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Maples v. Thomas, No. 10-63 (U.S. Supreme Court) (565 U.S. 266; 132 S.Ct. 912) (January 18, 2012) (Justice Ginsburg)

Article • January 23, 2012 • from P&J January, 2012

Filed under: Punch And Jurists, Proving Cause

Maples v. Thomas, No. 10-63 (U.S. Supreme Court) (565 U.S. 266; 132 S.Ct. 912) (January 18, 2012) (Justice Ginsburg) by Here a divided Court held that a death row inmate, who missed a critical appellate filing deadline because his pro bono counsel abandoned him without yellin him, was entitled to …

Gonzalez v, Thaler, No. 10-895 (U.S. Supreme Court) (565 U.S. 134; 132 S.Ct. 641) (January 10, 2012) (Justice Sotomayor)

Article • January 23, 2012 • from P&J January, 2012

Filed under: Punch And Jurists

Gonzalez v, Thaler, No. 10-895 (U.S. Supreme Court) (565 U.S. 134; 132 S.Ct. 641) (January 10, 2012) (Justice Sotomayor) by Here the Court held, inter alia, that the failure of a certificate of appealability to “indicate” a constitutional issue (as required by the language of 28 U.S.C. § 2253(c)(3)) does …

Smith v. Cain, No. 10-8145 (U.S. Supreme Court) (565 U.S. 73; 132 S.Ct. 627) (January 10, 2012) (Justice (John G.) Roberts)

Article • January 23, 2012 • from P&J January, 2012

Filed under: Punch And Jurists, Withholding of Exculpatory Evidence

Smith v. Cain, No. 10-8145 (U.S. Supreme Court) (565 U.S. 73; 132 S.Ct. 627) (January 10, 2012) (Justice (John G.) Roberts) by In this case, the Supreme Court reversed a first degree murder conviction after finding, by an 8-to-1 vote, that New Orleans prosecutors had withheld material exculpatory evidence in …

Jewel v. National Security Agency, No. 10-15616 (9th Cir.) (673 F.3d 902) (December 29, 2011) (Judge M. Margaret McKeown)

Article • January 23, 2012 • from P&J January, 2012

Filed under: Standing, Punch And Jurists

Jewel v. National Security Agency, No. 10-15616 (9th Cir.) (673 F.3d 902) (December 29, 2011) (Judge M. Margaret McKeown) by In Re NSA Telecom. Records Litig., 671 F.3d 881 (9th Cir. Dec. 29, 2011) (Judge Margaret McKeown) In Re NSA Telecom. Records Litig., 669 F.3d 928 (9th Cir. Dec. 29, …

In Re: National Security Agency Telecommunications Records Litigation, No. 09-16676 (9th Cir.) (671 F.3d 881) (December 29, 2011) (Judge M. Margaret McKeown)

Article • January 23, 2012 • from P&J January, 2012

Filed under: Punch And Jurists, Statutory Immunity

In Re: National Security Agency Telecommunications Records Litigation, No. 09-16676 (9th Cir.) (671 F.3d 881) (December 29, 2011) (Judge M. Margaret McKeown) by Here, in one of three separate but related cases challenging the NSA’s massive warrantless wiretapping program, the Court upheld the constitutionality of a 2008 amendment to FISA …

Neil v. Biggers, No. 71-586 (U.S. Supreme Court) (409 U.S. 188; 93 S.Ct. 375) (December 6, 1972) (Justice Powell)

Article • January 19, 2012

Filed under: Punch And Jurists

Neil v. Biggers, No. 71-586 (U.S. Supreme Court) (409 U.S. 188; 93 S.Ct. 375) (December 6, 1972) (Justice Powell) by This case, together with the Court's subsequent decision in Manson v. Brathwait, 432 U.S. 98 (1977), established five general factors to be considered by courts when determining the reliability of …

Manson v. Brathwaite, No. 75-871 (U.S. Supreme Court) (432 U.S. 98; 97 S.Ct. 2243) (June 16, 1977) (Justice Blackmun)

