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U.S. v. Douglas, No. 10-2341 (1st Cir.) (644 F.3d 39) (May 31, 2011) (Judge Michael Boudin)

Article • July 11, 2011 • from P&J July, 2011

Filed under: Punch And Jurists, Pre-Effective Date Crimes

U.S. v. Douglas, No. 10-2341 (1st Cir.) (644 F.3d 39) (May 31, 2011) (Judge Michael Boudin) by U.S. v. Douglas, No. 10-2341 (1st Cir. May 31, 2011) (Judge Michael Boudin) U.S. v. Rojas, No. 10-14662 (11th Cir. July 6, 2011) (Per Curiam) There’s lots of big news regarding the retroactivity …

U.S. v. Wells, No. CR 10-116 BDB (N.D.Okla.) (789 F.Supp.2d 1270) (May 12, 2011) (Judge Bruce D. Black)

Article • July 11, 2011 • from P&J July, 2011

Filed under: Punch And Jurists

U.S. v. Wells, No. CR 10-116 BDB (N.D.Okla.) (789 F.Supp.2d 1270) (May 12, 2011) (Judge Bruce D. Black) by As cell phone cameras become more widespread, more and more people are capturing rogue police officers on video engaging in outrageous, if not outright illegal, conduct. Fearful of criminal prosecution or …

U.S. v. Rojas, No. 10-14662 (11th Cir.) (645 F.3d 1234) (July 6, 2011) (Per Curiam)

Article • July 11, 2011 • from P&J July, 2011

Filed under: Punch And Jurists, Pre-Effective Date Crimes

U.S. v. Rojas, No. 10-14662 (11th Cir.) (645 F.3d 1234) (July 6, 2011) (Per Curiam) by Here the Eleventh Circuit became the second Circuit Court to hold that the Fair Sentencing Act of 2010 applies to defendants who committed crack cocaine offenses before August 3, 2010, the effective date of …

J.D.B. v. North Carolina, No. 09-11121 (U.S. Supreme Court) (564 U.S. 261; 131 S.Ct. 2394) (June 16, 2011) (Justice Sotomayor)

Article • June 27, 2011 • from P&J June, 2011

Filed under: Punch And Jurists, Minors

J.D.B. v. North Carolina, No. 09-11121 (U.S. Supreme Court) (564 U.S. 261; 131 S.Ct. 2394) (June 16, 2011) (Justice Sotomayor) by Because it was generally recognized that custodial police interrogations entail “inherently compelling pressures,” the Supreme Court, in Miranda v. Arizona, 541 U.S. 652 (2004), adopted a set of prophylactic …

Davis v. U.S., No. 09-11328 (U.S. Supreme Court) (564 U.S. 229; 131 S.Ct. 2419) (June 16, 2011) (Justice Alito)

Article • June 27, 2011 • from P&J June, 2011

Filed under: Punch And Jurists, Good Faith Reliance on Binding Precedent

Davis v. U.S., No. 09-11328 (U.S. Supreme Court) (564 U.S. 229; 131 S.Ct. 2419) (June 16, 2011) (Justice Alito) by The opening paragraph of Justice Alito’s 7-2 majority opinion in this case described, in deceptively mellow words, the issue before the Court and the Court’s ruling as follows: “The Fourth …

Bullcoming v. New Mexico, No. 09-10876 (U.S. Supreme Court) (564 U.S. 647; 131 S.Ct. 2705) (June 23, 2011) (Justice Ginsburg)

Article • June 27, 2011 • from P&J June, 2011

Filed under: Punch And Jurists, Crime Lab Reports

Bullcoming v. New Mexico, No. 09-10876 (U.S. Supreme Court) (564 U.S. 647; 131 S.Ct. 2705) (June 23, 2011) (Justice Ginsburg) by This case was, as much as anything else, an important test of whether the Supreme Court - in the aftermath of the retirements of Justices Stevens and Souter - …

Freeman v. U.S., No. 09-10245 (U.S. Supreme Court) (564 U.S. 522; 131 S.Ct. 2685) (June 23, 2011) (Justice Kennedy)

