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U.S. v. Bowdoin, No. Crim. No. 10-320 (RMC) (D.D.C.) (770 F.Supp.2d 142) (March 16, 2011) (Judge Rosemary M. Collyer)
Article • April 4, 2011 • from P&J April, 2011
Filed under: Punch And Jurists, Convenience of the Parties
U.S. v. Bowdoin, No. Crim. No. 10-320 (RMC) (D.D.C.) (770 F.Supp.2d 142) (March 16, 2011) (Judge Rosemary M. Collyer) by Thomas Bowdoin, Jr., a 77 year-old resident of Florida, was indicted by a Grand Jury in the District of Columbia on a number of charges arising out of an alleged …
U.S. v. Kulick, No. 09-3833 (3rd Cir.) (629 F.3d 165) (December 29, 2010) (Judge D. Michael Fisher)
Article • March 21, 2011 • from P&J March, 2011
Filed under: Punch And Jurists, Felon in Possession Statute
U.S. v. Kulick, No. 09-3833 (3rd Cir.) (629 F.3d 165) (December 29, 2010) (Judge D. Michael Fisher) by Anytime a court limits the scope and reach of the ubiquitous and far-reaching tentacles of the Guidelines’ “relevant conduct” provisions, that is a noteworthy ruling. And that is precisely what the Third …
U.S. v. Dobbs, No. 09-5025 (10th Cir.) (629 F.3d 1199) (January 5, 2011) (Judge Jerome A. Holmes)
Article • March 21, 2011 • from P&J March, 2011
Filed under: Punch And Jurists
U.S. v. Dobbs, No. 09-5025 (10th Cir.) (629 F.3d 1199) (January 5, 2011) (Judge Jerome A. Holmes) by Here a divided panel vacated a conviction for knowingly receiving child pornography in violation of § 2252(a)(2) after finding that the Government had failed to prove that possession of two images of …
U.S. v. Tinnie, No. 09-4082 (7th Cir.) (629 F.3d 749) (January 18, 2011) (Judge Daniel A. Manion)
Article • March 21, 2011 • from P&J March, 2011
Filed under: Punch And Jurists, Body Frisk
U.S. v. Tinnie, No. 09-4082 (7th Cir.) (629 F.3d 749) (January 18, 2011) (Judge Daniel A. Manion) by Circuit Judge David Hamilton (who was appointed to the Seventh Circuit in 2009 by President Obama) was clearly not happy when a majority of the panel on which he was sitting routinely …
U.S. v. Fisher, No. 10-2352 (7th Cir.) (635 F.3d 336) (March 11, 2011) (Judge Terrence T. Evans)
Article • March 21, 2011 • from P&J March, 2011
Filed under: Punch And Jurists, General Savings Statute
U.S. v. Fisher, No. 10-2352 (7th Cir.) (635 F.3d 336) (March 11, 2011) (Judge Terrence T. Evans) by In 2010, after some three decades of debate and controversy over the inherent unfairness of the Federal crack cocaine sentencing laws, Congress finally enacted the Fair Sentencing Act of 2010 (“FSA”). Its …
U.S. v. Kohring, No. 08-30170 (9th Cir.) (637 F.3d 895) (March 11, 2011) (Judge Sidney R. Thomas)
Article • March 21, 2011 • from P&J March, 2011
Filed under: Punch And Jurists
U.S. v. Kohring, No. 08-30170 (9th Cir.) (637 F.3d 895) (March 11, 2011) (Judge Sidney R. Thomas) by Here the majority vacated a series of convictions for public corruption and ordered a new trial based on serious violations of the Government’s Brady/Giglio disclosure obligations; but Judge Fletcher dissented because the …
Lebron v. Rumsfeld, No. 2:07-410-RMG (D.S.C.) (764 F.Supp.2d 787) (February 17, 2011) (Judge Richard Mark Gergel)
Article • March 7, 2011 • from P&J March, 2011
Filed under: Punch And Jurists, Clearly Established Rights
Lebron v. Rumsfeld, No. 2:07-410-RMG (D.S.C.) (764 F.Supp.2d 787) (February 17, 2011) (Judge Richard Mark Gergel) by Here the Court dismissed a civil rights lawsuit brought by Jose Padilla alleging torture and other constitutional violations after concluding that his rights as an enemy combatant were not clearly established at the …
