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Harvey v. Horan, No. Civ. No. 00-1123-A (E.D.Va.) (119 F.Supp.2d 581) (September 29, 2000) (Judge Albert V. Jr. Bryan)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

Harvey v. Horan, No. Civ. No. 00-1123-A (E.D.Va.) (119 F.Supp.2d 581) (September 29, 2000) (Judge Albert V. Jr. Bryan) by

Tollett v. Henderson, No. 72-95 (U.S. Supreme Court) (411 U.S. 258; 93 S.Ct. 1602) (April 17, 1973) (Justice Rehnquist)

Article • September 25, 2000

Filed under: Punch And Jurists, Constitutional Challenges

Tollett v. Henderson, No. 72-95 (U.S. Supreme Court) (411 U.S. 258; 93 S.Ct. 1602) (April 17, 1973) (Justice Rehnquist) by Here the Court held that when a defendant pleads guilty, with the advice of counsel, he cannot in a federal habeas corpus proceeding raise independent claims relating to the deprivation …

In Re McGinn, No. 00-10367 (5th Cir.) (213 F.3d 884) (June 1, 2000) (Per Curiam)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, DNA Evidence/Testing

In Re McGinn, No. 00-10367 (5th Cir.) (213 F.3d 884) (June 1, 2000) (Per Curiam) by Here the Court held that advances in DNA technology five years after the defendant's trial and conviction was not enough, on its own, to warrant granting leave to file a second or successive writ …

American Immigration Lawyers Ass'n v. Reno, No. 98-5463 (D.D.C.) (199 F.3d 1352) (January 11, 2000) (Judge A. Raymond Randolph)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Constitutional Challenges

American Immigration Lawyers Ass'n v. Reno, No. 98-5463 (D.D.C.) (199 F.3d 1352) (January 11, 2000) (Judge A. Raymond Randolph) by Some excerpts from an article in The New York Times in which columnist Nicholas Kristof recounted his interviews with five female aliens seeking asylum in America and are being held …

Roe v. Marcotte, No. 98-2790 (2nd Cir.) (193 F.3d 72) (September 16, 1999) (Judge Rosemary S. Pooler)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, DNA Evidence/Testing

Roe v. Marcotte, No. 98-2790 (2nd Cir.) (193 F.3d 72) (September 16, 1999) (Judge Rosemary S. Pooler) by Here the Second Circuit joined a number of other Circuits in holding that incarcerated sex offenders may be forced to submit blood samples for inclusion in a state DNA bank for future …

U.S. v. Tibbs, No. 96CR10153-NG (D.Mass.) (49 F.Supp.2d 47) (May 14, 1999) (Judge Nancy Gertner)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Tibbs, No. 96CR10153-NG (D.Mass.) (49 F.Supp.2d 47) (May 14, 1999) (Judge Nancy Gertner) by QUOTE OF THE WEEK - One of the classic observations about how the rights of the Constitution are eroded. "It may be that it is the obnoxious thing in its mildest and least repulsive …

U.S. v. Meade, No. 98-1905 (1st Cir.) (175 F.3d 215) (May 11, 1999) (Judge Bruce M. Selya)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Meade, No. 98-1905 (1st Cir.) (175 F.3d 215) (May 11, 1999) (Judge Bruce M. Selya) by Here the Court rejected a broad series of constitutional challenges to 18 USC §§ 922(g)(8) and 922(g)(9), generally affirming the district court's decision reported at 986 F.Supp. 66. The Court noted that …

U.S. v. Shea, No. 97-1827 (1st Cir.) (159 F.3d 37) (November 2, 1998) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Shea, No. 97-1827 (1st Cir.) (159 F.3d 37) (November 2, 1998) (Judge Juan R. Torruella) by Court strongly endorsed Judge Barbadoro's decision at 957 F.Supp. 331 where he explained in detail why the PCR method of DNA testing was sufficiently reliable to be admissible in criminal proceedings.

U.S. v. Mound, No. 97-4162 (8th Cir.) (149 F.3d 799) (July 9, 1998) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Mound, No. 97-4162 (8th Cir.) (149 F.3d 799) (July 9, 1998) (Judge Richard S. Arnold) by Here the 8th Circuit rejected a broad constitutional challenge to Rule 413 which permits the admission into evidence of details pf a defendant's past sex offenses.

