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U.S. v. Gurley, No. 10-10310-WGY (D.Mass.) (860 F.Supp.2d 95) (May 17, 2012) (Judge William G. Young)
Article • June 11, 2012 • from P&J June, 2012
Filed under: Punch And Jurists, Role of Jury
U.S. v. Gurley, No. 10-10310-WGY (D.Mass.) (860 F.Supp.2d 95) (May 17, 2012) (Judge William G. Young) by Rodney Gurley was indicted for possession crack cocaine with intent to distribute; and, as Judge Young explained, the Government sought “to hammer” Gurley into pleading guilty “by threatening to file an information against …
ACLU v. Alvarez, No. 11-1286 (7th Cir.) (679 F.3d 583) (May 8, 2012) (Judge Diane S. Sykes)
Article • May 28, 2012 • from P&J May, 2012
Filed under: Punch And Jurists
ACLU v. Alvarez, No. 11-1286 (7th Cir.) (679 F.3d 583) (May 8, 2012) (Judge Diane S. Sykes) by With the advent of new and sophisticated technologies that have made digital recordings simple, cheap and universal, America has seen, in recent years, an explosion of videos on websites like YouTube depicting …
Floyd v. City of New York, No. 08 Civ. 1034 (SAS) (S.D.N.Y.) (283 F.R.D. 153) (May 16, 2012) (Judge Shira A. Scheindlin)
Article • May 28, 2012 • from P&J May, 2012
Filed under: Punch And Jurists
Floyd v. City of New York, No. 08 Civ. 1034 (SAS) (S.D.N.Y.) (283 F.R.D. 153) (May 16, 2012) (Judge Shira A. Scheindlin) by During the period between 2004 and 2009, New York City police officers stopped more than 2.8 million residents and visitors, pursuant to a far reaching “stop-and-frisk” program …
U.S. v. Aleo, No. 10-1569 (6th Cir.) (681 F.3d 290) (May 15, 2012) (Judge Danny J. Boggs)
Article • May 28, 2012 • from P&J May, 2012
Filed under: Punch And Jurists, Compelling Evidence
U.S. v. Aleo, No. 10-1569 (6th Cir.) (681 F.3d 290) (May 15, 2012) (Judge Danny J. Boggs) by Here, the Court vacated a 720 month sentence imposed on a defendant for child pornography finding the sentence was substantively unreasonable, in part because the failure of the court to offer any …
Holder v. Gutierrez, No. 10-1542 (U.S. Supreme Court) (566 U.S. 583; 132 S.Ct. 1542) (May 21, 2012) (Justice Kagan)
Article • May 28, 2012 • from P&J May, 2012
Filed under: Punch And Jurists, Eligibility Criteria
Holder v. Gutierrez, No. 10-1542 (U.S. Supreme Court) (566 U.S. 583; 132 S.Ct. 1542) (May 21, 2012) (Justice Kagan) by Here the Court that the BIA’s interpretation of 8 U.S.C. § 1229b(a) - namely that an alien seeking cancellation of removal must individually satisfy the residency requirements of that statute …
Hedges v. Obama, No. 12 Civ. 331(KBF) (S.D.N.Y.) (2012 WL 2044565) (May 16, 2012) (Judge Katherine B. Forrest)
Article • May 28, 2012 • from P&J May, 2012
Filed under: Punch And Jurists, Detention
Hedges v. Obama, No. 12 Civ. 331(KBF) (S.D.N.Y.) (2012 WL 2044565) (May 16, 2012) (Judge Katherine B. Forrest) by In this decision, Judge Forrest (who was appointed to bench in October, 2011) blocked enforcement of part of a law allowing the indefinite detention and trial by military commission of any …
U.S. v. Whitney, No. 10-10118 (9th Cir.) (673 F.3d 965) (March 7, 2012) (Judge Stephen Reinhardt)
Article • May 28, 2012 • from P&J May, 2012
Filed under: Punch And Jurists, Impermissible Commentary
