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U.S. v. Waller, No. 10-1321 (3rd Cir.) (654 F.3d 430) (August 16, 2011) (Judge Michael A. Chagares)
Article • November 28, 2011 • from P&J November, 2011
Filed under: Punch And Jurists
U.S. v. Waller, No. 10-1321 (3rd Cir.) (654 F.3d 430) (August 16, 2011) (Judge Michael A. Chagares) by Here the Court held that a jury instruction inviting the jury to consider any statements “made or omitted by the defendant” invited the jury to consider his post-arrest, post-Miranda warnings silence, in …
Schneyder v. Smith, No. 10-2367 (3rd Cir.) (653 F.3d 313) (July 29, 2011) (Judge D. Brooks Smith)
Article • November 28, 2011 • from P&J November, 2011
Filed under: Punch And Jurists, Detention
Schneyder v. Smith, No. 10-2367 (3rd Cir.) (653 F.3d 313) (July 29, 2011) (Judge D. Brooks Smith) by This is an interesting decision in which a Philadelphia Assistant District Attorney, Gina Smith, was denied the defenses of both qualified and absolute immunity in a civil rights lawsuit under 42 U.S.C. …
Latif v. Obama, No. 10-5319 (D.C. Cir.) (666 F.3d 746) (October 14, 2011) (Judge Janice Rogers Brown)
Article • November 28, 2011 • from P&J November, 2011
Filed under: Punch And Jurists, Presumption of Regularity
Latif v. Obama, No. 10-5319 (D.C. Cir.) (666 F.3d 746) (October 14, 2011) (Judge Janice Rogers Brown) by Here a divided panel held for the first time that, in habeas proceedings involving Guantanamo detainees, district courts must afford a “presumption of regularity” to secret Government intelligence reports when judging whether …
U.S. v. Daniels, No. 09-1386 (6th Cir.) (653 F.3d 399) (July 7, 2011) (Judge Danny J. Boggs)
Article • November 28, 2011 • from P&J November, 2011
Filed under: Punch And Jurists
U.S. v. Daniels, No. 09-1386 (6th Cir.) (653 F.3d 399) (July 7, 2011) (Judge Danny J. Boggs) by Here, the Court held that the Government had failed to establish one of the essential elements required for a conviction under the sweeping Child Exploitation Enterprise (CEE), in violation of 18 U.S.C. …
U.S. v. Massenburg, No. 10-4209 (4th Cir.) (654 F.3d 480) (August 15, 2011) (Judge Andre M. Davis)
Article • November 28, 2011 • from P&J November, 2011
Filed under: Punch And Jurists, Collective Knowledge Doctrine
U.S. v. Massenburg, No. 10-4209 (4th Cir.) (654 F.3d 480) (August 15, 2011) (Judge Andre M. Davis) by We find it somewhat surprising that some of the best recent decisions regarding the rights of citizens under the Fourth Amendment have been coming from the Fourth Circuit - long-regarded as one …
In Re Special Proceedings, No. 09-0198 (EGS) (D.D.C.) (825 F.Supp.2d 203) (November 21, 2011) (Judge Emmet G. Sullivan)
Article • November 28, 2011 • from P&J November, 2011
Filed under: Sanctions, Punch And Jurists
In Re Special Proceedings, No. 09-0198 (EGS) (D.D.C.) (825 F.Supp.2d 203) (November 21, 2011) (Judge Emmet G. Sullivan) by Here the Court reported that special counsel, appointed by the Court to investigate the prosecutorial misconduct that “permeated” the prosecution of former Senator Stevens of Alaska, declined to recommend any criminal …
Chambers v. Mississippi, No. 71-5908 (U.S. Supreme Court) (410 U.S. 284; 93 S.Ct. 1038) (February 21, 1973) (Justice Powell)
Article • November 24, 2011
Filed under: Punch And Jurists, Statements Against Interest
