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Rush v. City of Mansfield, No. 1:07-CV-1068 (N.D.Ohio) (771 F.Supp.2d 827) (February 11, 2011) (Judge Kathleen M. O'Malley)
Article • September 19, 2011 • from P&J September, 2011
Filed under: Punch And Jurists, SWAT Teams
Rush v. City of Mansfield, No. 1:07-CV-1068 (N.D.Ohio) (771 F.Supp.2d 827) (February 11, 2011) (Judge Kathleen M. O'Malley) by Here the Court held that the use of a secretive, private SWAT-type organization to execute a search warrant against a minor suspected of a petty crime was constitutionally unreasonable; and it …
U.S. v. Santini, No. 10-50391 (9th Cir.) (656 F.3d 1075) (September 8, 2011) (Per Curiam)
Article • September 19, 2011 • from P&J September, 2011
Filed under: Punch And Jurists, Law Enforcement Contacts
U.S. v. Santini, No. 10-50391 (9th Cir.) (656 F.3d 1075) (September 8, 2011) (Per Curiam) by Brad Santini was arrested in 2008 for attempting to smuggle 28 kilos of marijuana into the United States from Mexico. During an inspection of his vehicle, customs agents found the drugs hidden in the …
U.S. v. Rodgers, No. 10-30254 (9th Cir.) (656 F.3d 1023) (September 7, 2011) (Judge M. Margaret McKeown)
Article • September 19, 2011 • from P&J September, 2011
Filed under: Punch And Jurists, Probable Cause
U.S. v. Rodgers, No. 10-30254 (9th Cir.) (656 F.3d 1023) (September 7, 2011) (Judge M. Margaret McKeown) by In this automobile search case, a divided panel from the Ninth Circuit reversed a district court’s refusal to grant a motion to suppress evidence of a gun and drugs found in the …
U.S. v. Martinez, No. 10-2070 (10th Cir.) (643 F.3d 1292) (July 12, 2011) (Judge Stephanie K. Seymour)
Article • September 5, 2011 • from P&J September, 2011
Filed under: Punch And Jurists, 911 Calls
U.S. v. Martinez, No. 10-2070 (10th Cir.) (643 F.3d 1292) (July 12, 2011) (Judge Stephanie K. Seymour) by Here the Court held that a static-only 911 call, standing alone, was insufficient to create an objectively reasonable belief that someone inside the home was in need of aid, as required to …
In Re U.S., No. 10-MC-897 (NGG) (E.D.N.Y.) (809 F.Supp.2d 113) (August 22, 2011) (Judge Nicholas G. Garaufis)
Article • September 5, 2011 • from P&J September, 2011
Filed under: Punch And Jurists, Cell-Site-Location Records
In Re U.S., No. 10-MC-897 (NGG) (E.D.N.Y.) (809 F.Supp.2d 113) (August 22, 2011) (Judge Nicholas G. Garaufis) by This decision contains an excellent discussion by Judge Garaufis of the current state of the law relating to the Government’s increasing use of sealed applications for orders directing cell-phone service providers to …
U.S. v. Gustin, No. 10-2761 (7th Cir.) (642 F.3d 573) (June 7, 2011) (Judge Frank H. Easterbrook)
Article • September 5, 2011 • from P&J September, 2011
Filed under: Punch And Jurists, Judicial Obligation to Take Notice
U.S. v. Gustin, No. 10-2761 (7th Cir.) (642 F.3d 573) (June 7, 2011) (Judge Frank H. Easterbrook) by The defendant in this case, an inmate at a Federal prison, was convicted of the attempted murder of another inmate. His defense at trial was that he did not attack the victim, …
Glik v. Cunniffe, No. 10-1764 (1st Cir.) (655 F.3d 78) (August 26, 2011) (Judge Kermit A. Lipez)
Article • September 5, 2011 • from P&J September, 2011
Filed under: Punch And Jurists
