Search | Punch and Jurists

Hilton v. Wright, No. 10-135-cv (L) (2nd Cir.) (673 F.3d 120) (March 9, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Civil Rights Actions or Offenses/Bivens Actions

Hilton v. Wright, No. 10-135-cv (L) (2nd Cir.) (673 F.3d 120) (March 9, 2012) (Per Curiam) by In a suit under 42 USC section 1983, the Americans with Disabilities Act (ADA), and the Rehabilitation Act against the New York State Department of Correctional Services and its chief medical officer: 1) …

U.S. v. Wallette, No. 11-2215 (8th Cir.) (686 F.3d 476) (July 9, 2012) (Judge Lavenski R. Smith)

Article • December 1, 2012

Filed under: Punch And Jurists, Evidence - Admissibility/Exclusion of

U.S. v. Wallette, No. 11-2215 (8th Cir.) (686 F.3d 476) (July 9, 2012) (Judge Lavenski R. Smith) by Editor's Note: For a commentary on this decision, see "Eighth Circuit rules missing exhibit did not prejudice criminal defendant," by Sheri Qualters, as published in The National Law Journal on July 11, …

U.S. v. Chapman, No. 10-5071 (4th Cir.) (666 F.3d 220) (January 4, 2012) (Judge Clyde H. Hamilton)

Article • December 1, 2012

Filed under: Punch And Jurists, Misdemeanor Crime of Domestic Violence

U.S. v. Chapman, No. 10-5071 (4th Cir.) (666 F.3d 220) (January 4, 2012) (Judge Clyde H. Hamilton) by In the 01/10/11 issue of P&J, we noted that, in U.S. v. Chester, 628 F.3d 673 (4th Cir. Dec. 30, 2010), the Fourth Circuit had discussed at length the constitutional validity of …

Terranova v. State of New York, No. 09-5025-cv (L) (2nd Cir.) (676 F.3d 305) (April 16, 2012) (Judge Ralph K. Jr. Winter)

Article • December 1, 2012

Filed under: Excessive Force, Punch And Jurists

Terranova v. State of New York, No. 09-5025-cv (L) (2nd Cir.) (676 F.3d 305) (April 16, 2012) (Judge Ralph K. Jr. Winter) by In a suit under 42 USC § 1983 for violation of the appellants' Fourth Amendment right to be free from unreasonable seizure through the use of excessive …

U.S. v. Carter, No. 11-3605-cr (2nd Cir.) (696 F.3d 229) (September 28, 2012) (Judge Jose A. Cabranes)

Article • December 1, 2012

Filed under: Punch And Jurists, Conflicting Provisions

U.S. v. Carter, No. 11-3605-cr (2nd Cir.) (696 F.3d 229) (September 28, 2012) (Judge Jose A. Cabranes) by In a conviction of a defendant for drug-related charges, district court's imposition of the ten-year mandatory minimum sentence is affirmed where a statutory mandatory minimum provision constrains a district court's discretion under …

Reynolds v. Barrett, No. 10-4208-pr (2nd Cir.) (685 F.3d 193) (July 11, 2012) (Judge Richard C. Wesley)

Article • December 1, 2012

Filed under: Punch And Jurists, Equal Protection Clause/Claims

Reynolds v. Barrett, No. 10-4208-pr (2nd Cir.) (685 F.3d 193) (July 11, 2012) (Judge Richard C. Wesley) by In a suit against individual state officials brought pursuant to 42 U.S.C. section 1983 for intentional racial discrimination at Elmira Correctional Facility, the district court's order granting summary judgment to defendants on …

Guamanrriga v. Holder, No. 10-4191-ag (2nd Cir.) (670 F.3d 404) (February 24, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists

Guamanrriga v. Holder, No. 10-4191-ag (2nd Cir.) (670 F.3d 404) (February 24, 2012) (Per Curiam) by On petition for review of a BIA decision affirming an immigration judge's denial of the petitioner's application for cancellation of removal, the petition is denied because the petitioner did not have ten years' continuous …

S.E.C. v. Obus, No. 10-4749-cv (2nd Cir.) (693 F.3d 276) (September 6, 2012) (Judge John M. Jr. Walker)

Article • December 1, 2012

Filed under: Punch And Jurists, Misappropriation Theory

S.E.C. v. Obus, No. 10-4749-cv (2nd Cir.) (693 F.3d 276) (September 6, 2012) (Judge John M. Jr. Walker) by In the SEC's suit against defendants for insider trading in violation of section 10(b) and Rule 10b-5 under both the classical and the misappropriation theories of insider trading, district court's grant …

U.S. v. Williams, No. 11-676-cr (2nd Cir.) (690 F.3d 70) (July 6, 2012) (Judge Debra Ann Livingston)

Article • December 1, 2012

Filed under: Punch And Jurists, Summation

U.S. v. Williams, No. 11-676-cr (2nd Cir.) (690 F.3d 70) (July 6, 2012) (Judge Debra Ann Livingston) by Defendant's conviction for unlawful possession of a firearm by a convicted felon is affirmed, as there is no basis for concluding that defendant was prejudiced by the single improper comment made by …

U.S. v. Moskowitz, No. 12-2423-cr (2nd Cir.) (702 F.3d 731) (December 27, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Suppression of Evidence

U.S. v. Moskowitz, No. 12-2423-cr (2nd Cir.) (702 F.3d 731) (December 27, 2012) (Per Curiam) by In a prosecution of a defendant for his involvement in a fraudulent scheme related to transactions in the common stock of a corporation of which he was a president and CEO, defendant's motion to …

