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U.S. v. McDaniel, No. 09-15038 (11th Cir.) (631 F.3d 1204) (January 28, 2011) (Judge Charles R. Wilson)
Article • February 7, 2011 • from P&J February, 2011
Filed under: Punch And Jurists
U.S. v. McDaniel, No. 09-15038 (11th Cir.) (631 F.3d 1204) (January 28, 2011) (Judge Charles R. Wilson) by Here the Court became the first Circuit to affirm the payment of restitution by a defendant convicted of downloading child pornography to the victim after finding that the defendant’s possession of the …
U.S. v. Santana, No. 09-CR-1022 (KMK) (S.D.N.Y.) (761 F.Supp.2d 131) (January 20, 2011) (Judge Kenneth M. Karas)
Article • February 7, 2011 • from P&J February, 2011
Filed under: Punch And Jurists, Pre-Effective Date Crimes
U.S. v. Santana, No. 09-CR-1022 (KMK) (S.D.N.Y.) (761 F.Supp.2d 131) (January 20, 2011) (Judge Kenneth M. Karas) by Here the Court held that a number of defendants who committed crimes involving crack cocaine before the enactment of the Fair Sentencing Act of 2010 were not entitled to the benefits of …
U.S. v. Lyons, No. 6:01-cr-134-Orl-31DAB (M.D.Fla.) (726 F.Supp.2d 1359) (July 1, 2010) (Judge Gregory A. Presnell)
Article • February 7, 2011 • from P&J February, 2011
Filed under: Punch And Jurists, Unjust Conviction Statute
U.S. v. Lyons, No. 6:01-cr-134-Orl-31DAB (M.D.Fla.) (726 F.Supp.2d 1359) (July 1, 2010) (Judge Gregory A. Presnell) by This decision is noted because it contains one of the most comprehensive and current analyses of the history and development of the Federal Unjust Conviction Statute (“UCS”), which is now codified at 28 …
Carter v. U.S., No. 04-CV-4889 (FB) (JMA) (E.D.N.Y.) (725 F.Supp.2d 346) (July 20, 2010) (Judge Frederic Block)
Article • February 7, 2011 • from P&J February, 2011
Filed under: Punch And Jurists, Private Analog Requirement
Carter v. U.S., No. 04-CV-4889 (FB) (JMA) (E.D.N.Y.) (725 F.Supp.2d 346) (July 20, 2010) (Judge Frederic Block) by Here the Court affirmed its jurisdictional authority to award of $300,000 in damages for past and future emotional distress in a Federal Tort Claims Act action against the Government arising out of …
Ortiz v. Jordan, No. 09-737 (U.S. Supreme Court) (562 U.S. 180; 131 S.Ct. 884) (January 24, 2011) (Justice Ginsburg)
Article • February 7, 2011 • from P&J February, 2011
Filed under: Punch And Jurists, Waiver of Rights
Ortiz v. Jordan, No. 09-737 (U.S. Supreme Court) (562 U.S. 180; 131 S.Ct. 884) (January 24, 2011) (Justice Ginsburg) by Here, in a mundane procedural ruling, a unanimous Court held that prison officials who were defendants in a civil rights lawsuit may not appeal an order denying summary judgment on …
U.S. v. Douglas, No. 09-202-P-H (D.Me.) (746 F.Supp.2d 220) (October 27, 2010) (Judge D. Brock Hornby)
Article • February 7, 2011 • from P&J February, 2011
Filed under: Punch And Jurists, Fair Sentencing Act of 2010
U.S. v. Douglas, No. 09-202-P-H (D.Me.) (746 F.Supp.2d 220) (October 27, 2010) (Judge D. Brock Hornby) by Here the Court held that a defendant who pled guilty of committing a crack offense in 2009 but who was not yet sentenced on November 1, 2010, is entitled to be sentenced under …
Doe v. Boland, No. 09-4281 (6th Cir.) (630 F.3d 491) (January 19, 2011) (Judge Jeffrey S. Sutton)
Article • February 7, 2011 • from P&J February, 2011
Filed under: Expert Witnesses, Punch And Jurists
