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Martinez v. Ryan, No. 10-1001 (U.S. Supreme Court) (566 U.S. 1; 132 S.Ct. 1309) (March 20, 2012) (Justice Kennedy)
Article • April 2, 2012 • from P&J April, 2012
Filed under: Punch And Jurists
Martinez v. Ryan, No. 10-1001 (U.S. Supreme Court) (566 U.S. 1; 132 S.Ct. 1309) (March 20, 2012) (Justice Kennedy) by Here a sharply divided held that a federal habeas court may excuse a procedural default of an ineffective-assistance claim when the claim was not properly presented in state court due …
Lafler v. Cooper, No. 10-209 (U.S. Supreme Court) (566 U.S. 156; 132 S.Ct. 1376) (March 21, 2012) (Justice Kennedy)
Article • April 2, 2012 • from P&J April, 2012
Filed under: Punch And Jurists, Effective Assistance of Counsel
Lafler v. Cooper, No. 10-209 (U.S. Supreme Court) (566 U.S. 156; 132 S.Ct. 1376) (March 21, 2012) (Justice Kennedy) by In this, and its companion case, Missouri v. Frye, the Court held, by a 5-4 vote, that criminal defendants have a constitutional right to effective assistance of counsel during plea …
Missouri v. Frye, No. 10-444 (U.S. Supreme Court) (566 U.S. 134; 132 S.Ct. 1399) (March 21, 2012) (Justice Kennedy)
Article • April 2, 2012 • from P&J April, 2012
Filed under: Punch And Jurists, Failure to Disclose
Missouri v. Frye, No. 10-444 (U.S. Supreme Court) (566 U.S. 134; 132 S.Ct. 1399) (March 21, 2012) (Justice Kennedy) by Missouri v. Frye, 566 U.S. ___, 132 S.Ct. 1399 (U.S. Sup. Ct. March 21, 2012) (Justice Kennedy) Lafler v. Cooper, 566 U.S. ___, 132S.Ct. 1376 (U.S. Sup. Ct. March 21, …
Coleman v. Thompson, No. 89-7662 (U.S. Supreme Court) (501 U.S. 722; 111 S.Ct. 2546) (June 24, 1991) (Justice O'Connor)
Article • March 27, 2012
Filed under: Punch And Jurists, Cause and Prejudice
Coleman v. Thompson, No. 89-7662 (U.S. Supreme Court) (501 U.S. 722; 111 S.Ct. 2546) (June 24, 1991) (Justice O'Connor) by In this detailed review of the relatonship between procedural defaults and federal habeas review, the Court held that inter alia a state prisoner's federal habeas petition should be dismissed if …
Martel v. Clair, No. 10-1265 (U.S. Supreme Court) (565 U.S. 648; 132 S.Ct. 1276) (March 5, 2012) (Justice Kagan)
Article • March 19, 2012 • from P&J March, 2012
Filed under: Punch And Jurists, Interests of Justice
Martel v. Clair, No. 10-1265 (U.S. Supreme Court) (565 U.S. 648; 132 S.Ct. 1276) (March 5, 2012) (Justice Kagan) by Here a unanimous Supreme Court held that the proper standard to be used when someone facing a death sentence requests that his appointed counsel be replaced under 18 USC § …
U.S. v. Flores-Lopez, No. 10-3803 (7th Cir.) (670 F.3d 803) (February 29, 2012) (Judge Richard A. Posner)
Article • March 19, 2012 • from P&J March, 2012
Filed under: Punch And Jurists
U.S. v. Flores-Lopez, No. 10-3803 (7th Cir.) (670 F.3d 803) (February 29, 2012) (Judge Richard A. Posner) by Here the Court held that minimally intrusive searches of a cell phone during a search incident to an arrest are permitted under the Fourth Amendment ; but more extensive searches may require …
U.S. v. Weaver, No. 2:09-cr-00222 (S.D.W.Va.) (2012 U.S. Dist. LEXIS 29613) (March 7, 2012) (Judge Thomas E. Johnston)
Article • March 19, 2012 • from P&J March, 2012
Filed under: Punch And Jurists