Article • January 19, 2012

Filed under: Punch And Jurists

Manson v. Brathwaite, No. 75-871 (U.S. Supreme Court) (432 U.S. 98; 97 S.Ct. 2243) (June 16, 1977) (Justice Blackmun) by Here, the Supreme Court enumerated and applied the five factors that the Court had established in Neil v. Biggers, 409 U.S. 188 (1972) to assess the reliability of eyewitness testimony …

U.S. v. Wade, No. 334 (U.S. Supreme Court) (388 U.S. 218; 87 S.Ct. 1926) (June 12, 2067) (Justice Brennan)

Article • January 19, 2012

Filed under: Punch And Jurists, Privilege Against Self-Incrimination

U.S. v. Wade, No. 334 (U.S. Supreme Court) (388 U.S. 218; 87 S.Ct. 1926) (June 12, 2067) (Justice Brennan) by In this case the Court established the need for a "Wade hearing" to determine whether an in-court identifications had an independent source, and whether the introduction of such evidence was …

Gilbert v. California, No. 223 (U.S. Supreme Court) (388 U.S. 263; 87 S.Ct. 1951) (June 12, 2067) (Justice Brennan)

Article • January 19, 2012

Filed under: Punch And Jurists, Handwriting Analysis and Exemplars

Gilbert v. California, No. 223 (U.S. Supreme Court) (388 U.S. 263; 87 S.Ct. 1951) (June 12, 2067) (Justice Brennan) by Here the Court held that the giving of a handwring exemplar does not violate the privilege against self-incrimination, since the handwriting itself is physical, not testimonial, evidence. The Court also …

Stovall v. Denno, No. 254 (U.S. Supreme Court) (388 U.S. 293; 87 S.Ct. 1967) (June 2, 2067) (Justice Brennan)

Article • January 19, 2012

Filed under: Punch And Jurists

Stovall v. Denno, No. 254 (U.S. Supreme Court) (388 U.S. 293; 87 S.Ct. 1967) (June 2, 2067) (Justice Brennan) by This case involved a petitioner who had been convicted in a New York court of murder. He was arrested the day following the crime and was taken by the police …

U.S. v. Bansal, No. 06-1370 (3rd Cir.) (663 F.3d 634) (December 14, 2011) (Judge Ruggero J. Aldisert)

Article • January 9, 2012 • from P&J January, 2012

Filed under: Punch And Jurists, Appeals/Appellate Jurisdiction

U.S. v. Bansal, No. 06-1370 (3rd Cir.) (663 F.3d 634) (December 14, 2011) (Judge Ruggero J. Aldisert) by

U.S. v. Winebarger, No. 11-1905 (3rd Cir.) (664 F.3d 388) (December 23, 2011) (Judge Marjorie O. Rendell)

Article • January 9, 2012 • from P&J January, 2012

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Winebarger, No. 11-1905 (3rd Cir.) (664 F.3d 388) (December 23, 2011) (Judge Marjorie O. Rendell) by There are three different provisions of the law that relate to sentence reductions based on a defendant’s cooperation with - or “substantial assistance to” - the Government, namely: ∙ U.S.S.G. § 5K1.1 …

U.S. v. Aguilar-Vera, No. 10-10333 (9th Cir.) (698 F.3d 1196) (October 29, 2012) (Judge Carlos T. Bea)

Article • January 9, 2012 • from P&J January, 2013

Filed under: Punch And Jurists, Harmless Error

U.S. v. Aguilar-Vera, No. 10-10333 (9th Cir.) (698 F.3d 1196) (October 29, 2012) (Judge Carlos T. Bea) by This is another flawed and depressing decision about the rights of illegal immigrants who are prosecuted en masse in the state of Arizona. In this case Gilbert Arguilar-Vera was arrested in Arizona …

U.S. v. Sherifi, No. 5:09-CR-216-FL (E.D.N.C.) (793 F.Supp.2d 751) (June 22, 2011) (Judge Louise W. Flanagan)