Chambers v. Mississippi, No. 71-5908 (U.S. Supreme Court) (410 U.S. 284; 93 S.Ct. 1038) (February 21, 1973) (Justice Powell) by This case recognizes the proposition that criminal defendants possess a “due process right to have clearly exculpatory evidence presented to the jury, at least when there is no strong countervailing …
U.S. v. Saani, No. 09-3138 (D.C. Cir.) (650 F.3d 761) (July 8, 2011) (Judge Douglas Ginsburg)
Article • November 14, 2011 • from P&J November, 2011
Filed under: Punch And Jurists, Fifth Amendment Concerns
U.S. v. Saani, No. 09-3138 (D.C. Cir.) (650 F.3d 761) (July 8, 2011) (Judge Douglas Ginsburg) by Here the Court vacated a sentence because it was unclear whether the sentencing court, in denying credit for acceptance of responsibility, improperly considered the defendant’s refusal to discuss matters covered by his Fifth …
Greene v. Fisher, No. 10-637 (U.S. Supreme Court) (565 U.S. 34; 132 S.Ct. 38) (November 8, 2011) (Justice Scalia)
Article • November 14, 2011 • from P&J November, 2011
Filed under: Punch And Jurists
Greene v. Fisher, No. 10-637 (U.S. Supreme Court) (565 U.S. 34; 132 S.Ct. 38) (November 8, 2011) (Justice Scalia) by Here a unanimous Court held that “clearly established federal law,” as used in 28 U.S.C. § 2254(d)(1), is limited to the Supreme Court’s decisions that have been published “as of …
U.S. v. Sanchez, No. 10-50192 (9th Cir.) (659 F.3d 1252) (November 1, 2011) (Judge Harry Pregerson)
Article • November 14, 2011 • from P&J November, 2011
Filed under: Punch And Jurists, Prejudice
U.S. v. Sanchez, No. 10-50192 (9th Cir.) (659 F.3d 1252) (November 1, 2011) (Judge Harry Pregerson) by Here the Court overturned a drug conviction due to inflammatory and prejudicial comments made by the prosecutor during his closing rebuttal arguments in which he improperly appealed to the “passions, fears and vulnerabilities …
U.S. v. Ozuna-Cabrera, No. 09-2174 (1st Cir.) (663 F.3d 496) (November 2, 2011) (Judge Jeffrey R. Howard)
Article • November 14, 2011 • from P&J November, 2011
Filed under: Punch And Jurists, Without Lawful Authority
U.S. v. Ozuna-Cabrera, No. 09-2174 (1st Cir.) (663 F.3d 496) (November 2, 2011) (Judge Jeffrey R. Howard) by Here the Court held that a conviction for aggravated identity theft, in violation of 18 U.S.C. § 1028A, does not require that the identification at issue "be stolen, or otherwise taken without …
U.S. v. Jacques, No. 09-cr-30001-MAP (D.Mass.) ( F.Supp.2d ) (May 17, 2011) (Judge Michael A. Ponsor)
Article • November 14, 2011 • from P&J November, 2011
Filed under: Punch And Jurists, False Confessions
U.S. v. Jacques, No. 09-cr-30001-MAP (D.Mass.) ( F.Supp.2d ) (May 17, 2011) (Judge Michael A. Ponsor) by Here the Court refused to permit expert testimony about false or coerced confessions after concluding that such testimony was inadmissible under the mandates of Fed.R.Evid. 702 and the standards established by Daubert v. …
U.S. v. Kasenge, No. 09-1896 (1st Cir.) (660 F.3d 537) (November 2, 2011) (Judge Jeffrey R. Howard)
Article • November 14, 2011 • from P&J November, 2011
Filed under: Punch And Jurists, Without Lawful Authority
U.S. v. Kasenge, No. 09-1896 (1st Cir.) (660 F.3d 537) (November 2, 2011) (Judge Jeffrey R. Howard) by U.S. v. Ozuna-Cabrera, No. 09-2174 (1st Cir. Nov. 2, 2011) (Judge Jeffrey Howard) U.S. v. Kasenge, No. 09-1896 (1st Cir. Nov. 2, 2011) (Judge Jeffrey Howard) In these two unrelated decisions, the …
U.S. v. Lewis, No. 10-4460 (3rd Cir.) (660 F.3d 189) (October 18, 2011) (Judge Marjorie O. Rendell)
