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U.S. v. Siegelbaum, No. CR No. 02-179-01-PA (D.Or.) (359 F.Supp.2d 1104) (January 24, 2005) (Judge Owen M. Panner)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Siegelbaum, No. CR No. 02-179-01-PA (D.Or.) (359 F.Supp.2d 1104) (January 24, 2005) (Judge Owen M. Panner) by

Mungo v. Duncan, No. 03-2706 (2nd Cir.) (393 F.3d 327) (December 28, 2004) (Judge Pierre N. Leval)

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

Filed under: Retroactivity, Punch And Jurists

Mungo v. Duncan, No. 03-2706 (2nd Cir.) (393 F.3d 327) (December 28, 2004) (Judge Pierre N. Leval) by In this case the Second Circuit held that the Supreme Court’s landmark Confrontation Clause ruling in Crawford v. Washington, 541 U.S. 36 (2004) could not be applied retroactively to cases on collateral …

U.S. v. Carmichael, Jr., No. Crim. No. 2:03CR259-T (M.D.Ala.) (342 F.Supp.2d 1070) (November 12, 2004) (Judge Myron H. Thompson)

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

Filed under: Standing, Punch And Jurists

U.S. v. Carmichael, Jr., No. Crim. No. 2:03CR259-T (M.D.Ala.) (342 F.Supp.2d 1070) (November 12, 2004) (Judge Myron H. Thompson) by Defendant was charged with drug conspiracy and money laundering and subsequently created a website identifying federal agents and informants for the putative purpose of obtaining information. One agent moved to …

Britt v. North Carolina, No. 70-5041 (U.S. Supreme Court) (404 U.S. 226; 92 S.Ct. 431) (December 13, 1971) (Justice Marshall)

Article • October 18, 2004

Filed under: Transcripts, Punch And Jurists

Britt v. North Carolina, No. 70-5041 (U.S. Supreme Court) (404 U.S. 226; 92 S.Ct. 431) (December 13, 1971) (Justice Marshall) by In this case the Court considered whether an indigent defendant was entitled to a free transcript of his own previous trial, which had ended in a mistrial because the …

Loritz v. U.S. Court of Appeals for Ninth Circuit, No. 04-15028 (9th Cir.) (382 F.3d 990) (February 4, 2000) (Per Curiam)

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

Filed under: Standing, Punch And Jurists

Loritz v. U.S. Court of Appeals for Ninth Circuit, No. 04-15028 (9th Cir.) (382 F.3d 990) (February 4, 2000) (Per Curiam) by This decision adds a bit more lore (if not law) to the ongoing debate about the ever-expanding use of unpublished decisions in the Federal courts. Here, after his …

U.S. v. Moussaoui, No. 03-4792 (4th Cir.) (382 F.3d 453) (September 13, 2004) (Judge William W. Jr. Wilkins)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Moussaoui, No. 03-4792 (4th Cir.) (382 F.3d 453) (September 13, 2004) (Judge William W. Jr. Wilkins) by Defendant sought access to certain witnesses designated as enemy combatants which the Government refused on national security grounds. The United States District Court for the Eastern District of Virginia, at Alexandria …

Kennedy v. Lockyer, No. 01-55246 (9th Cir.) (379 F.3d 1041) (August 18, 2004) (Judge Stephen Reinhardt)

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

Filed under: Transcripts, Punch And Jurists

Kennedy v. Lockyer, No. 01-55246 (9th Cir.) (379 F.3d 1041) (August 18, 2004) (Judge Stephen Reinhardt) by Here the Ninth Circuit granted a writ of habeas corpus, holding that the state court had erred in not granting the indigent petitioner's request for a complete record from his first trial, causing …

Blackledge v. Allison, No. 75-1693 (U.S. Supreme Court) (431 U.S. 63; 97 S.Ct. 1621) (May 2, 1977) (Justice Stewart)

Article • June 18, 2004

Filed under: Appeals, Punch And Jurists

Blackledge v. Allison, No. 75-1693 (U.S. Supreme Court) (431 U.S. 63; 97 S.Ct. 1621) (May 2, 1977) (Justice Stewart) by The Court granted certiorari to review a judgment of the United States Court of Appeals for the Fourth Circuit that reversed the summary dismissal of defendant inmate's petition for writ …

Ponnapula v. Ashcroft, No. 03-1255 (3rd Cir.) (373 F.3d 480) (June 28, 2004) (Judge Edward R. Becker)

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

Filed under: Retroactivity, Punch And Jurists

Ponnapula v. Ashcroft, No. 03-1255 (3rd Cir.) (373 F.3d 480) (June 28, 2004) (Judge Edward R. Becker) by Appellants, the Immigration and Naturalization Service, the Department of Justice, and various federal officials, sought review of a judgment from the United States District Court for the Middle District of Pennsylvania, which …

Liteky v. U.S., No. 92-6921 (U.S. Supreme Court) (510 U.S. 540; 114 S.Ct. 1147) (March 7, 1994) (Justice Scalia)