U.S. v. Barton, No. 09-2211 (3rd Cir.) (633 F.3d 168) (March 4, 2011) (Judge Thomas Michael Hardiman)
Article • March 7, 2011 • from P&J March, 2011
Filed under: Punch And Jurists, Felon in Possession Statute
U.S. v. Barton, No. 09-2211 (3rd Cir.) (633 F.3d 168) (March 4, 2011) (Judge Thomas Michael Hardiman) by In this decision, the Third Circuit set forth one of the most detailed and thoughtful analyses we have seen to date of an “as applied” challenge to the constitutionality of the Federal …
Walker v. Martin, No. 09-996 (U.S. Supreme Court) (562 U.S. 307; 131 S.Ct. 1120) (February 23, 2011) (Justice Ginsburg)
Article • March 7, 2011 • from P&J March, 2011
Filed under: Punch And Jurists, Adequate and Independent Grounds
Walker v. Martin, No. 09-996 (U.S. Supreme Court) (562 U.S. 307; 131 S.Ct. 1120) (February 23, 2011) (Justice Ginsburg) by Here a unanimous Court reversed a 9th Circuit habeas ruling and upheld California's relatively flexible procedural rule requiring that habeas petitions be filed “as promptly as the circumstances allow”, concluding …
Michigan v. Bryant, No. 09-150 (U.S. Supreme Court) (562 U.S. 344; 131 S.Ct. 1143) (February 28, 2011) (Justice Sotomayor)
Article • March 7, 2011 • from P&J March, 2011
Filed under: Punch And Jurists, Ongoing Emergency, Theory of
Michigan v. Bryant, No. 09-150 (U.S. Supreme Court) (562 U.S. 344; 131 S.Ct. 1143) (February 28, 2011) (Justice Sotomayor) by Here a divided Court held, over a bitter dissent by Justice Scalia, that a statement given to police by a wounded crime victim may be admitted as evidence at the …
Skinner v. Switzer, No. 09-9000 (U.S. Supreme Court) (562 U.S. 521; 131 S.Ct. 1289) (March 7, 2011) (Justice Ginsburg)
Article • March 7, 2011 • from P&J March, 2011
Filed under: Punch And Jurists, DNA Evidence/Testing
Skinner v. Switzer, No. 09-9000 (U.S. Supreme Court) (562 U.S. 521; 131 S.Ct. 1289) (March 7, 2011) (Justice Ginsburg) by Here, in a narror ruing, the Court held, by a 6-3 vote, that the Federal courts may hear, in a civil rights suit under 42 U.S.C. § 1983, a claim …
Wall v. Kholi, No. 09-868 (U.S. Supreme Court) (562 U.S. 545; 131 S.Ct. 1278) (March 7, 2011) (Justice Alito)
Article • March 7, 2011 • from P&J March, 2011
Filed under: Punch And Jurists
Wall v. Kholi, No. 09-868 (U.S. Supreme Court) (562 U.S. 545; 131 S.Ct. 1278) (March 7, 2011) (Justice Alito) by In another of its seemingly endless series of dense and impenetrable decisions on the meaning of some of the equally dense and impenetrable provisions in the Antiterrorism and Effective Death …
Pepper v. U.S., No. 09-6822 (U.S. Supreme Court) (562 U.S. 476; 131 S.Ct. 1229) (March 2, 2011) (Justice Sotomayor)
Article • March 7, 2011 • from P&J March, 2011
Filed under: Punch And Jurists, Post Sentence Rehabilitative Conduct
Pepper v. U.S., No. 09-6822 (U.S. Supreme Court) (562 U.S. 476; 131 S.Ct. 1229) (March 2, 2011) (Justice Sotomayor) by Here the Court held, by a 6-2 vote, that, at a resentencing on a remand, a district court may consider virtually any evidence relating to the defendant including any postsentencing …
U.S. v. Booker, No. 04-104 (U.S. Supreme Court) (543 U.S. 220; 125 S.Ct. 738) (January 12, 2005) (Justice Stevens)
Article • March 5, 2011
Filed under: Sixth Amendment, Punch And Jurists
