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In Re National Security Letter, No. C 11-02173 SI (N.D.Cal.) (930 F.Supp.2d 1064) (March 14, 2013) (Judge Susan Y. Illston)

Article • April 1, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, National Security Letters

In Re National Security Letter, No. C 11-02173 SI (N.D.Cal.) (930 F.Supp.2d 1064) (March 14, 2013) (Judge Susan Y. Illston) by Within the space of a few years, National Security Letters (NSLs) have become one of the most commonly used - and over-reaching - discovery tools in the FBI’s arsenal …

U.S. v. Meregildo, No. 11 Cr. 576(WHP) (S.D.N.Y.) (883 F.Supp.2d 523) (August 10, 2012) (Judge William H. III Pauley)

Article • April 1, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, Social Networking Sites

U.S. v. Meregildo, No. 11 Cr. 576(WHP) (S.D.N.Y.) (883 F.Supp.2d 523) (August 10, 2012) (Judge William H. III Pauley) by This is another case that shows the dangers of social media; and the Government’s increasing use of social media in criminal prosecutions. Here, after one of the defendants in this …

Milke v. Ryan, No. 07-99001 (9th Cir.) (711 F.3d 998) (March 14, 2013) (Judge Alex Kozinski)

Article • April 1, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, Exculpatory Materials

Milke v. Ryan, No. 07-99001 (9th Cir.) (711 F.3d 998) (March 14, 2013) (Judge Alex Kozinski) by This disgraceful and disturbing case might just represent the perfect example of why and how police misconduct can and will result in the total breakdown of the criminal justice system in America. In …

U.S. v. Carillo-Ayala, No. 11-14473 (11th Cir.) (713 F.3d 82) (March 22, 2013) (Judge Donald W. Molloy)

Article • April 1, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, "In Connection With"

U.S. v. Carillo-Ayala, No. 11-14473 (11th Cir.) (713 F.3d 82) (March 22, 2013) (Judge Donald W. Molloy) by This case explores an interesting question of first impression concerning the so-called sentencing “safety valve,” a provision enacted by Congress in 1994 that enables a Federal sentencing judge to impose a sentence …

ACLU v. Central Intelligence Agency, No. 11-5320 (D.C. Cir.) (710 F.3d 422) (March 15, 2013) (Judge Merrick B. Garland)

Article • April 1, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, Use of Drones

ACLU v. Central Intelligence Agency, No. 11-5320 (D.C. Cir.) (710 F.3d 422) (March 15, 2013) (Judge Merrick B. Garland) by In The New York Times v. U.S. Dept. of Justice, No. 11 Civ. 9336(CM) (S.D.N.Y. Jan. 2, 2013)(P&J, 01/07/13), District Judge Colleen McMahon of the S.D.N.Y. denied a Freedom of …

Florida v. Jardines, No. 11-564 (U.S. Supreme Court) (569 U.S. 1; 133 S.Ct. 1409) (March 26, 2013) (Justice Scalia)

Article • April 1, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, Canine search

Florida v. Jardines, No. 11-564 (U.S. Supreme Court) (569 U.S. 1; 133 S.Ct. 1409) (March 26, 2013) (Justice Scalia) by In this case, the Supreme Court limited the right of the police to use drug-detecting dogs within the “curtilage” of a home without a warrant based on probable cause. It …

Woolard v. Gallagher, No. 12-1437 (4th Cir.) (712 F.3d 865) (March 21, 2013) (Judge Robert Bruce King)

Article • April 1, 2013 • from P&J April, 2013

Filed under: Punch And Jurists

Woolard v. Gallagher, No. 12-1437 (4th Cir.) (712 F.3d 865) (March 21, 2013) (Judge Robert Bruce King) by The debate continues over whether restrictions on the right to carry concealed guns in public and away from the home violate the Second Amendment in the aftermath of District of Columbia v. …

Millbrook v. U.S., No. 11-10362 (U.S. Supreme Court) (569 U.S. 50; 133 S.Ct. 1441) (March 27, 2013) (Justice Thomas)