Article • May 11, 2004

Filed under: Recusal, Punch And Jurists

Liteky v. U.S., No. 92-6921 (U.S. Supreme Court) (510 U.S. 540; 114 S.Ct. 1147) (March 7, 1994) (Justice Scalia) by Case held that recusal of judges under 28 USC § 455(a) is subject to the common law doctrine known as the "extrajudicial source" doctrine, which holds that opinions expressed during …

U.S. v. Stephens, No. 02-14656 (11th Cir.) (365 F.3d 967) (April 6, 2004) (Judge Gerald B. Tjoflat)

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

Filed under: Witnesses, Punch And Jurists

U.S. v. Stephens, No. 02-14656 (11th Cir.) (365 F.3d 967) (April 6, 2004) (Judge Gerald B. Tjoflat) by

U.S. v. Kostakis, No. 02-1647 (2nd Cir.) (364 F.3d 45) (April 2, 2004) (Judge Rosemary S. Pooler)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Kostakis, No. 02-1647 (2nd Cir.) (364 F.3d 45) (April 2, 2004) (Judge Rosemary S. Pooler) by Here the Second Circuit held that the Feeney Amendment to the Protect Act applies to cases pending on appeal when the Act was enacted, because the Act’s change in the standard of …

U.S. v. Moussaoui, No. 03-4792 (4th Cir.) (365 F.3d 292) (April 22, 2004) (Judge William W. Jr. Wilkins)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Moussaoui, No. 03-4792 (4th Cir.) (365 F.3d 292) (April 22, 2004) (Judge William W. Jr. Wilkins) by Here the Fourth Circuit overturned a series of sanctions that Judge Brinkema had imposed in this case, due to the Government's refusal, on national security gounds, to give the defedant access …

U.S. v. Phillips, No. 02-30035 (9th Cir.) (367 F.3d 846) (January 28, 2004) (Judge Thomas G. Nelson)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Phillips, No. 02-30035 (9th Cir.) (367 F.3d 846) (January 28, 2004) (Judge Thomas G. Nelson) by In this case, the Ninth Circuit joined with the Fifth, Seventh, Eighth and Eleventh Circuits in holding that the Feeney Amendment, which was enacted as part of the so called “PROTECT Act …

U.S. v. Saucedo-Patino, No. 03-10946 (11th Cir.) (358 F.3d 790) (January 27, 2004) (Judge Susan H. Black)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Saucedo-Patino, No. 03-10946 (11th Cir.) (358 F.3d 790) (January 27, 2004) (Judge Susan H. Black) by In the instant case the appellant was convicted and sentenced for his illegal re-entry after deportation pursuant to 8 U.S.C. §§ 1326(a)(2) and (b)(2). As a result of his previously deportation for …

U.S. v. Moussaoui, No. Crim. 01-455-A (E.D.Va.) (282 F.Supp.2d 480) (October 2, 2003) (Judge Leonie M. Brinkema)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Moussaoui, No. Crim. 01-455-A (E.D.Va.) (282 F.Supp.2d 480) (October 2, 2003) (Judge Leonie M. Brinkema) by In this latest episode of the long-running test of wills between Judge Brinkema and Attorney General Ashcroft, the Court held that the Government's refusal to comply with her earlier orders required, as …

U.S. v. Doe, No. 02-1362 (2nd Cir.) (348 F.3d 64) (October 29, 2003) (Per Curiam)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Doe, No. 02-1362 (2nd Cir.) (348 F.3d 64) (October 29, 2003) (Per Curiam) by Here the Court reversed a sentence imposed by Judge Platt and recused him from the resentencing, holding that the sentence he had imposed had been “improperly affected” by his “annoyance” with the U.S. Attorney’s …

U.S. v. Gonzales, No. 01-2186 (10th Cir.) (344 F.3d 1036) (April 29, 2003) (Judge Mary Beck Briscoe)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Gonzales, No. 01-2186 (10th Cir.) (344 F.3d 1036) (April 29, 2003) (Judge Mary Beck Briscoe) by During the course of a complex criminal prosecution of 23 members of an Albuquerque street gang for various crimes, Judge Vazquez of the D.N.Mex. found that the lead prosecutor in the case, …

Douglas v. California, No. 34 (U.S. Supreme Court) (372 U.S. 353; 83 S.Ct. 814) (March 18, 2063) (Justice Douglas)

Article • August 21, 2003

Filed under: Appeals, Punch And Jurists

Douglas v. California, No. 34 (U.S. Supreme Court) (372 U.S. 353; 83 S.Ct. 814) (March 18, 2063) (Justice Douglas) by Here the Supreme Court established the principle that an indigent defendant's right to counsel extends to the first appeal; and that to deny counsel on appeal to an indigent defendant …

Cani v. U.S., No. 02-12790 (11th Cir.) (331 F.3d 1210) (May 29, 2003) (Judge Stanley Marcus)

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

Filed under: Appeals, Punch And Jurists

Cani v. U.S., No. 02-12790 (11th Cir.) (331 F.3d 1210) (May 29, 2003) (Judge Stanley Marcus) by The pritioner in this case, a federal prisoner proceeding pro se, appealed the dismissal of his petition, pursuant to 18 U.S.C. § 3663, for recalculation of the amount and manner of payment of …