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Kelly v. South Carolina, No. 00-9280 (U.S. Supreme Court) (534 U.S. 246; 122 S.Ct. 726) (January 9, 2002) (Justice Souter)

Article • December 1, 2001 • from P&J December, 2001

Filed under: Jury Instructions, Punch And Jurists

Kelly v. South Carolina, No. 00-9280 (U.S. Supreme Court) (534 U.S. 246; 122 S.Ct. 726) (January 9, 2002) (Justice Souter) by By a 5 to 4 vote, the Supreme Court overturned a death sentence imposed on the petitioner, William Kelly, because the trial court had violated his rights to due …

Henry v. Ashcroft, No. 01 Civ. 3377(DC) (S.D.N.Y.) (175 F.Supp.2d 688) (November 30, 2001) (Judge Denny Chin)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Retroactivity, Punch And Jurists

Henry v. Ashcroft, No. 01 Civ. 3377(DC) (S.D.N.Y.) (175 F.Supp.2d 688) (November 30, 2001) (Judge Denny Chin) by In an immigration-law ruling of some significance, Judge Chin held in this case that a special “clock stopping” provision of the immigration law that was added in 1996 cannot be applied retroactively …

U.S. v. Salemme, No. CR 94-10287 (D.Mass.) (164 F.Supp.2d 49) (February 13, 1998) (Judge Mark L. Wolf)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Recusal, Punch And Jurists

U.S. v. Salemme, No. CR 94-10287 (D.Mass.) (164 F.Supp.2d 49) (February 13, 1998) (Judge Mark L. Wolf) by This case, and its companion case reported at 164 F.Supp.2d 86 (D.Mass. 1998), [both of which were not released for publication until 2001] relate to a motion for recusal, pursuant to 28 …

U.S. v. Salemme, No. CR. 94-10287 (D.Mass.) (164 F.Supp.2d 86) (March 30, 1998) (Judge Mark L. Wolf)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Recusal, Punch And Jurists

U.S. v. Salemme, No. CR. 94-10287 (D.Mass.) (164 F.Supp.2d 86) (March 30, 1998) (Judge Mark L. Wolf) by This case, and its companion case reported at 164 F.Supp.2d 49 (D.Mass. 1998), [both of which were not released for publication until 2001] relate to a motion for recusal, pursuant to 28 …

U.S. v. Shark, No. Crim. No. 92-0405-05 (JGP) (D.D.C.) (158 F.Supp.2d 43) (July 31, 2001) (Judge John Garrett Penn)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Retroactivity, Punch And Jurists

U.S. v. Shark, No. Crim. No. 92-0405-05 (JGP) (D.D.C.) (158 F.Supp.2d 43) (July 31, 2001) (Judge John Garrett Penn) by

Rakas v. Illinois, No. 77-5781 (U.S. Supreme Court) (439 U.S. 128; 99 S.Ct. 421) (December 5, 1978) (Justice Rehnquist)

Article • September 17, 2001

Filed under: Standing, Punch And Jurists

Rakas v. Illinois, No. 77-5781 (U.S. Supreme Court) (439 U.S. 128; 99 S.Ct. 421) (December 5, 1978) (Justice Rehnquist) by In this case a divided Court held that the Fourth Amendment protects property, not people, and specifically that a legitimate occupant of an automobile may not invoke the exclusionary rule …

U.S. v. Johnston, No. 99-20810 (5th Cir.) (258 F.3d 361) (July 13, 2001) (Judge Harold R. Jr. DeMoss)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Magistrates, Punch And Jurists

U.S. v. Johnston, No. 99-20810 (5th Cir.) (258 F.3d 361) (July 13, 2001) (Judge Harold R. Jr. DeMoss) by The defendant in this case was convicted of various drug charges and sentenced to 135 months in prison. After his conviction and sentence were affirmed on direct appeal, he timely filed …

Johnson v. U.S., No. 96-203 (U.S. Supreme Court) (520 U.S. 461; 117 S.Ct. 1544) (May 12, 1997) (Justice Rehnquist)

Article • August 31, 2001

Filed under: Jury Instructions, Punch And Jurists

Johnson v. U.S., No. 96-203 (U.S. Supreme Court) (520 U.S. 461; 117 S.Ct. 1544) (May 12, 1997) (Justice Rehnquist) by In this case the Court considered the validity of Johnson's conviction for perjury under 18 U.S.C. § 1623. The trial court, without objection and following then-settled law, had instructed the …

City of Los Angeles v. Lyons, No. 81-1064 (U.S. Supreme Court) (461 U.S. 95; 103 S.Ct. 1660) (April 20, 1983) (Justice White)

Article • August 5, 2001

Filed under: Standing, Punch And Jurists

City of Los Angeles v. Lyons, No. 81-1064 (U.S. Supreme Court) (461 U.S. 95; 103 S.Ct. 1660) (April 20, 1983) (Justice White) by Here a bitterly divided Court denied standing to obtain an injunction in a civil rights suit where the plaintiff could not show a sufficient likelihood that he …

Gomez v. Vernon, No. 99-35930 (9th Cir.) (255 F.3d 1118) (July 10, 2001) (Judge M. Margaret McKeown)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Sanctions, Punch And Jurists

Gomez v. Vernon, No. 99-35930 (9th Cir.) (255 F.3d 1118) (July 10, 2001) (Judge M. Margaret McKeown) by This is a rather extraordinary prison case which the Court said “exemplifies [the] antagonism toward prisoner litigation at the cost of constitutional rights and legal ethics.” (Id., at 1122). The principal issue …

Wainwright v. Torna, No. 81-362 (U.S. Supreme Court) (455 U.S. 586; 102 S.Ct. 1300) (March 22, 1982) (Per Curiam)

