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Spurlock v. Thompson, No. 01-6356 (6th Cir.) (330 F.3d 791) (May 30, 2003) (Judge R. Guy Jr. Cole)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Spurlock v. Thompson, No. 01-6356 (6th Cir.) (330 F.3d 791) (May 30, 2003) (Judge R. Guy Jr. Cole) by This sordid case has a long and convoluted history, much of which is recounted in far greater detail in Spurlock v. Satterfield, 167 F.3d 996 (6th Cir. 1999) (Spurlock I). In …
Albright v. Oliver, No. 92-833 (U.S. Supreme Court) (510 U.S. 266; 114 S.Ct. 807) (January 24, 1994) (Justice Rehnquist)
Article • June 24, 2003
Filed under: Punch And Jurists, False Arrrest/Malicious Prosecution
Albright v. Oliver, No. 92-833 (U.S. Supreme Court) (510 U.S. 266; 114 S.Ct. 807) (January 24, 1994) (Justice Rehnquist) by Here a plurality of the Court held that the substantive component of the 14th Amendment's Due Process Clause "with its scarce and open-ended guideposts" may not give rise to a …
U.S. v. Holstrom, No. CR-02-0119-JLQ (E.D.Wash.) (246 F.Supp.2d 1101) (February 26, 2003) (Judge Justin L. Quackenbush)
Article • May 1, 2003 • from P&J May, 2003
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Holstrom, No. CR-02-0119-JLQ (E.D.Wash.) (246 F.Supp.2d 1101) (February 26, 2003) (Judge Justin L. Quackenbush) by In 1959, then Attorney General Rogers promulgated a Department of Justice policy under which United States Attorneys were forbidden - at least in theory - from prosecuting any person for allegedly criminal behavior …
Cousin v. Small, No. 01-30745 (5th Cir.) (325 F.3d 627) (March 24, 2003) (Per Curiam)
Article • May 1, 2003 • from P&J May, 2003
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Cousin v. Small, No. 01-30745 (5th Cir.) (325 F.3d 627) (March 24, 2003) (Per Curiam) by In 1995, the plaintiff in this case, Shareef Cousin, was convicted of murder and sentenced to death. After spending more than a year on death row, the Louisiana Supreme Court vacated Cousin’s conviction on …
U.S. v. Aisenberg, No. 8:99-CR-324-T23MAP (M.D.Fla.) (247 F.Supp.2d 1271) (January 31, 2003) (Judge Steven D. Merryday)
Article • May 1, 2003 • from P&J May, 2003
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Aisenberg, No. 8:99-CR-324-T23MAP (M.D.Fla.) (247 F.Supp.2d 1271) (January 31, 2003) (Judge Steven D. Merryday) by In 1997, Congress enacted a statute designed to provide at least a partial recourse for defendants who have been subjected to a criminal prosecution that proves to be “vexatious, frivolous, or in bad …
Cervantes v. U.S., No. 01-56929 (9th Cir.) (330 F.3d 1186) (June 2, 2003) (Judge Kim McLane Wardlaw)
Article • May 1, 2003 • from P&J May, 2003
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Cervantes v. U.S., No. 01-56929 (9th Cir.) (330 F.3d 1186) (June 2, 2003) (Judge Kim McLane Wardlaw) by Here the Court soundly rejected, as “patently without merit,” the Government’s defense of immunity in this Federal Tort Claims suit for damages, stating that its attempt to use an obscure statutory exemption …
McMillan v. Jarvis, No. 02-6266 (4th Cir.) (332 F.3d 244) (June 12, 2003) (Judge William B. Jr. Traxler)
Article • May 1, 2003 • from P&J May, 2003
Filed under: Punch And Jurists, Dismissal
McMillan v. Jarvis, No. 02-6266 (4th Cir.) (332 F.3d 244) (June 12, 2003) (Judge William B. Jr. Traxler) by Here the Court held that the notification requirement in Hill v. Braxton, 277 F.3d 701 (4th Cir. 2002), requiring a federal habeas court to notify a pro se petitioner that his …
Chavez v. Martinez, No. 01-1444 (U.S. Supreme Court) (538 U.S. 760; 123 S.Ct. 1994) (May 27, 2003) (Justice Thomas)
Article • May 1, 2003 • from P&J May, 2003
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Chavez v. Martinez, No. 01-1444 (U.S. Supreme Court) (538 U.S. 760; 123 S.Ct. 1994) (May 27, 2003) (Justice Thomas) by In this case, a wildly fractured Supreme Court held that a police interrogation of a gravely wounded suspect in the absence of Miranda warnings does not violate the suspect’s Fifth …
U.S. v. Ramirez, No. 02-10731 (11th Cir.) (324 F.3d 1225) (March 18, 2003) (Per Curiam)
Article • April 1, 2003 • from P&J November, 2003
Filed under: Punch And Jurists, Dismissal
U.S. v. Ramirez, No. 02-10731 (11th Cir.) (324 F.3d 1225) (March 18, 2003) (Per Curiam) by The defendants in this case were charged with witness tampering. After opening statements, the defendants moved for a judgment of acquittal, asserting that the indictment failed to charge the necessary elements of first degree …
Polk County v. Dodson, No. 80-824 (U.S. Supreme Court) (454 U.S. 312; 102 S.Ct. 455) (December 14, 1981) (Justice Powell)
Article • February 6, 2003
Filed under: Punch And Jurists, Color of Law
Polk County v. Dodson, No. 80-824 (U.S. Supreme Court) (454 U.S. 312; 102 S.Ct. 455) (December 14, 1981) (Justice Powell) by The defendant/petitioners in this case, Polk County, its public defender's office, its board of supervisors, and a public defender, challenged a decision of the Court of Appeals for the …