U.S. v. Booker, No. 04-104 (U.S. Supreme Court) (543 U.S. 220; 125 S.Ct. 738) (January 12, 2005) (Justice Stevens) by In this long-awaited decision, the Supreme Court finally expounded upon the impact of its ruling in Blakely v. Washington, 542 U.S. 296 (2004) on the Federal Sentencing Guidelines. The result …
Kiobel v. Royal Dutch Petroleum Co., No. 06-4800-cv (2nd Cir.) (642 F.3d 268) (February 4, 2011) (Per Curiam)
Article • February 21, 2011 • from P&J February, 2011
Filed under: Punch And Jurists, Corporate Liability
Kiobel v. Royal Dutch Petroleum Co., No. 06-4800-cv (2nd Cir.) (642 F.3d 268) (February 4, 2011) (Per Curiam) by A 5-5 vote by the 2nd Circuit lets stand a precedent-setting decision rejecting corporate (as opposed to natural person's) liabiliity in U.S. courts under the Alien Tort Statute, 28 U.S.C. §1350, …
U.S. v. Szymanski, No. 09-3524 (6th Cir.) (631 F.3d 794) (February 7, 2011) (Judge Gilbert S. Merritt)
Article • February 21, 2011 • from P&J February, 2011
Filed under: Punch And Jurists, Receipt versus Possession
U.S. v. Szymanski, No. 09-3524 (6th Cir.) (631 F.3d 794) (February 7, 2011) (Judge Gilbert S. Merritt) by Here the Court reversed both a conviction and sentence for receipt of child pornography after finding, sua sponte, that the defendant was not adequately informed of the nature of the charges against …
U.S. v. Hassock, No. 09-5193-cr (2nd Cir.) (631 F.3d 79) (January 28, 2011) (Judge Roger J. Miner)
Article • February 21, 2011 • from P&J February, 2011
Filed under: Punch And Jurists, Protective Sweeps
U.S. v. Hassock, No. 09-5193-cr (2nd Cir.) (631 F.3d 79) (January 28, 2011) (Judge Roger J. Miner) by Here the Court affirmed the suppression of evidence of a gun found in an apartment, holding that the "knock and talk" search employed in this case was pretextual in nature and “cannot …
National Day Laborer Organizing Network v. U.S. Immigration and Customs Enforcement Agency, No. 10 Civ. 3488 (SAS) (S.D.N.Y.) ( F.Supp.2d ) (February 7, 2011) (Judge Shira A. Scheindlin)
Article • February 21, 2011 • from P&J February, 2011
Filed under: Punch And Jurists, Searchable Metadata
National Day Laborer Organizing Network v. U.S. Immigration and Customs Enforcement Agency, No. 10 Civ. 3488 (SAS) (S.D.N.Y.) ( F.Supp.2d ) (February 7, 2011) (Judge Shira A. Scheindlin) by Here Judge Scheindlin held that the Government, when responding to a FOIA request for electronically stored information, must provide the requester …
U.S. v. Flyer, No. 08-10580 (9th Cir.) (633 F.3d 911) (February 8, 2011) (Judge Sidney R. Thomas)
Article • February 21, 2011 • from P&J February, 2011
Filed under: Punch And Jurists
U.S. v. Flyer, No. 08-10580 (9th Cir.) (633 F.3d 911) (February 8, 2011) (Judge Sidney R. Thomas) by For the second time in less than three months, the Ninth Circuit has reversed a child pornography conviction that was initiated by Agent Robin Andrews of the FBI’s Tucson, AZ who apparently …
U.S. v. Begay, No. 10-2068 (10th Cir.) (631 F.3d 1168) (February 7, 2011) (Judge Mary Beck Briscoe)
Article • February 21, 2011 • from P&J February, 2011
Filed under: Punch And Jurists
U.S. v. Begay, No. 10-2068 (10th Cir.) (631 F.3d 1168) (February 7, 2011) (Judge Mary Beck Briscoe) by Here the defendant, Toby Begay, a convicted sex offender, appealed the district court’s modification of the conditions of his supervised release to include clinical polygraph testing. Title 18 U.S.C. § 3583(e)(2) sets …
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