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Gul v. Obama, No. 10-5117 (D.C. Cir.) (652 F.3d 12) (July 22, 2011) (Judge Douglas Ginsburg)
Article • August 8, 2011 • from P&J August, 2011
Filed under: Punch And Jurists
Gul v. Obama, No. 10-5117 (D.C. Cir.) (652 F.3d 12) (July 22, 2011) (Judge Douglas Ginsburg) by The two petitioners in this case, Nazul Gul and Adel Hamad, were arrested in Afghanistan and Pakistan, respectively, in 2003 and 2002; and promptly turned over to the United States. They were subsequently …
Doe v. Rumsfeld, No. 1:08-CV-1902 (D.D.C.) (800 F.Supp.2d 94) (August 2, 2011) (Judge James S. Gwin)
Article • August 8, 2011 • from P&J August, 2011
Filed under: Punch And Jurists, U.S. Citizens in Iraq
Doe v. Rumsfeld, No. 1:08-CV-1902 (D.D.C.) (800 F.Supp.2d 94) (August 2, 2011) (Judge James S. Gwin) by Vance v. Rumsfeld, 653 F.3d 591 (7th Cir. Aug. 8, 2011) (Judge David Hamilton) Doe v. Rumsfeld, 800 F.Supp.2d 94 (D.D.C. Aug. 2, 2011) (Judge James Gwin) "All power tends to corrupt and …
Electronic Privacy Info. v. Dept. of Homeland Security, No. 10-1157 (D.C. Cir.) (653 F.3d 1) (July 15, 2011) (Judge Douglas Ginsburg)
Article • August 8, 2011 • from P&J August, 2011
Filed under: Punch And Jurists, Advanced Imaging Technology
Electronic Privacy Info. v. Dept. of Homeland Security, No. 10-1157 (D.C. Cir.) (653 F.3d 1) (July 15, 2011) (Judge Douglas Ginsburg) by In this case, the Electronic Privacy Information Center (“EPIC”) and two individuals sued various Government agencies, including the Transportation Security Administration (“TSA”), charging that the use of the …
U.S. v. McCarthy, No. 09 cr. 1136 (WHP) (S.D.N.Y.) ( F.Supp.2d ) (May 19, 2011) (Judge William H. III Pauley)
Article • August 8, 2011 • from P&J August, 2011
Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence
U.S. v. McCarthy, No. 09 cr. 1136 (WHP) (S.D.N.Y.) ( F.Supp.2d ) (May 19, 2011) (Judge William H. III Pauley) by One of the most damning forms of judicial criticism of a particular Guideline provision is that it lacks sufficient empirical support for the sentence that is recommended. That charge, …
U.S. v. Mitchell, No. 09-4718 (3rd Cir.) (652 F.3d 387) (July 25, 2011) (Judge Julio M. Fuentes)
Article • August 8, 2011 • from P&J August, 2011
Filed under: Punch And Jurists, Pre-Trial Detainees
U.S. v. Mitchell, No. 09-4718 (3rd Cir.) (652 F.3d 387) (July 25, 2011) (Judge Julio M. Fuentes) by Here a sharply divided en banc court became the second Circuit Court to uphold the constitutionality of some recent revisions to the DNA Act which permits the Government to take DNA samples …
U.S. v. Divens, No. 09-4967 (4th Cir.) (650 F.3d 343) (July 5, 2011) (Judge Diana Gribbon Motz)
Article • August 8, 2011 • from P&J August, 2011
Filed under: Punch And Jurists, Waiver of Appellate Rights
U.S. v. Divens, No. 09-4967 (4th Cir.) (650 F.3d 343) (July 5, 2011) (Judge Diana Gribbon Motz) 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 …
Kinsel v. Cain, No. 10-30443 (5th Cir.) (647 F.3d 265) (July 19, 2011) (Judge Jacques L. Jr. Wiener)
Article • August 8, 2011 • from P&J August, 2011
Filed under: Punch And Jurists, Ineffective Assistance of Counsel