City of Houston, Texas v. Hill, No. 86-243 (U.S. Supreme Court) (482 U.S. 451; 107 S.Ct. 2502) (June 15, 1987) (Justice Brennan)
Article • January 6, 2003
Filed under: Punch And Jurists, Fighting Words Doctrine
City of Houston, Texas v. Hill, No. 86-243 (U.S. Supreme Court) (482 U.S. 451; 107 S.Ct. 2502) (June 15, 1987) (Justice Brennan) by Here the court affirmed - but also substantially limited, its "fighting words" doctrine, holding that the First Amendment protects a significant amount of verbal criticism and challenge …
Woodson v. North Carolina, No. 75-5491 (U.S. Supreme Court) (428 U.S. 280; 96 S.Ct. 2978) (July 2, 1976) (Justice Stewart)
Article • December 29, 2002
Filed under: Punch And Jurists, Cruel and Unusual Punishment
Woodson v. North Carolina, No. 75-5491 (U.S. Supreme Court) (428 U.S. 280; 96 S.Ct. 2978) (July 2, 1976) (Justice Stewart) by In this case, decided on the same day as Gregg v. Georgia, 428 U.S. 153 (1976), the Court struck down a North Carolina death penalty statute which mandated imposition …
Chaplinsky v. New Hampshire, No. 255 (U.S. Supreme Court) (315 U.S. 568; 62 S.Ct. 766) (March 9, 2042) (Justice Murphy)
Article • December 27, 2002
Filed under: Punch And Jurists, Fighting Words Doctrine
Chaplinsky v. New Hampshire, No. 255 (U.S. Supreme Court) (315 U.S. 568; 62 S.Ct. 766) (March 9, 2042) (Justice Murphy) by In this case, the Supreme Court affirmed the conviction of an individual held to have violated a New Hampshire law by addressing the following words to a public official …
Greene v. Barber, No. 01-1247 (6th Cir.) (310 F.3d 889) (November 8, 2002) (Judge David A. Nelson)
Article • December 1, 2002 • from P&J December, 2002
Filed under: Punch And Jurists, Fighting Words Doctrine
Greene v. Barber, No. 01-1247 (6th Cir.) (310 F.3d 889) (November 8, 2002) (Judge David A. Nelson) by More than 60 years ago, the Supreme Court upheld a conviction of an individual who was held to have violated a New Hampshire law by addressing the following words to a city …
Gregg v. Georgia, No. 74-6257 (U.S. Supreme Court) (428 U.S. 153; 96 S.Ct. 2909) (July 2, 1976) (Judge Various)
Article • November 24, 2002
Filed under: Punch And Jurists, Cruel and Unusual Punishment
Gregg v. Georgia, No. 74-6257 (U.S. Supreme Court) (428 U.S. 153; 96 S.Ct. 2909) (July 2, 1976) (Judge Various) by This decision, noted for the intensity of the debate about the validity of the death penalty under the Eighth Amendment, consisted of a series of plurality decisions one of which …
Robles v. Prince George's County, Maryland, No. 01-1662 (4th Cir.) (308 F.3d 437) (October 29, 2002) (Per Curiam)
Article • November 1, 2002 • from P&J November, 2002
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Robles v. Prince George's County, Maryland, No. 01-1662 (4th Cir.) (308 F.3d 437) (October 29, 2002) (Per Curiam) by Here, in carrying out a “prank” designed to convince the police from the neighboring Montgomery County to be more receptive to transfers of custody when a detainee was subject to outstanding …
Enmund v. Florida, No. 81-5321 (U.S. Supreme Court) (458 U.S. 782; 102 S.Ct. 3368) (July 2, 1982) (Justice White)
Article • October 17, 2002
Filed under: Punch And Jurists, Cruel and Unusual Punishment
Enmund v. Florida, No. 81-5321 (U.S. Supreme Court) (458 U.S. 782; 102 S.Ct. 3368) (July 2, 1982) (Justice White) by Here the Court reversed a death sentence for a defendant convicted of robbery, because, even though two victims were killed during the robbery by others, this petitioner did not kill …
Paschal v. U.S., No. 02-2005 (7th Cir.) (302 F.3d 769) (September 11, 2002) (Judge Richard A. Posner)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists, Federal Tort Claims Act (FTCA)
Paschal v. U.S., No. 02-2005 (7th Cir.) (302 F.3d 769) (September 11, 2002) (Judge Richard A. Posner) by In this case, the plaintiff, an inmate in a Federal prison, slipped and fell on a wet floor in the prison's kitchen, where he was working, while he was a pretrial detainee. …
U.S. v. Johnson, No. CRIM. 00-419-03 (E.D.Pa.) (214 F.Supp.2d 488) (August 14, 2002) (Judge Eduardo C. Robreno)
Article • September 1, 2002 • from P&J September, 2002
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Johnson, No. CRIM. 00-419-03 (E.D.Pa.) (214 F.Supp.2d 488) (August 14, 2002) (Judge Eduardo C. Robreno) by The defendant in this case was convicted of conspiracy to distribute cocaine base in violation of 21 U.S.C.S. § 846, and he was sentenced to 360 months in prison. Following the sentencing, …
Stone v. Powell, No. 74-1055 (U.S. Supreme Court) (428 U.S. 465; 96 S.Ct. 3037) (July 6, 1976) (Justice Powell)
Article • August 12, 2002
Filed under: Punch And Jurists, Fourth Amendment/Variance Violations
Stone v. Powell, No. 74-1055 (U.S. Supreme Court) (428 U.S. 465; 96 S.Ct. 3037) (July 6, 1976) (Justice Powell) by Petitioners (WHO WERE state corrections officials in these two consolidated cases) sought review of judgments from the United States Court of Appeals (for the Ninth Circuit in the case of …
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