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LaGrand v. Stewart, No. 95-99010 (9th Cir.) (133 F.3d 1253) (January 16, 1998) (Judge Thomas G. Nelson)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Cruel and Unusual Punishment

LaGrand v. Stewart, No. 95-99010 (9th Cir.) (133 F.3d 1253) (January 16, 1998) (Judge Thomas G. Nelson) by Case is noted principally for Judge Pregerson's dissent in which he argues that the petitioner's challenge to Arizona's lethal gas statute is ripe for review.

Ceja v. Stewart, No. 98-99000 (9th Cir.) (134 F.3d 1368) (January 20, 1998) (Per Curiam)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Ceja v. Stewart, No. 98-99000 (9th Cir.) (134 F.3d 1368) (January 20, 1998) (Per Curiam) by This case is another eye-opener about the purposes and goals of capital punishment in America. In this case, the petitioner had been incarcerated on death row since December 19, 1974 - a total of …

Ceja v. Stewart, No. 98-99000 (9th Cir.) (134 F.3d 1368) (January 20, 1998) (Per Curiam)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Ceja v. Stewart, No. 98-99000 (9th Cir.) (134 F.3d 1368) (January 20, 1998) (Per Curiam) by This case is another eye-opener about the purposes and goals of capital punishment in America. In this case, the petitioner had been incarcerated on death row since December 19, 1974 - a total of …

U.S. v. Gilchrist, No. 97-7224 (3rd Cir.) (130 F.3d 1131) (December 2, 1997) (Judge William M. Hoeveler)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Punishment

U.S. v. Gilchrist, No. 97-7224 (3rd Cir.) (130 F.3d 1131) (December 2, 1997) (Judge William M. Hoeveler) by Here the Court acknowledged that "Supervised release is punishment; it is the deprivation of some small portion of one's liberty imposed as a punitive measure for a bad act." (Id., at 1134).

Williams v. Hopkins, No. 97-4088 (8th Cir.) (130 F.3d 333) (November 28, 1997) (Judge David R. Hansen)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Williams v. Hopkins, No. 97-4088 (8th Cir.) (130 F.3d 333) (November 28, 1997) (Judge David R. Hansen) by Court stated that "Electrocution has never been found to be cruel and unusual punishment by any American court." (Id., at 337).

Phelps v. Kapnolas, No. 96-2242, No. 2053 (2nd Cir.) (123 F.3d 91) (August 19, 1997) (Judge Guido Calabresi)

Article • October 1, 1997 • from P&J October, 1997

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Phelps v. Kapnolas, No. 96-2242, No. 2053 (2nd Cir.) (123 F.3d 91) (August 19, 1997) (Judge Guido Calabresi) by Case held that seven day bread diet stated a claim under § 1983 as cruel and unusual punishment under the Eighth Amendment.

Phelps v. Kapnolas, No. 96-2242, No. 2053 (2nd Cir.) (123 F.3d 91) (August 19, 1997) (Judge Guido Calabresi)

Article • October 1, 1997 • from P&J October, 1997

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Phelps v. Kapnolas, No. 96-2242, No. 2053 (2nd Cir.) (123 F.3d 91) (August 19, 1997) (Judge Guido Calabresi) by

U.S. v. Campbell, No. 92-1234 (D.D.C.) (959 F.Supp. 20) (April 18, 1997) (Judge Louis F. Oberdorfer)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Cruel and Unusual Punishment

U.S. v. Campbell, No. 92-1234 (D.D.C.) (959 F.Supp. 20) (April 18, 1997) (Judge Louis F. Oberdorfer) by After being reversed by the Court of Appeals for concluding that a 20 year sentence would consitiute cruel and unusual punishment, Judge Oberdorfer requested that the case be assigned to a different judge.

U.S. v. Bruce, No. 96-1652 (7th Cir.) (109 F.3d 323) (March 11, 1997) (Judge Harlington Jr. Wood)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Cruel and Unusual Punishment

U.S. v. Bruce, No. 96-1652 (7th Cir.) (109 F.3d 323) (March 11, 1997) (Judge Harlington Jr. Wood) by In this case, two defendants were charged with an assortment of crimes stemming from four separate armed bank robberies. The charges were severed into two trials. After they were convicted on all …

U.S. v. Various Computers and Computer Equipment, No. 95-3195 (3rd Cir.) (82 F.3d 582) (April 30, 1996) (Judge Max Rosenn)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Punishment

U.S. v. Various Computers and Computer Equipment, No. 95-3195 (3rd Cir.) (82 F.3d 582) (April 30, 1996) (Judge Max Rosenn) by The Court also held that "we hold that forfeiture of proceeds under § 981(a)(1)(C) is not punishment. In reaching this outcome, we remain aware of contrary authority. Lundis urges …

Artway v. Attorney General of State of N.J., No. 95-5195 (3rd Cir.) (81 F.3d 1235) (April 12, 1996) (Judge Edward R. Becker)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Punishment

Artway v. Attorney General of State of N.J., No. 95-5195 (3rd Cir.) (81 F.3d 1235) (April 12, 1996) (Judge Edward R. Becker) by QUOTE OF THE WEEK - While Punch and Jurists frequently pokes fun at the tendency of the courts to quibble over hair-splitting profundities that produce the pedantic …

DiCola v. Food and Drug Admin., No. 94-1689 (D.C. Cir.) (77 F.3d 504) (March 1, 1996) (Judge Douglas Ginsburg)

Article • April 1, 1996 • from P&J April, 1996

Filed under: Punch And Jurists, Punishment

DiCola v. Food and Drug Admin., No. 94-1689 (D.C. Cir.) (77 F.3d 504) (March 1, 1996) (Judge Douglas Ginsburg) by This case involves the power of the Food and Drug Administration to permanently debar anyone convicted of a felony related to the Federal regulation of drug products from thereafter "providing …

U.S. v. Walls, No. 94-3033 (D.C. Cir.) (70 F.3d 1323) (December 8, 1995) (Judge A. Raymond Randolph)

Article • January 1, 1996 • from P&J January, 1996

Filed under: Punch And Jurists, Cruel and Unusual Punishment

U.S. v. Walls, No. 94-3033 (D.C. Cir.) (70 F.3d 1323) (December 8, 1995) (Judge A. Raymond Randolph) by Here the Court rejected Judge Oberdorfer's conclusions that the Guidelines sentencing scheme for crack cocaine was "cruel", "racist", and "arbitrary and capricious" and violated the Eighth Amendment's prohibitions against cruel and unusual …

McKenzie v. Day, No. 95-99006 (9th Cir.) (57 F.3d 1461) (May 8, 1995) (Judge Alex Kozinski)

Article • August 1, 1995

Filed under: Punch And Jurists, Cruel and Unusual Punishment

McKenzie v. Day, No. 95-99006 (9th Cir.) (57 F.3d 1461) (May 8, 1995) (Judge Alex Kozinski) by In this case the Court held that it would not constitute cruel and unusual punishment to exectue a prisoner after a delay of 20 years between his date of conviction and his date …

McKenzie v. Day, No. 95-99006 (9th Cir.) (57 F.3d 1493) (May 9, 1995) (Per Curiam)

Article • August 1, 1995

Filed under: Punch And Jurists, Cruel and Unusual Punishment

McKenzie v. Day, No. 95-99006 (9th Cir.) (57 F.3d 1493) (May 9, 1995) (Per Curiam) by Here an en banc court refused to grant a stay from the panel's previous ruling that it would not constitute cruel and unusual punishment to exectue a prisoner after a delay of 20 years …