Kinsel v. Cain, No. 10-30443 (5th Cir.) (647 F.3d 265) (July 19, 2011) (Judge Jacques L. Jr. Wiener) by While no one can seriously pretend that the law is perfect, and while most serious observers would admit that the procedural barriers created by the AEDPA have made the path to …
Carafas v. LaVallee, No. 71 (U.S. Supreme Court) (391 U.S. 234; 88 S.Ct. 1556) (May 20, 2068) (Justice Fortas)
Article • August 7, 2011
Filed under: Punch And Jurists, Collateral Consequences Doctrine
Carafas v. LaVallee, No. 71 (U.S. Supreme Court) (391 U.S. 234; 88 S.Ct. 1556) (May 20, 2068) (Justice Fortas) by This case involved a petition for a writ of habeas corpos filed by a state prisoner after he had completed his term of incarceration and been discharged from parole. The …
Henry v. Purnell, No. 08-7433 (4th Cir.) (652 F.3d 524) (July 14, 2011) (Judge Roger L. Gregory)
Article • July 25, 2011 • from P&J July, 2011
Filed under: Punch And Jurists
Henry v. Purnell, No. 08-7433 (4th Cir.) (652 F.3d 524) (July 14, 2011) (Judge Roger L. Gregory) by Here a divided en banc court from the Fourth Circuit held, by a 9-3 vote, that a police officer who shot an unarmed suspect in 2003 is not entitled to the defense …
Cooey v. Kasich, No. 2:04-vc-1156 (S.D.Ohio) ( F.Supp.2d ) (July 8, 2011) (Judge Gregory L. Frost)
Article • July 25, 2011 • from P&J July, 2011
Filed under: Punch And Jurists, Excecution Protocols
Cooey v. Kasich, No. 2:04-vc-1156 (S.D.Ohio) ( F.Supp.2d ) (July 8, 2011) (Judge Gregory L. Frost) by Here the Court issued an important death penalty ruling in which iy held that Ohio has an unconstitutional death penalty policy because it’s injection protocols, “with unlimited capacity for deviation”, violate the Equal …
Flomo v. Firestone Natural Rubber Co., No. 10-3675 (7th Cir.) (643 F.3d 1013) (July 11, 2011) (Judge Richard A. Posner)
Article • July 25, 2011 • from P&J July, 2011
Filed under: Punch And Jurists, Corporate Liability
Flomo v. Firestone Natural Rubber Co., No. 10-3675 (7th Cir.) (643 F.3d 1013) (July 11, 2011) (Judge Richard A. Posner) by Here the Court took sharp issue with the Second Circuit’s counter-intuitive decision in Kiobel v. Royal Dutch Petroleum to the effect that the Alien Tort statute does not give …
U.S. v. Kennedy, No. 10-30065 (9th Cir.) (643 F.3d 1250) (July 11, 2011) (Judge Sandra S. Ikuta)
Article • July 25, 2011 • from P&J July, 2011
Filed under: Punch And Jurists
U.S. v. Kennedy, No. 10-30065 (9th Cir.) (643 F.3d 1250) (July 11, 2011) (Judge Sandra S. Ikuta) by Here the Court vacated a restitution order to the victims of a child pornography crime because the Government haf failed to prove that the defendant’s possession of those images had “proximately caused” …
Doe v. Exxon Mobil Corporation, No. 09-7125 (D.C. Cir.) (654 F.3d 11) (July 8, 2011) (Judge Judith W. Rogers)
Article • July 25, 2011 • from P&J July, 2011
Filed under: Punch And Jurists, Corporate Liability
Doe v. Exxon Mobil Corporation, No. 09-7125 (D.C. Cir.) (654 F.3d 11) (July 8, 2011) (Judge Judith W. Rogers) by Here a divied panel took sharp issue with the Second Circuit’s counter-intuitive decision in Kiobel v. Royal Dutch Petroleum to the effect that the Alien Tort statute does not give …
U.S. v. Evanston, No. 10-10159 (9th Cir.) (651 F.3d 1080) (July 5, 2011) (Judge Falcon B. Hawkins)
Article • July 25, 2011 • from P&J July, 2011
Filed under: Punch And Jurists