U.S. v. Gaines, No. 96-6159-CR (S.D.Fla.) (979 F.Supp. 1429) (October 3, 1997) (Judge Alan S. Gold)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Gaines, No. 96-6159-CR (S.D.Fla.) (979 F.Supp. 1429) (October 3, 1997) (Judge Alan S. Gold) by Court held that DNA evidence based on the PCR method was admissible in criminal proceedings.

U.S. v. Shea, No. Crim. No. 96-12-01-B (D.N.H.) (957 F.Supp. 331) (March 18, 1997) (Judge Paul J. Barbadoro)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Shea, No. Crim. No. 96-12-01-B (D.N.H.) (957 F.Supp. 331) (March 18, 1997) (Judge Paul J. Barbadoro) by Case contains a long and technical analysis of the PCR method of DNA testing, and generally upholds such evidence as sufficiently scientifically reliable and probative to be admissible under the Daubert …

Klinger v. Department of Corrections, No. 96-1241 (8th Cir.) (107 F.3d 609) (February 25, 1997) (Judge Theodore McMillian)

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

Filed under: Punch And Jurists, Constitutional Challenges

Klinger v. Department of Corrections, No. 96-1241 (8th Cir.) (107 F.3d 609) (February 25, 1997) (Judge Theodore McMillian) by Klinger v. Department of Corrections, 107 F.3d 609 (8th Cir. 1997) (Judge McMillian) Inmates of Suffolk County v. Sheriff of Suffolk Cty., 952 F.Supp. 869 (D.Mass 1997) (Judge Keeton) Both of …

U.S. v. Lowe, No. Cr. No. 95-10404-PBS (D.Mass.) (954 F.Supp. 401) (January 16, 1997) (Judge Patti B. Saris)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Lowe, No. Cr. No. 95-10404-PBS (D.Mass.) (954 F.Supp. 401) (January 16, 1997) (Judge Patti B. Saris) by This detailed and technical decision analyzes the use of DNA testing (using both the RFPL and PCR methods) under Fed.R.Evid. 702, and Judge Saris concluded that it was sufficienlty reliable to …

U.S. v. Beasley, No. 95-3362 (8th Cir.) (102 F.3d 1440) (December 18, 1996) (Judge Pasco M. II Bowman)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Beasley, No. 95-3362 (8th Cir.) (102 F.3d 1440) (December 18, 1996) (Judge Pasco M. II Bowman) by In this case, the Eighth Circuit approved a broad expansion of the use of DNA evidence and the PCR method of testing in criminal cases as a form of scientific evidence …

U.S. v. Hicks, No. 95-30342 (9th Cir.) (103 F.3d 837) (December 24, 1996) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Hicks, No. 95-30342 (9th Cir.) (103 F.3d 837) (December 24, 1996) (Judge Thomas G. Nelson) by The Ninth Circuit become the second Circuit to approve the admissibility of DNA testing by the PCR method.

U.S. v. DeWitt, No. 95-3373WM (8th Cir.) (95 F.3d 1374) (September 19, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. DeWitt, No. 95-3373WM (8th Cir.) (95 F.3d 1374) (September 19, 1996) (Per Curiam) by United States v. DeWitt, 95 F.3d 1374 (8th Cir. 1996) (Per curiam) United States v. Meyers, 95 F.3d 1475 (10th Cir. 1475) (Judge Barrett) In both of these cases the courts dismissed some creative …

U.S. v. Meyers, No. 95-8-79 (10th Cir.) (95 F.3d 1475) (September 6, 1996) (Judge James E. Barrett)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Meyers, No. 95-8-79 (10th Cir.) (95 F.3d 1475) (September 6, 1996) (Judge James E. Barrett) by United States v. DeWitt, 95 F.3d 1374 (8th Cir. 1996) (Per curiam) United States v. Meyers, 95 F.3d 1475 (10th Cir. 1475) (Judge Barrett) In both of these cases the courts dismissed …

U.S. v. Coronado-Cervantes, No. 94-CR-235 MV (D.N.M.) (912 F.Supp. 497) (January 9, 1996) (Judge Martha Vazquez)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Coronado-Cervantes, No. 94-CR-235 MV (D.N.M.) (912 F.Supp. 497) (January 9, 1996) (Judge Martha Vazquez) by In this case, the Government served notice of its intent to use deoxyribonucleic acid (DNA) evidence taken from semen samples in a rape prosecution. Judge Vazquez ruled that the Restriction Fragment Length Polymorphism …