Doe v. Boland, No. 09-4281 (6th Cir.) (630 F.3d 491) (January 19, 2011) (Judge Jeffrey S. Sutton) by One of the most controversial provisions of the Adam Walsh Child Protection and Safety Act of 2006 (the “Adam Walsh Act”) states that, in any criminal proceeding, child pornography “shall remain in …
U.S. v. Renzi, No. CR08-212 TUC DCB BPV (D.Ariz.) (722 F.Supp.2d 1100) (June 4, 2010) (Judge David C. Bury)
Article • January 24, 2011 • from P&J January, 2011
Filed under: Punch And Jurists, Suppression
U.S. v. Renzi, No. CR08-212 TUC DCB BPV (D.Ariz.) (722 F.Supp.2d 1100) (June 4, 2010) (Judge David C. Bury) by Here the Court upheld a sweeping suppression order by a Magistrate Judge barring the Government from using unlawfully intercepted and privileged communications between the defendant and his counsel that went …
Abdah v. Obama, No. 05-5224 (D.C. Cir.) (630 F.3d 1047) (January 11, 2011) (Per Curiam)
Article • January 24, 2011 • from P&J January, 2011
Filed under: Punch And Jurists, Right to Block Transfer
Abdah v. Obama, No. 05-5224 (D.C. Cir.) (630 F.3d 1047) (January 11, 2011) (Per Curiam) by Here, over the strong dissent of three judges, the Court declined the petition of some 30 detainees at Guantanamo Bay who asked for an en banc review of the Court's its controversial decision in …
U.S. v. Grant, No. 07-3831 (6th Cir.) (636 F.3d 803) (January 11, 2011) (Judge Julia Smith Gibbons)
Article • January 24, 2011 • from P&J January, 2011
Filed under: Punch And Jurists, Factors To Be Considered
U.S. v. Grant, No. 07-3831 (6th Cir.) (636 F.3d 803) (January 11, 2011) (Judge Julia Smith Gibbons) by Here a divided en banc court debated, but did not fully resolve, the issue of whether and to what extent a district court may consider factors beyond substantial assistance in ruling on …
American Civil Liberties Union of Illinois v. Alvarez, No. 10 C 5235 (N.D.Ill.) (2011 WL 66030) (January 10, 2011) (Judge Suzanne B. Conlon)
Article • January 24, 2011 • from P&J January, 2011
Filed under: Punch And Jurists
American Civil Liberties Union of Illinois v. Alvarez, No. 10 C 5235 (N.D.Ill.) (2011 WL 66030) (January 10, 2011) (Judge Suzanne B. Conlon) by This is an interesting case in which the American Civil Liberties Union of Illinois (herein the “ACLU”) sought to affirm a First Amendment right to audio-record …
U.S. v. Leal-Felix, No. 09-50426 (9th Cir.) (625 F.3d 1118) (November 11, 2010) (Judge Alfred T. Goodwin)
Article • January 24, 2011 • from P&J January, 2011
Filed under: Punch And Jurists
U.S. v. Leal-Felix, No. 09-50426 (9th Cir.) (625 F.3d 1118) (November 11, 2010) (Judge Alfred T. Goodwin) by This is one of those supremely silly (but highly entertaining) Guidelines’ decisions in which grown-up judges actually took some 8,000 words to debate whether a traffic “citation” constitutes an “arrest” within the …
Premo v. Moore, No. 09-658 (U.S. Supreme Court) (562 U.S. 115; 131 S.Ct. 733) (January 19, 2011) (Justice Kennedy)
Article • January 24, 2011 • from P&J January, 2011
Filed under: Punch And Jurists, Strickland Standard
Premo v. Moore, No. 09-658 (U.S. Supreme Court) (562 U.S. 115; 131 S.Ct. 733) (January 19, 2011) (Justice Kennedy) by Harrington v. Richter, 131 S.Ct. 770 (Jan. 19, 2011) (Justice Kennedy) Premo v. Moore, 131 S.Ct. 733 (Jan. 19, 2011) (Justice Kennedy) In these companion decisions, a unanimous Supreme Court …
Harrington v. Richter, No. 09-587 (U.S. Supreme Court) (562 U.S. 86; 131 S.Ct. 770) (January 19, 2011) (Justice Kennedy)