Article • January 9, 2012 • from P&J January, 2012

Filed under: Punch And Jurists, Significant Purpose Test

U.S. v. Sherifi, No. 5:09-CR-216-FL (E.D.N.C.) (793 F.Supp.2d 751) (June 22, 2011) (Judge Louise W. Flanagan) by Here the Court rejected a series of constitutional challenges alleging that recent FISA amendments enable the Government to conduct surveilance to gather evidence for use in a criminal case while bypassing traditional warrant …

U.S. v. Bacon, No. 10-40088 (5th Cir.) (646 F.3d 218) (July 7, 2011) (Per Curiam)

Article • January 9, 2012 • from P&J January, 2012

Filed under: Punch And Jurists

U.S. v. Bacon, No. 10-40088 (5th Cir.) (646 F.3d 218) (July 7, 2011) (Per Curiam) by Here the Fifth Circuit joined six other Circuits in holding that remote-in-time conduct is relevant to the five-level sentencing enhancement under U.S.S.G. § 2G2.2(b)(5) for a “pattern of activity” involving the sexual abuse or …

U.S. v. Cespedes, No. 10-3432 (3rd Cir.) (663 F.3d 685) (December 21, 2011) (Judge Marjorie O. Rendell)

Article • January 9, 2012 • from P&J January, 2012

Filed under: Punch And Jurists

U.S. v. Cespedes, No. 10-3432 (3rd Cir.) (663 F.3d 685) (December 21, 2011) (Judge Marjorie O. Rendell) by Here the Court reversed an enhancement, pursuant to U.S.S.G. § 3C1.1, for recklessly endangering others during a high speed chase on the grounds that the enhancement is not warranted absent some proof …

U.S. v. Duka, No. 09-2292 (3rd Cir.) (671 F.3d 329) (December 28, 2011) (Judge Marjorie O. Rendell)

Article • January 9, 2012 • from P&J January, 2012

Filed under: Punch And Jurists, Significant Purpose Test

U.S. v. Duka, No. 09-2292 (3rd Cir.) (671 F.3d 329) (December 28, 2011) (Judge Marjorie O. Rendell) by U.S. v. Duka, 671 F.3d 329 (3rd Cir. Dec. 28, 2011) (Judge Marjorie Rendell) U.S. v. Sherifi, 793 F.Supp.2d 751 (E.D.N.C. June 22, 2011) (Judge Louise Flanagan) In these two domestic terrorism …

Ortega-Melendres v. Arpaio, No. CV-07-2315-PHX-GMS (D.Ariz.) ( F.Supp.2d ) (December 23, 2011) (Judge G. Murray Snow)

Article • January 9, 2012 • from P&J January, 2012

Filed under: Punch And Jurists, Injunctions/Injunctive Relief

Ortega-Melendres v. Arpaio, No. CV-07-2315-PHX-GMS (D.Ariz.) ( F.Supp.2d ) (December 23, 2011) (Judge G. Murray Snow) by It’s been a tough couple of weeks for Sheriff Joe Arpaio of Maricopa County, AZ, the man who loves to call himself “America’s Toughest Sheriff” and the man who others call “America’s Most …

U.S. v. U.S. District Court (Keith), No. 70-153 (U.S. Supreme Court) (407 U.S. 297; 92 S.Ct. 2125) (June 19, 1972) (Justice Powell)

Article • December 31, 2011

Filed under: Punch And Jurists, Wiretaps/Wiretap Evidence

U.S. v. U.S. District Court (Keith), No. 70-153 (U.S. Supreme Court) (407 U.S. 297; 92 S.Ct. 2125) (June 19, 1972) (Justice Powell) by The United States petitioned for writ of mandamus to compel district judge to vacate order directing the United States to make full disclosure of electronically monitored telephone …

U.S. v. Overmyer, No. 10-1716 (6th Cir.) (663 F.3d 862) (December 29, 2011) (Judge Jeffrey S. Sutton)

Article • December 26, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Overmyer, No. 10-1716 (6th Cir.) (663 F.3d 862) (December 29, 2011) (Judge Jeffrey S. Sutton) by This decision is principally noted for Judge Gilbert Merritt’s strong dissent in which he sharply criticized "the gross disparity, inequality, and unfairness that exists" in sentencing generally, "but even more so in …