Article • April 1, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, Law Enforcement Proviso

Millbrook v. U.S., No. 11-10362 (U.S. Supreme Court) (569 U.S. 50; 133 S.Ct. 1441) (March 27, 2013) (Justice Thomas) by Under the common law principle of sovereign immunity, the Federal Government is immune from civil suit unless it has waived its immunity or consented to such a suit. The United …

U.S. v. Duris, No. 11-cr-573 (E.D.Pa.) (881 F.Supp.2d 675) (August 1, 2012) (Judge Magistrate)

Article • March 18, 2013 • from P&J March, 2013

Filed under: Punch And Jurists

U.S. v. Duris, No. 11-cr-573 (E.D.Pa.) (881 F.Supp.2d 675) (August 1, 2012) (Judge Magistrate) by This case is noted for its discussion of a little used and somewhat mysterious Federal statute, the Federal First Offender Act (“FFOA”), which is codified at 18 U.S.C. § 3607. As explained by Magistrate Judge …

U.S. v. Cotterman, No. 09-10139 (9th Cir.) (709 F.3d 952) (March 8, 2013) (Judge M. Margaret McKeown)

Article • March 18, 2013 • from P&J March, 2013

Filed under: Punch And Jurists, Reasonable Suspicion

U.S. v. Cotterman, No. 09-10139 (9th Cir.) (709 F.3d 952) (March 8, 2013) (Judge M. Margaret McKeown) by In this “watershed” en banc decision, the Ninth Circuit became the first Federal Circuit Court to announce a new special rule covering deep, passcode-cracking computer searches at the border. The majority held …

U.S. v. Leitch, No. 11-CR-00609 (JG) (E.D.N.Y.) ( F.Supp.2d ) (February 28, 2013) (Judge John Gleeson)

Article • March 18, 2013 • from P&J March, 2013

Filed under: Punch And Jurists

U.S. v. Leitch, No. 11-CR-00609 (JG) (E.D.N.Y.) ( F.Supp.2d ) (February 28, 2013) (Judge John Gleeson) by Of late, Judge Gleeson has been a highly-vocal and persuasive advocate of a number of major reforms in the bloated, costly and often absurdly unjust Federal sentencing system. He started with his unpublished …

Burt v. Titlow, No. 12-414 (U.S. Supreme Court) (571 U.S. 12; 134 S.Ct. 10) (November 5, 2013) (Justice Alito)

Article • March 18, 2013 • from P&J March, 2013

Filed under: Punch And Jurists, Doubly Deferential Standard

Burt v. Titlow, No. 12-414 (U.S. Supreme Court) (571 U.S. 12; 134 S.Ct. 10) (November 5, 2013) (Justice Alito) by It is probably fitting that, in its first full criminal law opinion of its current Term, the Supreme Court chose to address another of the seemingly endless stream of esoteric …

Bailey v. U.S., No. 11-770 (U.S. Supreme Court) (568 U.S. 186; 133 S.Ct. 1031) (February 19, 2013) (Justice Kennedy)

Article • March 18, 2013 • from P&J March, 2013

Filed under: Punch And Jurists, Proximity to Home

Bailey v. U.S., No. 11-770 (U.S. Supreme Court) (568 U.S. 186; 133 S.Ct. 1031) (February 19, 2013) (Justice Kennedy) by In this case the Court held that the rule of Michigan v. Summers, 452 U.S. 692 (1982), which permits the detention of persons found on the premises during the lawful …

Chaidez v. U.S., No. 11-820 (U.S. Supreme Court) (568 U.S. 342; 133 S.Ct. 1103) (February 20, 2013) (Justice Kagan)