Article • June 27, 2011 • from P&J June, 2011

Filed under: Punch And Jurists

Freeman v. U.S., No. 09-10245 (U.S. Supreme Court) (564 U.S. 522; 131 S.Ct. 2685) (June 23, 2011) (Justice Kennedy) by This case involves the interrelationship between two different provisions of Federal Sentencing Law - namely Rule 11(c)(1)(C) of the Fed.R.Crim.P. and 18 U.S.C. § 3582(c)(2). Rule 11(c)(1)(C) is the provision …

Tapia v. U.S., No. 10-5400 (U.S. Supreme Court) (564 U.S. 319; 131 S.Ct. 2382) (June 16, 2011) (Justice Kagan)

Article • June 27, 2011 • from P&J June, 2011

Filed under: Punch And Jurists

Tapia v. U.S., No. 10-5400 (U.S. Supreme Court) (564 U.S. 319; 131 S.Ct. 2382) (June 16, 2011) (Justice Kagan) by Here a unanimous Supreme Court held that a provision of the Sentencing Reform Act, namely 18 U.S.C. § 3582(a), "does not permit a sentencing court to impose or lengthen a …

Gilbert v. U.S., No. 09-12513 (11th Cir.) (640 F.3d 1293) (May 19, 2011) (Judge Edward E. Carnes)

Article • June 27, 2011 • from P&J May, 2011

Filed under: Punch And Jurists

Gilbert v. U.S., No. 09-12513 (11th Cir.) (640 F.3d 1293) (May 19, 2011) (Judge Edward E. Carnes) by Here an 8-3 majority held that a federal prisoner who had previously filed an application for relief under § 2255 could not use the “savings clause” to raise, in a later § …

Turner v. Rogers, No. 10-10 (U.S. Supreme Court) (564 U.S. 431; 131 S.Ct. 2507) (June 20, 2011) (Justice Breyer)

Article • June 27, 2011 • from P&J June, 2011

Filed under: Punch And Jurists, Child Support Orders

Turner v. Rogers, No. 10-10 (U.S. Supreme Court) (564 U.S. 431; 131 S.Ct. 2507) (June 20, 2011) (Justice Breyer) by Here a unanimous Court held that a “deadbeat” father has no automatic due process right to counsel in a civil contempt proceeding, even when facing jail time; but 5 Justices …

Janus Capital Group v. First Derivative Traders, No. 09-525 (U.S. Supreme Court) (564 U.S. 135; 131 S.Ct. 2296) (June 13, 2011) (Justice Thomas)

Article • June 16, 2011

Filed under: Punch And Jurists, Primary Liability

Janus Capital Group v. First Derivative Traders, No. 09-525 (U.S. Supreme Court) (564 U.S. 135; 131 S.Ct. 2296) (June 13, 2011) (Justice Thomas) by Here, a divided Court held that a mutual fund investment advisor cannot be held primarily liable in a private securities-fraud action under Rule 10b-5 for “participating …

Sykes v. U.S., No. 09-11311 (U.S. Supreme Court) (564 U.S. 1; 131 S.Ct. 2267) (June 9, 2011) (Justice Kennedy)

Article • June 13, 2011 • from P&J June, 2011

Filed under: Punch And Jurists

Sykes v. U.S., No. 09-11311 (U.S. Supreme Court) (564 U.S. 1; 131 S.Ct. 2267) (June 9, 2011) (Justice Kennedy) by Sykes v. U.S., 564 U.S. ___, 131 S.Ct. 2267 (U.S. Sup. Ct. June 9, 2011) (Justice Kennedy) McNeill v. U.S., 563 U.S. ___, 131 S.Ct. 2218 (U.S. Sup. Ct. June …

McNeill v. U.S., No. 10-5258 (U.S. Supreme Court) (563 U.S. 816; 131 S.Ct. 2218) (June 6, 2011) (Justice Thomas)

Article • June 13, 2011 • from P&J June, 2011

Filed under: Punch And Jurists

McNeill v. U.S., No. 10-5258 (U.S. Supreme Court) (563 U.S. 816; 131 S.Ct. 2218) (June 6, 2011) (Justice Thomas) by Here a unanimous Court held that, for purposes of determining whether a state crime qualifies as a serious drug offense under the ACCA, the district court must look to the …

Ashcroft v. al-Kidd, No. 10-98 (U.S. Supreme Court) (563 U.S. 731; 131 S.Ct. 2074) (May 31, 2011) (Justice Scalia)

