v. California, No. 658 (U.S. Supreme Court) (384 U.S. 757; 86 S.Ct. 1826) (June 20, 2066) (Justice Brennan) by In this case the Supreme Court considered the question whether the State had violated an individual's Fourth Amendment rights when it compelled an individual suspected of driving while intoxicated to …

Coleman v. Brown, No. Civ. S-90-520 LKK/JFM (PC) (E.D.Cal.) (922 F.Supp.2d 1004) (April 11, 2013) (Judge Lawrence K. Karlton)

Article • April 15, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, Reduction of Prison Population

Coleman v. Brown, No. Civ. S-90-520 LKK/JFM (PC) (E.D.Cal.) (922 F.Supp.2d 1004) (April 11, 2013) (Judge Lawrence K. Karlton) by Here the Court rejected California’s bid to end federal control over the state prison system’s mental health system, after concluding that “systemic failures persist” in prison mental health care. Coleman …

U.S. v. Barajas, No. 12-3003 (10th Cir.) (710 F.3d 1102) (March 4, 2012) (Judge Paul J. Jr. Kelly)

Article • April 15, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, Good Faith Exception

U.S. v. Barajas, No. 12-3003 (10th Cir.) (710 F.3d 1102) (March 4, 2012) (Judge Paul J. Jr. Kelly) by In U.S. v. Jones, 565 U.S. ___, 132 S.Ct. 945 (2012), the Supreme Court held that “the Government's installation of a GPS device on a target's vehicle, and its use of …

U.S. v. Dotson, No. 12-2945 (7th Cir.) (712 F.3d 369) (April 4, 2013) (Judge Richard A. Posner)

Article • April 15, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, Inoperable Firearms

U.S. v. Dotson, No. 12-2945 (7th Cir.) (712 F.3d 369) (April 4, 2013) (Judge Richard A. Posner) by Here the Court held that a gun is a gun for purposes of prosecution as a felon in possession of a firearm even though the gun was inoperable because of "significant damage, …

U.S. v. Washington, No. CR 11-61-M-DLC (D.Mont.) (887 F.Supp.2d 1077) (August 22, 2012) (Judge Dana L. Christensen)

Article • April 15, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, Federal/State Conflicts

U.S. v. Washington, No. CR 11-61-M-DLC (D.Mont.) (887 F.Supp.2d 1077) (August 22, 2012) (Judge Dana L. Christensen) by According to the Pew Research Center for the People and the Press, a majority of Americans now support the legalization of marijuana. (FN1) In addition, marijuana use is now legal in some …

Anderson v. Colorado, No. 10-cv-01005-RBJ-KMT (D.Colo.) (887 F.Supp.2d 1133) (August 24, 2012) (Judge R. Brooke Jackson)

Article • April 15, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Anderson v. Colorado, No. 10-cv-01005-RBJ-KMT (D.Colo.) (887 F.Supp.2d 1133) (August 24, 2012) (Judge R. Brooke Jackson) by Not long ago, Psychology Professor Craig Haney from the University of California, Santa Cruz, testified before the Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights about the evils of solitary …

U.S. v. Fisher, No. 11-6781 (4th Cir.) (711 F.3d 460) (April 1, 2013) (Judge James A. Jr. Wynn)

Article • April 15, 2013 • from P&J April, 2013

Filed under: Police Misconduct, Punch And Jurists

U.S. v. Fisher, No. 11-6781 (4th Cir.) (711 F.3d 460) (April 1, 2013) (Judge James A. Jr. Wynn) by Under Rule 11(d)(2)(B) of the Fed.R.Crim.P., once a defendant has entered a guilty plea and that plea has been accepted by the court, the plea may be withdrawn before sentencing only …