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Woodward v. Alabama, No. 13-5380 (U.S. Supreme Court) (571 U.S. 1045; 134 S.Ct. 405) (November 18, 2013) (Per Curiam)
Article • March 18, 2013 • from P&J December, 2013
Filed under: Punch And Jurists
Woodward v. Alabama, No. 13-5380 (U.S. Supreme Court) (571 U.S. 1045; 134 S.Ct. 405) (November 18, 2013) (Per Curiam) by In 2008, Mario Dion Woodward was convicted by a jury of capital murder for the fatal shooting of a Montgomery police officer two years earlier. By a vote of eight …
Peterson v. Martinez, No. 11-1149 (10th Cir.) (707 F.3d 1`197) (February 22, 2013) (Judge Carlos Lucero)
Article • March 4, 2013 • from P&J March, 2013
Filed under: Punch And Jurists
Peterson v. Martinez, No. 11-1149 (10th Cir.) (707 F.3d 1`197) (February 22, 2013) (Judge Carlos Lucero) by In this case, a three-judge panel from the Tenth Circuit unanimously held that, “in light of our nation's extensive practice of restricting citizens' freedom to carry firearms in a concealed manner, we hold …
Moore v. Madigan, No. 12-1269 (7th Cir.) (708 F.3d 901) (February 22, 2013) (Per Curiam)
Article • March 4, 2013 • from P&J March, 2013
Filed under: Punch And Jurists
Moore v. Madigan, No. 12-1269 (7th Cir.) (708 F.3d 901) (February 22, 2013) (Per Curiam) by In Moore v. Madigan, 702 F.3d 933 (7th Cir. Dec. 11, 2012) (Moore I) (P&J, 12/24/12), a divided three-judge panel from the Seventh Circuit invalidated, as unconstitutional, a strict Illinois state law that made …
Clapper v. Amnesty International USA, No. 11-1025 (U.S. Supreme Court) (568 U.S. 398; 133 S.Ct. 1138) (February 26, 2013) (Justice Alito)
Article • March 4, 2013 • from P&J March, 2013
Filed under: Standing, Punch And Jurists
Clapper v. Amnesty International USA, No. 11-1025 (U.S. Supreme Court) (568 U.S. 398; 133 S.Ct. 1138) (February 26, 2013) (Justice Alito) by In the wake of 9/11, the three branches of our Federal Government - the Executive, the Legislative and the Judicial - have alternately combined to authorize and approve …
Arizona v. Rumsey, No. 83-226 (U.S. Supreme Court) (467 U.S. 203; 104 S.Ct. 2305) (May 29, 1984) (Justice O'Connor)
Article • February 24, 2013
Filed under: Punch And Jurists
Arizona v. Rumsey, No. 83-226 (U.S. Supreme Court) (467 U.S. 203; 104 S.Ct. 2305) (May 29, 1984) (Justice O'Connor) by In this case, the Court held that a defendant sentenced to life imprisonment by a capital sentencing jury is protected by the Double Jeopardy Clause against imposition of the death …
U.S. v. Peppel, No. 11-4327 (6th Cir.) ( F.3d ) (February 15, 2013) (Judge Karen Nelson Moore)
Article • February 18, 2013 • from P&J February, 2013
Filed under: Punch And Jurists, Below Guidelines Sentence
U.S. v. Peppel, No. 11-4327 (6th Cir.) ( F.3d ) (February 15, 2013) (Judge Karen Nelson Moore) by U.S. v. Howley, 707 F.ed 575 (6th Cir. Feb. 4, 2013) (Judge Jeffrey Sutton) U.S. v. Peppel, 707 F.3d 627 (6th Cir. Feb. 15, 2013) (Judge Karen Nelson Moore) In these two …
U.S. v. Lumbard, No. 12-1209 (6th Cir.) (706 F.3d 716) (February 7, 2013) (Judge Curtis L. Collier)
Article • February 18, 2013 • from P&J February, 2013
Filed under: Punch And Jurists, Identity Theft
U.S. v. Lumbard, No. 12-1209 (6th Cir.) (706 F.3d 716) (February 7, 2013) (Judge Curtis L. Collier) by In this case, the Sixth Circuit affirmed a conviction for aggravated identity theft in violation of 18 U.S.C. § 1028A(a)(1) even though the defendant bought the identity information he used for the …