Article • November 14, 2011 • from P&J November, 2011
Filed under: Punch And Jurists, 18 U.S.C. § 3147
U.S. v. Lewis, No. 10-4460 (3rd Cir.) (660 F.3d 189) (October 18, 2011) (Judge Marjorie O. Rendell) by Here the Court held that the ten-year sentencing enhancement under 18 U.S.C. § 3147 for committing a crime while on pretrial release has the effect of increasing the statutory maximum for an …
Mitchell v. U.S., No. 97-7541 (U.S. Supreme Court) (526 U.S. 314; 119 S.Ct. 1307) (April 5, 1999) (Justice Kennedy)
Article • November 12, 2011 • from P&J March, 1999
Filed under: Punch And Jurists
Mitchell v. U.S., No. 97-7541 (U.S. Supreme Court) (526 U.S. 314; 119 S.Ct. 1307) (April 5, 1999) (Justice Kennedy) by Here the Court held that a defendant's guilty plea does not waive the self-incrimination privilege at sentencing and that the Fifth Amendment does not allow a sentencing judge to draw …
Motors Ins. Corp. v. U.S., No. 11-10875 (E.D.Mich.) ( F.Supp.2d ) (September 27, 2011) (Judge Avern Levin Cohn)
Article • October 31, 2011 • from P&J October, 2011
Filed under: Punch And Jurists, Detention of Goods Exception
Motors Ins. Corp. v. U.S., No. 11-10875 (E.D.Mich.) ( F.Supp.2d ) (September 27, 2011) (Judge Avern Levin Cohn) by This is another upsetting decision about whitewashing outrageous conduct by Government agents. The case involved a lawsuit brought against the Government under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § …
U.S. v. Rivera, No. 10-1199-cr (2nd Cir.) (662 F.3d 166) (October 21, 2011) (Judge John Gleeson)
Article • October 31, 2011 • from P&J October, 2011
Filed under: Punch And Jurists, Crack v. Powdered Cocaine
U.S. v. Rivera, No. 10-1199-cr (2nd Cir.) (662 F.3d 166) (October 21, 2011) (Judge John Gleeson) by In an appeal from a judgment of the district court denying defendant's motion for a sentence modification of a 292-month term of imprisonment for a crack cocaine offense, judgment is reversed where the …
Spencer v. Roche, No. 11-1146 (1st Cir.) ( F.3d ) (October 18, 2011) (Judge Bruce M. Selya)
Article • October 31, 2011 • from P&J October, 2011
Filed under: Punch And Jurists, X-Ray Searches
Spencer v. Roche, No. 11-1146 (1st Cir.) ( F.3d ) (October 18, 2011) (Judge Bruce M. Selya) by Court Holds That a Non-Consensual X-Ray of the Anal Cavity Does Not Violate the Fourth Amendment When the Police Have a Valid Search Warrant for a Body Search. In the words of …
Mattos v. Agarano, No. 08-15567 (9th Cir.) (661 F.3d 433) (October 17, 2011) (Judge Richard A. Paez)
Article • October 31, 2011 • from P&J October, 2011
Filed under: Excessive Force, Punch And Jurists
Mattos v. Agarano, No. 08-15567 (9th Cir.) (661 F.3d 433) (October 17, 2011) (Judge Richard A. Paez) by Here a divided en banc Court split on the issue of whether the tasing of two women in 2004 and 2006 (one of whom was pregnant and neither of whom posed any …
U.S. v. Mackety, No. 09-2148 (6th Cir.) (650 F.3d 621) (June 17, 2011) (Judge Helene N. White)
Article • October 31, 2011 • from P&J October, 2011
Filed under: Punch And Jurists, Delay in Pleading Guilty
U.S. v. Mackety, No. 09-2148 (6th Cir.) (650 F.3d 621) (June 17, 2011) (Judge Helene N. White) by The district court's policy prohibiting defendants who waited until time set for final pretrial conference to plead guilty from receiving additional one-level reduction for acceptance of responsibility under USSG § 3E1.1(b) was …
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