U.S. v. Weaver, No. 2:09-cr-00222 (S.D.W.Va.) (2012 U.S. Dist. LEXIS 29613) (March 7, 2012) (Judge Thomas E. Johnston) by This case is a continuation of efforts by six defendants, who were alleged members of the Pagans Motorcycle Club (“PMC”), to dismiss a number of counts of an Indictment that charged …
U.S. v. McKnight, No. 10-2297 (7th Cir.) (665 F.3d 786) (November 22, 2011) (Judge Kenneth F. Ripple)
Article • March 19, 2012 • from P&J March, 2012
Filed under: Punch And Jurists, Deceptive Investigative Techniques
U.S. v. McKnight, No. 10-2297 (7th Cir.) (665 F.3d 786) (November 22, 2011) (Judge Kenneth F. Ripple) by U.S. v. McKnight, 665 F.3d 786 (7th Cir. Nov. 22, 2011) (Judge Kenneth Ripple) U.S. v. McKnight, No. 10-2297 (7th Cir. Feb. 6, 2012) (Per Curiam) After a four-year investigation by the …
Woollard v. Sheridan, No. Civ. No. L-10-2068 (D.Md.) ( F.Supp.2d ) (March 2, 2012) (Judge Bensen W. Legg)
Article • March 19, 2012 • from P&J March, 2012
Filed under: Punch And Jurists
Woollard v. Sheridan, No. Civ. No. L-10-2068 (D.Md.) ( F.Supp.2d ) (March 2, 2012) (Judge Bensen W. Legg) by Here the Court held that (a) the right to bear arms includes the right to carry guns outside the home; and (b) that Maryland’s restrictive gun carrying licensing scheme was unconstitutional …
U.S. v. McKnight, No. 10-2297 (7th Cir.) ( F.3d ) (February 6, 2012) (Per Curiam)
Article • March 19, 2012 • from P&J March, 2012
Filed under: Punch And Jurists, Deceptive Investigative Techniques
U.S. v. McKnight, No. 10-2297 (7th Cir.) ( F.3d ) (February 6, 2012) (Per Curiam) by U.S. v. McKnight, 665 F.3d 786 (7th Cir. Nov. 22, 2011) (Judge Kenneth Ripple) U.S. v. McKnight, No. 10-2297 (7th Cir. Feb. 6, 2012) (Per Curiam) After a four-year investigation by the DEA and …
Houston v. City of New Orleans, No. 11-30198 (5th Cir.) (675 F.3d 441) (March 14, 2012) (Judge Rhesa Hawkins Barksdale)
Article • March 19, 2012 • from P&J March, 2012
Filed under: Punch And Jurists
Houston v. City of New Orleans, No. 11-30198 (5th Cir.) (675 F.3d 441) (March 14, 2012) (Judge Rhesa Hawkins Barksdale) by This is an interesting Second Amendment decision in which a divided panel from the Fifth Circuit affirmed the dismissal of a lawsuit seeking the return of a gun that …
U.S. v. Silva-De Hoyos, No. 11-51177 (5th Cir.) (702 F.3d 843) (December 17, 2012) (Judge Priscilla R. Owen)
Article • March 5, 2012 • from P&J March, 2012
Filed under: Punch And Jurists, Denial of Federal Benefits
U.S. v. Silva-De Hoyos, No. 11-51177 (5th Cir.) (702 F.3d 843) (December 17, 2012) (Judge Priscilla R. Owen) by In its struggle to beef of America’s perpetual War on Drugs, Congress continues to bolster the arsenal of weapons that the Government can employ. One of those weapons is 21 U.S.C. …
Kawashima v. Holder, No. 10-577 (U.S. Supreme Court) (565 U.S. 478; 132 S.Ct. 1166) (February 21, 2012) (Justice Thomas)
Article • March 5, 2012 • from P&J March, 2012
Filed under: Punch And Jurists, Tax Fraud
Kawashima v. Holder, No. 10-577 (U.S. Supreme Court) (565 U.S. 478; 132 S.Ct. 1166) (February 21, 2012) (Justice Thomas) by In what seems to be the trillionth time that the Supreme Court has addressed the meaning of the term “aggravated felony,” as used in our Immigration laws, the Court held …
Howes v. Fields, No. 10-680 (U.S. Supreme Court) (565 U.S. 499; 132 S.Ct. 1181) (February 21, 2012) (Justice Alito)
Article • March 5, 2012 • from P&J March, 2012
Filed under: Punch And Jurists, Custodial Interrogations