U.S. v. Petri, No. 11-30337 (9th Cir.) (731 F.3d 833) (April 12, 2013) (Judge Richard C. Tallman)
Article • February 18, 2013 • from P&J August, 2014
Filed under: Punch And Jurists, Factual Disputes/Findings
U.S. v. Petri, No. 11-30337 (9th Cir.) (731 F.3d 833) (April 12, 2013) (Judge Richard C. Tallman) by In its opening paragraph, the Court framed the issue before it as follows: “A full decade after an amendment to Rule 32 of the Federal Rules of Criminal Procedure, we are asked …
U.S. v. Newhouse, No. 11-3030-MWB (N.D.Iowa) ( F.Supp.2d ) (January 30, 2013) (Judge Mark W. Bennett)
Article • February 18, 2013 • from P&J February, 2013
Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence
U.S. v. Newhouse, No. 11-3030-MWB (N.D.Iowa) ( F.Supp.2d ) (January 30, 2013) (Judge Mark W. Bennett) by In this memorable, 68-page long Sentencing Memorandum, Judge Bennett set forth his reasons for imposing a 96-month sentence on Lori Newhouse, “a low-level pill smurfer” who was indicted for manufacturing or attempting to …
Bailey v. Pataki, No. 10-2563 (2nd Cir.) (708 F.3d 391) (February 14, 2013) (Judge Robert D. Sack)
Article • February 18, 2013 • from P&J February, 2013
Filed under: Civil Commitment, Punch And Jurists
Bailey v. Pataki, No. 10-2563 (2nd Cir.) (708 F.3d 391) (February 14, 2013) (Judge Robert D. Sack) by During the period between 1998 and 2005, former New York State Governor George Pataki made repeated attempts to get the New York State Legislature to enact legislation providing for the civil confinement …
U.S. v. Hilton, No. 11-4273 (4th Cir.) (701 F.3d 959) (December 13, 2012) (Judge Barbara Milano Keenan)
Article • February 18, 2013 • from P&J February, 2013
Filed under: Punch And Jurists, Corporate Victims
U.S. v. Hilton, No. 11-4273 (4th Cir.) (701 F.3d 959) (December 13, 2012) (Judge Barbara Milano Keenan) by In this consolidated appeal, three defendants, Jacqueline, Tamatha, and Jimmy Hilton challenged their convictions on charges involving a scheme to defraud The Woodsmiths Company (“Woodsmiths”), a North Carolina furniture manufacturer that was …
U.S. v. Howley, No. 11-6040 (6th Cir.) (707 F.3d 575) (February 4, 2013) (Judge Jeffrey S. Sutton)
Article • February 18, 2013 • from P&J February, 2013
Filed under: Punch And Jurists, Below Guidelines Sentence
U.S. v. Howley, No. 11-6040 (6th Cir.) (707 F.3d 575) (February 4, 2013) (Judge Jeffrey S. Sutton) by U.S. v. Howley, 707 F.3d 575 (6th Cir. Feb. 4, 2013) (Judge Jeffrey Sutton) U.S. v. Peppel, 707 F.3d 627 (6th Cir. Feb. 15, 2013) (Judge Karen Nelson Moore) In these two …
U.S. v. Engelmann, No. 12-1343 (8th Cir.) (701 F.3d 874) (December 19, 2012) (Judge Bobby E. Shepherd)
Article • February 4, 2013 • from P&J February, 2013
Filed under: Punch And Jurists, Case Agents
U.S. v. Engelmann, No. 12-1343 (8th Cir.) (701 F.3d 874) (December 19, 2012) (Judge Bobby E. Shepherd) by This case is noted for its detailed discussion of the scope and meaning of Rule 615 of the Fed.R.Evid., which deals with the exclusion or sequestration of witnesses at trial. In relevant …
Ass'n N.J. Rifle and Pistol Clubs v. Governor of N.J., No. 12-1624 (3rd Cir.) ( F.3d ) (January 30, 2013) (Judge Dolores K. Sloviter)
Article • February 4, 2013 • from P&J February, 2013
Filed under: Punch And Jurists, One Gun Law
