Search | Punch and Jurists

U.S. v. Cole, No. 96-40567 (5th Cir.) (101 F.3d 1076) (December 9, 1996) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Fee Provisions

U.S. v. Cole, No. 96-40567 (5th Cir.) (101 F.3d 1076) (December 9, 1996) (Judge John M. Jr. Duhé) by The cousin of the AEDPA is the Prison Litigation Reform Act (PLRA) which (curiously but perhaps deliberately to divert attention from some of its wilder provisions) was enacted as Title VIII …

U.S. v. Cole, No. 96-40567 (5th Cir.) (101 F.3d 1076) (December 9, 1996) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, In Forma Pauperis

U.S. v. Cole, No. 96-40567 (5th Cir.) (101 F.3d 1076) (December 9, 1996) (Judge John M. Jr. Duhé) by New in forma pauperis provisions contained in 28 USC 1915(a) do not apply to habeas corpus actions.

Plyler v. Moore, No. 96-6884 (4th Cir.) (100 F.3d 365) (November 14, 1996) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Plyler v. Moore, No. 96-6884 (4th Cir.) (100 F.3d 365) (November 14, 1996) (Judge William W. Jr. Wilkins) by This is another decision involving the recently enacted (and hastily drafted) Prison Litigation Reform Act (the "PLRA"). It is noted because it cites some of the sparse legislative history of that …

Plyler v. Moore, No. 96-6884 (4th Cir.) (100 F.3d 365) (November 14, 1996) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Plyler v. Moore, No. 96-6884 (4th Cir.) (100 F.3d 365) (November 14, 1996) (Judge William W. Jr. Wilkins) by This is another decision involving the recently enacted (and hastily drafted) Prison Litigation Reform Act (the "PLRA"). It is noted because it cites some of the sparse legislative history of that …

Benjamin v. Jacobson, No. 75 Civ 3073 (HB) (S.D.N.Y.) (935 F.Supp. 332) (July 23, 1996) (Judge Harold Jr. Baer)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Benjamin v. Jacobson, No. 75 Civ 3073 (HB) (S.D.N.Y.) (935 F.Supp. 332) (July 23, 1996) (Judge Harold Jr. Baer) by Case rejected a broad series of constitutional challenges to the provisions of the PLRA that allow prisons to escape from the effect of "prospective relief" consent decrees. Following his controversial …

U.S. v. Pullen, No. 95-3790 (7th Cir.) (89 F.3d 368) (July 10, 1996) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Mental and Emotional Conditions/Distress/Claims

U.S. v. Pullen, No. 95-3790 (7th Cir.) (89 F.3d 368) (July 10, 1996) (Judge Richard A. Posner) by This Guidelines case explores the issue of whether the defendant, who was charged with armed robbery of a bank, was entitled to a downward departure under U.S.S.G. §§ 5H1.3 (Mental and Emotional …

U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard)

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

Filed under: Punch And Jurists, Mental and Emotional Conditions/Distress/Claims

U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard) by One of the parables that is constantly preached is that a trial judge has a "wide range of discretion" when it comes to awarding downward departures at sentencing, because he is in …

U.S. v. Roe, No. 91-30085 (9th Cir.) (976 F.2d 1216) (October 6, 1992) (Judge David R. Thompson)

Article • January 1, 1994

Filed under: Punch And Jurists, Mental and Emotional Conditions/Distress/Claims

U.S. v. Roe, No. 91-30085 (9th Cir.) (976 F.2d 1216) (October 6, 1992) (Judge David R. Thompson) by The Ninth Circuit held that district court "clearly erred in finding that the tragic circumstances of [defendant's] abusive upbringing were not extraordinary," where the defendant "lived with her drug-addicted mother and her …