U.S. v. Whitney, No. 10-10118 (9th Cir.) (673 F.3d 965) (March 7, 2012) (Judge Stephen Reinhardt) by Scott Whitney, an inmate at the Herlong Federal Correctional Institution in California, pled guilty to one count of conspiracy to defraud the Government by filing false claims, in violation of 18 U.S.C. § …
Prude v. Clarke, No. 11-2811 (7th Cir.) (675 F.3d 732) (March 27, 2012) (Judge Richard A. Posner)
Article • May 28, 2012 • from P&J May, 2012
Filed under: Punch And Jurists, Nutraloaf Diet
Prude v. Clarke, No. 11-2811 (7th Cir.) (675 F.3d 732) (March 27, 2012) (Judge Richard A. Posner) by This case is noted for its enlightened discussion of a barbaric practice that is apparently commonplace in a lot of state prisons and local jails - namely feeding “nutraloaf” (also spelled “nutriloaf”) …
Blueford v. Arkansas, No. 10-1320 (U.S. Supreme Court) (566 U.S. 599; 132 S.Ct. 2041) (May 24, 2012) (Justice (John G.) Roberts)
Article • May 28, 2012 • from P&J May, 2012
Filed under: Punch And Jurists
Blueford v. Arkansas, No. 10-1320 (U.S. Supreme Court) (566 U.S. 599; 132 S.Ct. 2041) (May 24, 2012) (Justice (John G.) Roberts) by Here, the Court limited the application of the Double Jeopardy Clause to cases in which the jury has rendered a "final decision"; and held that a defendant could …
U.S. v. Huitron-Guizar, No. 11-8051 (10th Cir.) (678 F.3d 1164) (May 7, 2012) (Judge Paul J. Jr. Kelly)
Article • May 14, 2012 • from P&J May, 2012
Filed under: Punch And Jurists, Illegal Aliens
U.S. v. Huitron-Guizar, No. 11-8051 (10th Cir.) (678 F.3d 1164) (May 7, 2012) (Judge Paul J. Jr. Kelly) by Here the Court joined with the Fifth and Eighth Circuits in rejecting a constitutional challenge to the validity of the Federal alien-in-possession statute, 18 U.S.C. § 822(g)(5)(A), principally on the grounds …
Padilla v. Yoo, No. 09-16478 (9th Cir.) (678 F.3d 748) (May 2, 2012) (Judge Raymond C. Fisher)
Article • May 14, 2012 • from P&J May, 2012
Filed under: Punch And Jurists, Clearly Established Rights
Padilla v. Yoo, No. 09-16478 (9th Cir.) (678 F.3d 748) (May 2, 2012) (Judge Raymond C. Fisher) by Here the Court held that John Yoo, who authored several legal memoranda authorizing coercive interrogation techniques, was entitled to qualified immunity for his actions in a civil rights lawsuit brought by Jose …
U.S. v. Allen, No. 10-2160 (1st Cir.) (670 F.3d 12) (January 6, 2012) (Judge Michael Boudin)
Article • May 14, 2012 • from P&J May, 2012
Filed under: Punch And Jurists, Guilt By Association
U.S. v. Allen, No. 10-2160 (1st Cir.) (670 F.3d 12) (January 6, 2012) (Judge Michael Boudin) by Here the Court affirmed the district court’s refusal to give a “Guilt by Association” instruction to the jury in a tax protestor case, reasoning that a reference to a smilar conviction was too …
Ward v. Chavez, No. 09-17016 (9th Cir.) (678 F.3d 1042) (May 8, 2012) (Judge Jed S. Rakoff)
Article • May 14, 2012 • from P&J May, 2012
Filed under: Punch And Jurists, Failure To Consider the Defendant's Finalcial Resources
Ward v. Chavez, No. 09-17016 (9th Cir.) (678 F.3d 1042) (May 8, 2012) (Judge Jed S. Rakoff) by In this case, the district court (Judge G. Murray Snow of the D.Ariz.) ordered the defendant, who was convicted of armed bank robbery, to pay restitution for his crime, due and payable …
Izaguirre v. Lee, No. 10-CV-3216 (E.D.N.Y.) (856 F.Supp.2d 551) (April 25, 2012) (Judge Joseph F. Bianco)
Article • May 14, 2012 • from P&J May, 2012
Filed under: Punch And Jurists