Article • January 24, 2011 • from P&J January, 2011
Filed under: Punch And Jurists, Summary Disposition
Harrington v. Richter, No. 09-587 (U.S. Supreme Court) (562 U.S. 86; 131 S.Ct. 770) (January 19, 2011) (Justice Kennedy) by Here, after sharrply chiding the Ninth Circuit for showing “judicial disregard for the sound and established principles," the Coiurt unanimously reversed a habeas grant based on ineffective assistance of counsel …
Pearson v. Holder, No. 09-10808 (5th Cir.) (624 F.3d 682) (October 20, 2010) (Judge Jacques L. Jr. Wiener)
Article • January 10, 2011 • from P&J January, 2011
Filed under: Punch And Jurists, Sex Offense Registration Act (SORNA)
Pearson v. Holder, No. 09-10808 (5th Cir.) (624 F.3d 682) (October 20, 2010) (Judge Jacques L. Jr. Wiener) by This case explores an interesting jurisdictional question that has divided the Circuits about when an inmate can challenge the registration requirements of the Federal Sex Offender Registration and Notification Act (“SORNA”), …
U.S. v. Chester, No. 09-4084 (4th Cir.) (628 F.3d 673) (December 30, 2010) (Judge William B. Jr. Traxler)
Article • January 10, 2011 • from P&J January, 2011
Filed under: Punch And Jurists, Misdemeanor Crime of Domestic Violence
U.S. v. Chester, No. 09-4084 (4th Cir.) (628 F.3d 673) (December 30, 2010) (Judge William B. Jr. Traxler) by Here, after one of the most detailed analyses to date of the constitutional validity of 18 U.S.C. § 922(g)(9) in the aftermath of District of Columbia v. Heller, the Court remanded …
U.S. v. Gipson, No. 1:08CR385 (E.D.Va.) (714 F.Supp.2d 571) (May 24, 2010) (Judge Thomas Selby III Ellis)
Article • January 10, 2011 • from P&J January, 2011
Filed under: Punch And Jurists
U.S. v. Gipson, No. 1:08CR385 (E.D.Va.) (714 F.Supp.2d 571) (May 24, 2010) (Judge Thomas Selby III Ellis) by The Mandatory Victims Restitution Act of 1996, 18 U.S.C. § 3666A (“MVRA”) vests continuing jurisdiction over restitution proceedings in the original sentencing court. As often happens in the complex maze of Federal …
U.S. v. Berry, No. 08-35002 (9th Cir.) (624 F.3d 1031) (October 22, 2010) (Judge A. Wallace Tashima)
Article • January 10, 2011 • from P&J January, 2011
Filed under: Due Process, Punch And Jurists
U.S. v. Berry, No. 08-35002 (9th Cir.) (624 F.3d 1031) (October 22, 2010) (Judge A. Wallace Tashima) by This is an interesting decision which addresses a forensic testing technique long used by the FBI known as “compositional analysis of bullet lead” (which is sometimes referred to as “CABL” or “CBLA”). …
U.S. v. Wilson, No. 06-4180 (4th Cir.) (624 F.3d 640) (August 11, 2010) (Judge G. Steven Agee)
Article • January 10, 2011 • from P&J January, 2011
Filed under: Punch And Jurists, Propensity Evidence
U.S. v. Wilson, No. 06-4180 (4th Cir.) (624 F.3d 640) (August 11, 2010) (Judge G. Steven Agee) by
Williams v. Norris, No. 5:05CV00048JMM/HLJ (E.D.Ark.) (721 F.Supp.2d 824) (June 14, 2010) (Judge James M. Moody)
Article • January 10, 2011 • from P&J January, 2011
Filed under: Punch And Jurists, Administrative Detention/Segregation
Williams v. Norris, No. 5:05CV00048JMM/HLJ (E.D.Ark.) (721 F.Supp.2d 824) (June 14, 2010) (Judge James M. Moody) by Here the Court approved an award of $4,846 in nominal damages in a lawsuit under the Prison Litigation Reform Act by an inmate who was held in Administrative Segregation for 4,846 days without …
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