Glik v. Cunniffe, No. 10-1764 (1st Cir.) (655 F.3d 78) (August 26, 2011) (Judge Kermit A. Lipez) by Here the Court held that the First Amendment protects a citizen's right to openly videorecord and audiorecord police officers making an arrest in public; and it denied the officers the defense of …
U.S. v. Chang Hong, No. 10-6294 (10th Cir.) ( F.3d ) (August 30, 2011) (Judge Timothy M. Tymkovich)
Article • September 5, 2011 • from P&J September, 2011
Filed under: Punch And Jurists, Post Padilla v. Kentucky
U.S. v. Chang Hong, No. 10-6294 (10th Cir.) ( F.3d ) (August 30, 2011) (Judge Timothy M. Tymkovich) by Here the Court held that the Supreme Court’s landmark decision in Padilla v. Kentucky established a “new rule of law” and therefore cannot be applied retroactively on collateral review - thus …
U.S. v. Shaygan, No. 09-20112 (11th Cir.) (652 F.3d 1297) (August 29, 2011) (Judge William H. Jr. Pryor)
Article • September 5, 2011 • from P&J September, 2011
Filed under: Punch And Jurists
U.S. v. Shaygan, No. 09-20112 (11th Cir.) (652 F.3d 1297) (August 29, 2011) (Judge William H. Jr. Pryor) by Here the Court overturned Judge Gold’s imposition of an award of $600,000 in attorneys fees and expenses under the Hyde Amendment and vacated his scathing public reprimands against two Federal prosecutors …
U.S. v. Freeman, No. 09-4043 (7th Cir.) (650 F.3d 673) (June 17, 2011) (Judge Daniel A. Manion)
Article • September 5, 2011 • from P&J September, 2011
Filed under: Punch And Jurists, False Testimony
U.S. v. Freeman, No. 09-4043 (7th Cir.) (650 F.3d 673) (June 17, 2011) (Judge Daniel A. Manion) by Here the Court affirmed a district court’s finding that the government's star witness had testified falsely, that the government knew this testimony was false, and that the Government’s brazen misconduct required the …
U.S. v. Flowers, No. 10-20149 (E.D.Mich.) (768 F.Supp.2d 922) (February 17, 2011) (Judge Lawrence P. Zatkoff)
Article • September 5, 2011 • from P&J September, 2011
Filed under: Punch And Jurists, Interests of Justice
U.S. v. Flowers, No. 10-20149 (E.D.Mich.) (768 F.Supp.2d 922) (February 17, 2011) (Judge Lawrence P. Zatkoff) by Here the Court granted the Government’s motion to dismiss an Indictment but not before lambasting the AUSA in charge of the case for conduct that he described as “cavalier,” “abhorrent and unacceptable,” “dilatory,” …
U.S. v. Holcomb, No. 11-1558 (7th Cir.) (657 F.3d 445) (August 24, 2011) (Judge Frank H. Easterbrook)
Article • September 5, 2011 • from P&J September, 2011
Filed under: Punch And Jurists, Fair Sentencing Act of 2010
U.S. v. Holcomb, No. 11-1558 (7th Cir.) (657 F.3d 445) (August 24, 2011) (Judge Frank H. Easterbrook) by Here the full Court declined, by an equally divided 5-5 vote, to grant a rehearing en banc in order to review its recent decision in U.S. v. Fisher in which a panel …
Chaidez v. U.S., No. 10-3623 (7th Cir.) (655 F.3d 684) (August 23, 2011) (Judge Joel L. Flaum)
Article • September 5, 2011 • from P&J September, 2011
Filed under: Punch And Jurists, Post Padilla v. Kentucky
Chaidez v. U.S., No. 10-3623 (7th Cir.) (655 F.3d 684) (August 23, 2011) (Judge Joel L. Flaum) by Chaidez v. U.S., 655 F.3d 684 (7th Cir. Aug. 23, 2011) (Judge Joel Flaum) U.S. v. chang Hong, 671 F.3d 1147 (10th Cir. Aug. 30, 2011) (Judge Timothy Tymkovich) One of the …
Vance v. Rumsfeld, No. 10-1687 (7th Cir.) (653 F.3d 591) (August 8, 2011) (Judge David F. Hamilton)
Article • August 22, 2011 • from P&J August, 2011