Article • July 6, 2001

Filed under: Appeals, Punch And Jurists

Wainwright v. Torna, No. 81-362 (U.S. Supreme Court) (455 U.S. 586; 102 S.Ct. 1300) (March 22, 1982) (Per Curiam) by In this case, the majority held that because the respondent in this case had no constitutional right to counsel (predicated on its holding in Ross v. Moffitt, 417 U.S. 600 …

Ross v. Moffitt, No. 73-786 (U.S. Supreme Court) (417 U.S. 600; 84 S.Ct. 2437) (June 17, 1974) (Justice Rehnquist)

Article • July 6, 2001

Filed under: Appeals, Punch And Jurists

Ross v. Moffitt, No. 73-786 (U.S. Supreme Court) (417 U.S. 600; 84 S.Ct. 2437) (June 17, 1974) (Justice Rehnquist) by The issue addressed in this was whether the Court's holding in Douglas v California, 372 US 353, 9 L Ed 2d 811, 83 S Ct 814 (1963) (which requires the …

Pennsylvania v. Finley, No. 85-2099 (U.S. Supreme Court) (481 U.S. 551; 107 S.Ct. 1991) (May 18, 1987) (Justice Rehnquist)

Article • July 6, 2001

Filed under: Appeals, Punch And Jurists

Pennsylvania v. Finley, No. 85-2099 (U.S. Supreme Court) (481 U.S. 551; 107 S.Ct. 1991) (May 18, 1987) (Justice Rehnquist) by In this case, which involved the application of Anders v. State of California, 386 U.S. 738 (1967), the Supreme Court held that there is no protected Sixth Amendment right to …

Landgraf v. USI Film Products, No. 92-757 (U.S. Supreme Court) (511 U.S. 244; 114 S.Ct. 1522) (April 26, 1994) (Justice Stevens)

Article • June 27, 2001

Filed under: Retroactivity, Punch And Jurists

Landgraf v. USI Film Products, No. 92-757 (U.S. Supreme Court) (511 U.S. 244; 114 S.Ct. 1522) (April 26, 1994) (Justice Stevens) by In this case, the Court considered whether the provisions of the Civil Rights Act of 1991 that provided expanded rights to recover compensatory and punitive damages in Title …

U.S. v. Banks-Giombetti, No. 00-1869 (7th Cir.) (245 F.3d 949) (March 30, 2001) (Per Curiam)

Article • May 1, 2001 • from P&J May, 2001

Filed under: Sanctions, Punch And Jurists

U.S. v. Banks-Giombetti, No. 00-1869 (7th Cir.) (245 F.3d 949) (March 30, 2001) (Per Curiam) by On the day of his trial for charges stemming from a bank robbery, the defendant in this case entered a guilty plea to the entire indictment. The district court (Judge Lozano), obviously displeased that …

U.S. v. Davis, No. 00-1952 (8th Cir.) (244 F.3d 666) (March 29, 2001) (Judge Theodore McMillian)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Sanctions, Punch And Jurists

U.S. v. Davis, No. 00-1952 (8th Cir.) (244 F.3d 666) (March 29, 2001) (Judge Theodore McMillian) by In this case, a divided panel from the Eighth Circuit took the rare step of affirming an order by the district court excluding certain DNA evidence as a discovery sanction against the Government, …

Shafer v. South Carolina, No. 00-5250 (U.S. Supreme Court) (532 U.S. 36; 121 S.Ct. 1263) (March 20, 2001) (Justice Ginsburg)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Jury Instructions, Punch And Jurists

Shafer v. South Carolina, No. 00-5250 (U.S. Supreme Court) (532 U.S. 36; 121 S.Ct. 1263) (March 20, 2001) (Justice Ginsburg) by Here the Court reversed a death sentence, holding that a trial court’s refusal to clarify to the jurors that a life sentence meant that the defendant was ineligible for …

Weaver v. Graham, No. 79-5780 (U.S. Supreme Court) (450 U.S. 24; 101 S.Ct. 960) (February 24, 1981) (Justice Marshall)

Article • July 19, 2000

Filed under: Retroactivity, Punch And Jurists

Weaver v. Graham, No. 79-5780 (U.S. Supreme Court) (450 U.S. 24; 101 S.Ct. 960) (February 24, 1981) (Justice Marshall) by In this case, the Supreme Court considered a situation in which a Florida trial court sentenced the petitioner to 15 years in prison for second-degree murder at a time when …

Lynce v. Mathis, No. 95-7452 (U.S. Supreme Court) (519 U.S. 433; 117 S.Ct. 891) (February 19, 1997) (Justice Stevens)

Article • July 19, 2000

Filed under: Retroactivity, Punch And Jurists

Lynce v. Mathis, No. 95-7452 (U.S. Supreme Court) (519 U.S. 433; 117 S.Ct. 891) (February 19, 1997) (Justice Stevens) by In this case the Court again returned to an issue that has been the subject of many recent decisions, starting with Dobbert v. Florida, 432 U.S. 282 (1977), and continuing …

California Dep't of Corrections v. Morales, No. 93-1462 (U.S. Supreme Court) (514 U.S. 499; 115 S.Ct. 1597) (April 25, 1995) (Justice Thomas)

Article • July 19, 2000

Filed under: Retroactivity, Punch And Jurists

California Dep't of Corrections v. Morales, No. 93-1462 (U.S. Supreme Court) (514 U.S. 499; 115 S.Ct. 1597) (April 25, 1995) (Justice Thomas) by In this case, the Court held that an amendment to California's parole procedures which decreased the frequency of parole hearings for certain offenders had not changed the …