Ass'n N.J. Rifle and Pistol Clubs v. Governor of N.J., No. 12-1624 (3rd Cir.) ( F.3d ) (January 30, 2013) (Judge Dolores K. Sloviter) by The current gun control debate has kicked off both a huge wave of new gun control restrictions and an onslaught of legal challenges to gun …
U.S. v. Diaz, No. 11-CR-00821-2 (JG) (E.D.N.Y.) (2013 WL 322243) (January 28, 2013) (Judge John Gleeson)
Article • February 4, 2013 • from P&J February, 2013
Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence
U.S. v. Diaz, No. 11-CR-00821-2 (JG) (E.D.N.Y.) (2013 WL 322243) (January 28, 2013) (Judge John Gleeson) by In U.S. v. Dossie, 851 F.Supp.2d 478 (E.D.N.Y. March 30, 2012) (P&J, 04/16/12), Judge Gleeson presented a brilliant and blistering attack on the spiraling use of mandatory minimum sentences in drug cases; and …
Doe v. Prosecutor, Marion County, No. 12-2512 (7th Cir.) (705 F.3d 694) (January 23, 2013) (Judge Joel L. Flaum)
Article • February 4, 2013 • from P&J February, 2013
Filed under: First Amendment, Punch And Jurists
Doe v. Prosecutor, Marion County, No. 12-2512 (7th Cir.) (705 F.3d 694) (January 23, 2013) (Judge Joel L. Flaum) by In this case, the Seventh Circuit struck down, as unconstitutional, a recent Indiana statute that prohibits most registered sex offenders from using social networking websites, instant messaging services, and chat …
U.S. v. 434 Main St., Tewksbury, MA, No. Civ. No. 09-11635-JGD (D.Mass.) (961 F.Supp.2d 298) (January 24, 2013) (Judge Magistrate)
Article • February 4, 2013 • from P&J February, 2013
Filed under: Punch And Jurists, Innocent Owner Defense
U.S. v. 434 Main St., Tewksbury, MA, No. Civ. No. 09-11635-JGD (D.Mass.) (961 F.Supp.2d 298) (January 24, 2013) (Judge Magistrate) by This case is noted as one of the most outrageous and egregious abuses of the Government’s forfeiture powers (as well as one pf the worst examples of prosecutorial overreach) …
U.S. v. Petrovic, No. 12-1427 (8th Cir.) (701 F.3d 849) (December 13, 2012) (Judge William J. Riley)
Article • February 4, 2013 • from P&J February, 2013
Filed under: Punch And Jurists, Interstate Extortionate Threat Act
U.S. v. Petrovic, No. 12-1427 (8th Cir.) (701 F.3d 849) (December 13, 2012) (Judge William J. Riley) by Jovica Petrovic, the defendant in this case, was one mean and vindictive dude. He and a woman identified as M.B. began a relationship in 2006. They were married in 2009, and later …
Michigan v. Tyler, No. 76-1608 (U.S. Supreme Court) (436 U.S. 499; 98 S.Ct. 1942) (May 31, 1978) (Justice Stewart)
Article • January 29, 2013
Filed under: Punch And Jurists, Emergency Doctrine
Michigan v. Tyler, No. 76-1608 (U.S. Supreme Court) (436 U.S. 499; 98 S.Ct. 1942) (May 31, 1978) (Justice Stewart) by In this case, the Court granted certiorari to consider the applicability of the Fourth and Fourteenth Amendments to official entries onto fire-damaged premises. Here, the respondents, Loren Tyler and Robert …
Turkmen v. Ashcroft, No. 02-CV-2307 (E.D.N.Y.) (915 F.Supp.2d 314) (January 15, 2013) (Judge John Gleeson)
Article • January 18, 2013 • from P&J January, 2013
Filed under: Punch And Jurists, Immunity
Turkmen v. Ashcroft, No. 02-CV-2307 (E.D.N.Y.) (915 F.Supp.2d 314) (January 15, 2013) (Judge John Gleeson) by Way back in 2002, an initial group of seven foreign nationals filed a class action, civil rights lawsuit against former Attorney General John Ashcroft, FBI Director Robert Mueller, former INS Commissioner James Ziglar, and …
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