Filed under: Punch And Jurists, U.S. Citizens in Iraq
Vance v. Rumsfeld, No. 10-1687 (7th Cir.) (653 F.3d 591) (August 8, 2011) (Judge David F. Hamilton) by Here the Court held that former Secretary of Defense Rumsfeld may be sued personally for damages by two U.S. citizens who claimed they were unjustly imprisoned and tortured by the U.S. military …
U.S. v. Dixon, No. 10-4300 (3rd Cir.) (648 F.3d 195) (August 9, 2011) (Judge D. Michael Fisher)
Article • August 22, 2011 • from P&J August, 2011
Filed under: Punch And Jurists, Pre-Effective Date Crimes
U.S. v. Dixon, No. 10-4300 (3rd Cir.) (648 F.3d 195) (August 9, 2011) (Judge D. Michael Fisher) by In the 07/25/11 issue of P&J, we noted that Attorney General Eric Holder had finally capitulated by agreeing that the more lenient sentencing provisions of the Fair Sentencing Act of 2010 (“FSA”) …
U.S. v. Oliveira, No. Crim. No. 08cr10104-NG (D.Mass.) (798 F.Supp.2d 319) (July 21, 2011) (Judge Nancy Gertner)
Article • August 22, 2011 • from P&J August, 2011
Filed under: Punch And Jurists
U.S. v. Oliveira, No. Crim. No. 08cr10104-NG (D.Mass.) (798 F.Supp.2d 319) (July 21, 2011) (Judge Nancy Gertner) by Here the Court used the principle of “imperfect entrapment” under U.S.S.G. § 5K2.12 as the principal basis for a significant downward departure for a defendant who was “unduly encouraged” to sell guns …
U.S. v. Janvier, No. Crim. No. 10cr10029-NG (D.Mass.) (798 F.Supp.2d 362) (July 26, 2011) (Judge Nancy Gertner)
Article • August 22, 2011 • from P&J August, 2011
Filed under: Punch And Jurists, Anonymous 911 Call
U.S. v. Janvier, No. Crim. No. 10cr10029-NG (D.Mass.) (798 F.Supp.2d 362) (July 26, 2011) (Judge Nancy Gertner) by Here the Court granted a defendant’s motion to suppress evidence after finding that a vague and uncorroborated 911 call from an unidentified caller is not a license to the cops to seize …
U.S. v. McCarty, No. 09-10504 (9th Cir.) (648 F.3d 820) (August 3, 2011) (Judge Michael Daly Hawkins)
Article • August 22, 2011 • from P&J August, 2011
Filed under: Punch And Jurists, Administrative Searches
U.S. v. McCarty, No. 09-10504 (9th Cir.) (648 F.3d 820) (August 3, 2011) (Judge Michael Daly Hawkins) by Here the Court reversed a suppression order that was granted where the district court found that TSA agents had turned a routine airport administrative search of checked baggage for explosives into an …
U.S. v. Pittman, No. 10-2132 (7th Cir.) (642 F.3d 583) (June 15, 2011) (Judge Richard D. Cudahy)
Article • August 22, 2011 • from P&J August, 2011
Filed under: Punch And Jurists, Vindictive Prosecution
U.S. v. Pittman, No. 10-2132 (7th Cir.) (642 F.3d 583) (June 15, 2011) (Judge Richard D. Cudahy) by This case is really not an “Oh Really” skit from Saturday Night Live. But it should be. On February 10, 2009, Gerald Pittman was indicted on six counts of distribution of crack …
U.S. v. Lee, No. 10-493-cr (2nd Cir.) (653 F.3d 170) (July 26, 2011) (Judge Denny Chin)
Article • August 8, 2011 • from P&J August, 2011
Filed under: Punch And Jurists, Waiver of Appellate Rights
U.S. v. Lee, No. 10-493-cr (2nd Cir.) (653 F.3d 170) (July 26, 2011) (Judge Denny Chin) by U.S. v. Divens, 650 F.3d 343 (4th Cir. July 5, 2011) (Judge Diana Gribbon Motz) U.S. v. Lee, 653 F.3d 170 (2nd Cir. July 26, 2011) (Judge Denny Chin) In these two decisions, …
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