Jones v. Town of New Haven, No. 10-4731-cv (L) (2nd Cir.) (691 F.3d 72) (August 1, 2012) (Judge Pierre N. Leval)

Article • December 1, 2012

Filed under: Punch And Jurists, Immunity - Sovereign/Municipal

Jones v. Town of New Haven, No. 10-4731-cv (L) (2nd Cir.) (691 F.3d 72) (August 1, 2012) (Judge Pierre N. Leval) by In plaintiff's suit against a town brought under 42 U.S.C. section 1983, for the killing of her son by a police officer, alleging numerous claims, including that the …

U.S. v. Briggs, No. 12-2988-cr (2nd Cir.) (697 F.3d 98) (October 5, 2012) (Judge Guido Calabresi)

Article • December 1, 2012

Filed under: Due Process, Punch And Jurists

U.S. v. Briggs, No. 12-2988-cr (2nd Cir.) (697 F.3d 98) (October 5, 2012) (Judge Guido Calabresi) by In a due process challenge to pretrial detention brought by defendant facing substantive and conspiratorial drug crimes, the detention order is affirmed where: 1) under the totality of circumstances, the detention order does …

U.S. v. Barnes, No. 10-3099-cr (2nd Cir.) (693 F.3d 261) (September 4, 2012) (Judge Amalya Lyle Kearse)

Article • December 1, 2012

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Barnes, No. 10-3099-cr (2nd Cir.) (693 F.3d 261) (September 4, 2012) (Judge Amalya Lyle Kearse) by Defendant's convictions for multiple crimes, including, narcotics, racketeering, and firearm offenses are affirmed, where defendant's claim that his Sixth Amendment right to represent himself at trial was violated is rejected, as his …

Young v. Conway, No. 11-830-pr (2nd Cir.) (698 F.3d 69) (October 16, 2012) (Judge Barrington D. Jr. Parker)

Article • December 1, 2012 • from P&J October, 2012

Filed under: Punch And Jurists

Young v. Conway, No. 11-830-pr (2nd Cir.) (698 F.3d 69) (October 16, 2012) (Judge Barrington D. Jr. Parker) by In this habeas case, the State of New York appealed from a decision by a Magistrate Judge in the W.D.N.Y. granting the petitioner, Rudolph Young, a writ of habeas corpus, vacating …

Elfgeeh v. U.S., No. 10-4498-pr (2nd Cir.) (681 F.3d 89) (May 23, 2012) (Judge Ralph K. Jr. Winter)

Article • December 1, 2012

Filed under: Punch And Jurists, Disbarred Attorney

Elfgeeh v. U.S., No. 10-4498-pr (2nd Cir.) (681 F.3d 89) (May 23, 2012) (Judge Ralph K. Jr. Winter) by Denial of a petition for habeas corpus is affirmed, where the appellant's representation was not per se ineffective under the Sixth Amendment, as he had a licensed attorney of record who …

Morris v. Holder, No. 10-4687-ag (2nd Cir.) (676 F.3d 309) (April 23, 2012) (Judge Debra Ann Livingston)

Article • December 1, 2012

Filed under: Punch And Jurists, Post Padilla v. Kentucky

Morris v. Holder, No. 10-4687-ag (2nd Cir.) (676 F.3d 309) (April 23, 2012) (Judge Debra Ann Livingston) by In removal proceedings against a national of Saint Vincent and the Grenadines who had been convicted of second-degree assault in violation of New York Penal Law section 120.05(2), a petition for review …

U.S. v. Batista, No. 10-3284-cr (L) (2nd Cir.) (684 F.3d 333) (June 29, 2012) (Judge Jose A. Cabranes)

Article • December 1, 2012

Filed under: Punch And Jurists

U.S. v. Batista, No. 10-3284-cr (L) (2nd Cir.) (684 F.3d 333) (June 29, 2012) (Judge Jose A. Cabranes) by In a prosecution of two individuals in connection with their membership in a narcotics trafficking ring, convictions and sentences are affirmed against numerous contentions, including: 1) as to one defendant, that …

U.S. v. Pineda-Moreno, No. 08-30385 (9th Cir.) (688 F.3d 1087) (August 6, 2012) (Judge Diarmuid F. O'Scannlain)

Article • December 1, 2012

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Pineda-Moreno, No. 08-30385 (9th Cir.) (688 F.3d 1087) (August 6, 2012) (Judge Diarmuid F. O'Scannlain) by Following denial of his motion to suppress evidence derived from use of mobile tracking devices, 591 F.3d 1212, defendant entered conditional guilty plea in the United States District Court for the District …

U.S. v. Salim, No. 10-3648-cr (2nd Cir.) (690 F.3d 115) (August 24, 2012) (Judge John M. Jr. Walker)

Article • December 1, 2012

Filed under: Punch And Jurists, Sentencing by Videoconferencing

U.S. v. Salim, No. 10-3648-cr (2nd Cir.) (690 F.3d 115) (August 24, 2012) (Judge John M. Jr. Walker) by In a conviction of an inmate for attacking a correctional officer, the judgment of the district court is affirmed, as although the government has not satisfied its burden of proving that …

U.S. v. Voustianiouk, No. 10-4420 (2nd Cir.) (685 F.3d 206) (July 12, 2012) (Judge Rosemary S. Pooler)

Article • December 1, 2012

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Voustianiouk, No. 10-4420 (2nd Cir.) (685 F.3d 206) (July 12, 2012) (Judge Rosemary S. Pooler) by Sentence and conviction for possession and receipt of child pornography are reversed and the matter remanded for further proceedings where: 1) evidence against defendant was seized as a result of a search …