Article • March 18, 2013 • from P&J March, 2013

Filed under: Punch And Jurists, Post Padilla v. Kentucky

Chaidez v. U.S., No. 11-820 (U.S. Supreme Court) (568 U.S. 342; 133 S.Ct. 1103) (February 20, 2013) (Justice Kagan) by In 2010, the Supreme Court issued a blockbuster ruling which held that a Sixth Amendment ineffective assistance of counsel claim could be based on a defense counsel’s failure to inform …

Henderson v. U.S., No. 11-9307 (U.S. Supreme Court) (568 U.S. 266; 133 S.Ct. 1121) (February 20, 2013) (Justice Breyer)

Article • March 18, 2013 • from P&J March, 2013

Filed under: Punch And Jurists, Timeliness

Henderson v. U.S., No. 11-9307 (U.S. Supreme Court) (568 U.S. 266; 133 S.Ct. 1121) (February 20, 2013) (Justice Breyer) by Rule 52(b) of the Fed.R.Crim.P. provides that “[a] plain error that affects substantial rights may be considered [by an appellate court] even though it was not brought to the [trial] …

Evans v. Michigan, No. 11-1327 (U.S. Supreme Court) (568 U.S. 313; 133 S.Ct. 1069) (February 20, 2013) (Justice Sotomayor)

Article • March 18, 2013 • from P&J March, 2013

Filed under: Punch And Jurists

Evans v. Michigan, No. 11-1327 (U.S. Supreme Court) (568 U.S. 313; 133 S.Ct. 1069) (February 20, 2013) (Justice Sotomayor) by In Yeager v. U.S., 557 U.S. 110, 118 (2009), Justice Stevens wrote: "Our cases have recognized that the [Double Jeopardy] Clause embodies two vitally important interests. The first is the …

Johnson v. Williams, No. 11-465 (U.S. Supreme Court) (569 U.S. 289; 133 S.Ct. 1088) (February 20, 2013) (Justice Alito)

Article • March 18, 2013 • from P&J March, 2013

Filed under: Punch And Jurists

Johnson v. Williams, No. 11-465 (U.S. Supreme Court) (569 U.S. 289; 133 S.Ct. 1088) (February 20, 2013) (Justice Alito) by In another of a long line of decisions interpreting the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), the Supreme Court has once again chosen to adopt a rule …

Ryan v. Gonzales, No. 10-930 (U.S. Supreme Court) (568 U.S. 57; 133 S.Ct. 696) (January 8, 2013) (Justice Thomas)

Article • March 18, 2013 • from P&J January, 2013

Filed under: Punch And Jurists, Statute of Limitations

Ryan v. Gonzales, No. 10-930 (U.S. Supreme Court) (568 U.S. 57; 133 S.Ct. 696) (January 8, 2013) (Justice Thomas) by In a pair of consolidated Federal habeas cases involving death row inmates from the states of Arizona and Ohio, a unanimous Supreme Court held that mentally ill state prisoners do …

Smith v. U.S., No. 11-8976 (U.S. Supreme Court) (568 U.S. 106; 133 S.Ct. 714) (January 9, 2013) (Justice Scalia)

Article • March 18, 2013 • from P&J January, 2013

Filed under: Punch And Jurists, Burden of Proof

Smith v. U.S., No. 11-8976 (U.S. Supreme Court) (568 U.S. 106; 133 S.Ct. 714) (January 9, 2013) (Justice Scalia) by In this case the Supreme Court unanimously held that a defendant charged with criminal conspiracy must carry the burden to prove that he withdrew from the conspiracy. In so ruling, …

Florida v. Harris, No. 11-817 (U.S. Supreme Court) (568 U.S. 237; 133 S.Ct. 1050) (February 19, 2013) (Justice Kagan)

Article • March 18, 2013 • from P&J March, 2013

Filed under: Punch And Jurists, Canine search

Florida v. Harris, No. 11-817 (U.S. Supreme Court) (568 U.S. 237; 133 S.Ct. 1050) (February 19, 2013) (Justice Kagan) by Justice Kagan framed the issues of this canine drug search case in her opening paragraph as follows:: “In this case, we consider how a court should determine if the ‘alert’ …