Howes v. Fields, No. 10-680 (U.S. Supreme Court) (565 U.S. 499; 132 S.Ct. 1181) (February 21, 2012) (Justice Alito) by Here a divided Court held that the prisoner was not entitled to receive any Miranda warnings in advance of a lengthy and coercive prison interrogation on the grounds that imprisonment …
Al-Zahrani v. Rodriguez, No. 10-5393 (D.C. Cir.) (669 F.3d 315) (February 21, 2012) (Judge David B. Sentelle)
Article • March 5, 2012 • from P&J March, 2012
Filed under: Punch And Jurists, Preemption
Al-Zahrani v. Rodriguez, No. 10-5393 (D.C. Cir.) (669 F.3d 315) (February 21, 2012) (Judge David B. Sentelle) by The plaintiffs/appellants in this case are the fathers of two detainees who were held at the United States military base at Guantanamo Bay, Cuba as “enemy combatants.” In January, 2009, they filed …
In Re Grand Jury Subpoena, No. 11-12268 (11th Cir.) (670 F.3d 1335) (February 23, 2012) (Judge Gerald B. Tjoflat)
Article • March 5, 2012 • from P&J March, 2012
Filed under: Punch And Jurists
In Re Grand Jury Subpoena, No. 11-12268 (11th Cir.) (670 F.3d 1335) (February 23, 2012) (Judge Gerald B. Tjoflat) by Here in a case of first impression the Court held that the Fifth Amendment protects a defendant’s refusal to decrypt and produce the contents on software-locked computer hard drives, which …
Doe v. Jindal, No. 11-554-BAJ-SCR (M.D.La.) (853 F.Supp.2d 596) (February 16, 2012) (Judge Brian A. Jackson)
Article • March 5, 2012 • from P&J March, 2012
Filed under: Punch And Jurists
Doe v. Jindal, No. 11-554-BAJ-SCR (M.D.La.) (853 F.Supp.2d 596) (February 16, 2012) (Judge Brian A. Jackson) by In 2011, the State of Louisiana enacted a new law (herein the “Act”) entitled "Unlawful use or access of social media" that made it illegal for registered sex offenders in the State whose …
Messerschmidt v. Millender, No. 10-704 (U.S. Supreme Court) (565 U.S. 535; 132 S.Ct. 1235) (February 22, 2012) (Justice (John G.) Roberts)
Article • March 5, 2012 • from P&J March, 2012
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Messerschmidt v. Millender, No. 10-704 (U.S. Supreme Court) (565 U.S. 535; 132 S.Ct. 1235) (February 22, 2012) (Justice (John G.) Roberts) by Here a divided Court held that two police officers may have erred in executing a search warrant that lacked probable cause, but they were not “plainly incompetent” so …
Miranda v. Arizona, No. 759 (U.S. Supreme Court) (384 U.S. 436; 86 S.Ct. 1602) (June 13, 2066) (Justice Warren)
Article • March 2, 2012
Filed under: Punch And Jurists, Custodial Interrogations/Statements
Miranda v. Arizona, No. 759 (U.S. Supreme Court) (384 U.S. 436; 86 S.Ct. 1602) (June 13, 2066) (Justice Warren) by In this case the Court announced a new analytical approach under the Self-Incrimination Clause of the Fifth Amendment in cases involving custodial interrogations. After noting that the advent of modern …
U.S. v. Gonzalez, No. 11-15025 (9th Cir.) (669 F.3d 974) (January 25, 2012) (Judge Michael Daly Hawkins)
Article • February 20, 2012 • from P&J February, 2012
Filed under: Punch And Jurists, Waiver of Rights
U.S. v. Gonzalez, No. 11-15025 (9th Cir.) (669 F.3d 974) (January 25, 2012) (Judge Michael Daly Hawkins) by Here the Court held that a Joint Defense Agreement cannot be unilaterally waived to satisfy the discovery needs of one of the parties created by her subsequent claim of ineffective assistance of …
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