Article • June 13, 2011 • from P&J June, 2011

Filed under: Punch And Jurists, Preventative Detention

Ashcroft v. al-Kidd, No. 10-98 (U.S. Supreme Court) (563 U.S. 731; 131 S.Ct. 2074) (May 31, 2011) (Justice Scalia) by Here a unanimous Court held that former AG Ashcroft was immune from suit for using the Material Witness Statute as a pretext for detaining suspected terrorists; but four of the …

Camreta v. Greene, No. 09-1454 (U.S. Supreme Court) (563 U.S. 692; 131 S.Ct. 2020) (May 26, 2011) (Justice Kagan)

Article • June 13, 2011 • from P&J June, 2011

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Camreta v. Greene, No. 09-1454 (U.S. Supreme Court) (563 U.S. 692; 131 S.Ct. 2020) (May 26, 2011) (Justice Kagan) by [Editor's Note: Because the Court essentially decided that the main issue in this closely watched case regarding qualified immunity was “moot,” and because the Court therefore declined to rule on …

Fowler v. U.S., No. 10-5443 (U.S. Supreme Court) (563 U.S. 668; 131 S.Ct. 2045) (May 26, 2011) (Justice Breyer)

Article • June 13, 2011 • from P&J June, 2011

Filed under: Punch And Jurists, Mens Rea

Fowler v. U.S., No. 10-5443 (U.S. Supreme Court) (563 U.S. 668; 131 S.Ct. 2045) (May 26, 2011) (Justice Breyer) by Here, a sharply divided Court debated the burden of proof required to obtain a conviction under the Federal witness tampering statute, namely 18 U.S.C. § 1512(a)(1)(C); and ultimately chose, over …

DePierre v. U.S., No. 09-1533 (U.S. Supreme Court) (564 U.S. 70; 131 S.Ct. 2225) (June 9, 2011) (Justice Sotomayor)

Article • June 13, 2011 • from P&J June, 2011

Filed under: Punch And Jurists, Differences

DePierre v. U.S., No. 09-1533 (U.S. Supreme Court) (564 U.S. 70; 131 S.Ct. 2225) (June 9, 2011) (Justice Sotomayor) by Here the Court finally resolved the longstanding dispute among the Circuit Courts over the correct meaning of the term “cocaine base” as used in 21 U.S.C. § 841(b)(1), and held …

U.S. v. Tinklenberg, No. 09-1498 (U.S. Supreme Court) (563 U.S. 647; 131 S.Ct. 2007) (May 26, 2011) (Justice Breyer)

Article • June 13, 2011 • from P&J June, 2011

Filed under: Punch And Jurists, Periods of Delay

U.S. v. Tinklenberg, No. 09-1498 (U.S. Supreme Court) (563 U.S. 647; 131 S.Ct. 2007) (May 26, 2011) (Justice Breyer) by In a tedious and labyrinthine decision involving the statutory interpretation of two different provisions of the Speedy Trial Act of 1974 (“STA”), the Supreme Court held that the Sixth Circuit …

Teague v. Lane, No. 87-5259 (U.S. Supreme Court) (489 U.S. 288; 109 S.Ct. 1060) (February 22, 1989) (Justice O'Connor)

Article • June 2, 2011

Filed under: Punch And Jurists

Teague v. Lane, No. 87-5259 (U.S. Supreme Court) (489 U.S. 288; 109 S.Ct. 1060) (February 22, 1989) (Justice O'Connor) by In this seminal case, a plurality held that, subject to two narrow exceptions, new court-made constitutional rules of criminal procedure will not be applicable to those habeas cases which have …

Herr v. Peterson, No. Civ. No. 09-2741 (RHK/FLN) (D.Minn.) (751 F.Supp.2d 1093) (November 16, 2010) (Judge Richard H. Kyle)

Article • May 30, 2011 • from P&J May, 2011

Filed under: Punch And Jurists

Herr v. Peterson, No. Civ. No. 09-2741 (RHK/FLN) (D.Minn.) (751 F.Supp.2d 1093) (November 16, 2010) (Judge Richard H. Kyle) by Here the Court dismissed, on the grounds of qualified immunity, an excessive force lawsuit against a SWAT team of police officers who broke into a house, grabbed an unarmed mother, …