Izaguirre v. Lee, No. 10-CV-3216 (E.D.N.Y.) (856 F.Supp.2d 551) (April 25, 2012) (Judge Joseph F. Bianco) by For many obvious reasons, getting a conviction or a sentence vacated on the grounds that the trial judge acted vindictively is about as rare as finding the pot pf gold at the end …
U.S. v. Delgado, No. 07-41041 (5th Cir.) (672 F.3d 320) (February 22, 2012) (Judge Edith Brown Clement)
Article • May 14, 2012 • from P&J May, 2012
Filed under: Punch And Jurists
U.S. v. Delgado, No. 07-41041 (5th Cir.) (672 F.3d 320) (February 22, 2012) (Judge Edith Brown Clement) by Here a divided en banc court shrply disagreed over the proper standard of appellate review for forfeited insufficiency-of-the-evidence claims, with the majority holding such claims must be rejected "unless the record is …
U.S. v. Kelly, No. 11-1421 (8th Cir.) (677 F.3d 373) (May 7, 2012) (Judge C. Arlen Beam)
Article • May 14, 2012 • from P&J May, 2012
Filed under: First Amendment, Punch And Jurists
U.S. v. Kelly, No. 11-1421 (8th Cir.) (677 F.3d 373) (May 7, 2012) (Judge C. Arlen Beam) by This case is noted for Judge Bye’s dissent in which he blasted the majority for routinely approving a “thoughtless" special condition of supervised release that prohibited the defendant, from possessing “legal or …
U.S. v. Olano, No. 91-1306 (U.S. Supreme Court) (507 U.S. 725; 113 S.Ct. 1770) (April 26, 1993) (Justice O'Connor)
Article • May 11, 2012
Filed under: Punch And Jurists, Plain Error
U.S. v. Olano, No. 91-1306 (U.S. Supreme Court) (507 U.S. 725; 113 S.Ct. 1770) (April 26, 1993) (Justice O'Connor) by This is one of the Court's leading cases on the distinctions between plain and harmless error as used in Fed.R.Crim.P. 52(a) and (b) when the defendant has failed to make …
U.S. v. Heicklen, No. 10 CR 1154 (KMW) (S.D.N.Y.) (858 F.Supp.2d 256) (April 19, 2012) (Judge Kimba M. Wood)
Article • April 30, 2012 • from P&J April, 2012
Filed under: Punch And Jurists, Jury Nullification
U.S. v. Heicklen, No. 10 CR 1154 (KMW) (S.D.N.Y.) (858 F.Supp.2d 256) (April 19, 2012) (Judge Kimba M. Wood) by In this case, District Judge Kimba Wood dismissed an indictment against Julian Heicklen, who was accused of jury tempering by passing out information on the steps of courthouses all over …
Filarsky v. Delia, No. 10-1018 (U.S. Supreme Court) (566 U.S. 377; 132 S.Ct. 1657) (April 17, 2012) (Justice (John G.) Roberts)
Article • April 30, 2012 • from P&J April, 2012
Filed under: Punch And Jurists, Public versus Private Employees
Filarsky v. Delia, No. 10-1018 (U.S. Supreme Court) (566 U.S. 377; 132 S.Ct. 1657) (April 17, 2012) (Justice (John G.) Roberts) by In this case, a unanimous Supreme Court held that a private attorney temporarily retained by a municipality to conduct an investigation is entitled to the same protections of …
Mohamad v. Palestinian Authority, No. 11-88 (U.S. Supreme Court) (566 U.S. 449; 132 S.Ct. 1702) (April 18, 2012) (Justice Sotomayor)
Article • April 30, 2012 • from P&J April, 2012
Filed under: Punch And Jurists, Individual - Meaning of
Mohamad v. Palestinian Authority, No. 11-88 (U.S. Supreme Court) (566 U.S. 449; 132 S.Ct. 1702) (April 18, 2012) (Justice Sotomayor) by Here a unanimous Supreme Court held that the Torture Victim Prevention Act (28 U.S.C. § 1350, note § 2(a)) which imposes liability on “individuals” for certain acts of torture …
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