U.S. v. Evanston, No. 10-10159 (9th Cir.) (651 F.3d 1080) (July 5, 2011) (Judge Falcon B. Hawkins) by In this case of first impression, the Ninth Circuit held that a district court had abused its discretion in the management of jury deliberations when, after the administration of an unsuccessful Allen …
U.S. v. Frownfelter, No. 09-4211 (10th Cir.) (626 F.3d 549) (December 1, 2010) (Judge Carlos Lucero)
Article • July 25, 2011 • from P&J July, 2011
Filed under: Punch And Jurists, Frustration of Purpose Doctrine
U.S. v. Frownfelter, No. 09-4211 (10th Cir.) (626 F.3d 549) (December 1, 2010) (Judge Carlos Lucero) by During the period between February 2003 and October 2006, Douglas Frownfelter received some $24,596 in monthly adoption subsidy payments for a child that he and his former wife had adopted - but who …
U.S. v. Curtis, No. 09-20491 (5th Cir.) (635 F.3d 704) (March 11, 2011) (Judge Patrick E. Higginbotham)
Article • July 25, 2011 • from P&J July, 2011
Filed under: Punch And Jurists, Text Messages
U.S. v. Curtis, No. 09-20491 (5th Cir.) (635 F.3d 704) (March 11, 2011) (Judge Patrick E. Higginbotham) by Among the many issues raised in this appeal, the defendant challenged the constitutionality of a search of the text messages on his cell phone that took place incident to his arrest. The …
U.S. v. Polouizzi, No. 06-CR-22 (E.D.N.Y.) (760 F.Supp.2d 284) (January 14, 2011) (Judge Jack B. Weinstein)
Article • July 11, 2011 • from P&J July, 2011
Filed under: Punch And Jurists, Pending Designation by the BOP
U.S. v. Polouizzi, No. 06-CR-22 (E.D.N.Y.) (760 F.Supp.2d 284) (January 14, 2011) (Judge Jack B. Weinstein) by Over the course of the past few years, Judge Weinstein and the Second Circuit have engaged in a protracted and often bitter battle over the convictions and sentencing of Peter Polouizzi (who is …
U.S. v. Portillo-Munoz, No. 11-10086 (5th Cir.) (643 F.3d 437) (June 13, 2011) (Judge Will L. Garwood)
Article • July 11, 2011 • from P&J July, 2011
Filed under: Punch And Jurists, Illegal Aliens
U.S. v. Portillo-Munoz, No. 11-10086 (5th Cir.) (643 F.3d 437) (June 13, 2011) (Judge Will L. Garwood) by Here a divided panel held that illegal aliens don’t have Second Amendment rights because they’re not part of “the people,” as that phrase is used in the Second Amendment; and suggested that …
U.S. v. Orocio, No. 10-1231 (3rd Cir.) (645 F.3d 630) (June 29, 2011) (Judge Louis H. Pollak)
Article • July 11, 2011 • from P&J July, 2011
Filed under: Punch And Jurists, Post Padilla v. Kentucky
U.S. v. Orocio, No. 10-1231 (3rd Cir.) (645 F.3d 630) (June 29, 2011) (Judge Louis H. Pollak) by Here the Court became the first Circuit court to hold that the Supreme Court’s 2010 landmark ruling in Padilla v. Kentucky does not constitute a “new rule” of law and therefore it …
U.S. v. Jeanpierre, No. 10-1882 (8th Cir.) (636 F.3d 416) (April 12, 2011) (Judge Lavenski R. Smith)
Article • July 11, 2011 • from P&J July, 2011
Filed under: Punch And Jurists
U.S. v. Jeanpierre, No. 10-1882 (8th Cir.) (636 F.3d 416) (April 12, 2011) (Judge Lavenski R. Smith) by Here the Court addressed the defendant’s contention that the Government had violated its Brady obligations by failing to turn over to the defense a finding by a judge in an unrelated case …
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