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Article • January 10, 2011 • from P&J January, 2011
Johnson v. Bredesen, No. 08-6377 (6th Cir.) (624 F.3d 742) (October 28, 2010) (Judge Deborah L. Cook) by Here a divided panel rejected a series of constitutional challenges brought by Tennessee inmates to a law that conditions the restoration of voting rights to convicted felons on the payment of any …
Article • January 10, 2011 • from P&J January, 2011
Wilson v. Rees, No. 09-6306 (6th Cir.) (624 F.3d 737) (October 14, 2010) (Per Curiam) by In this capital case, 14 of the 15 active sitting judges on the Sixth Circuit voted against granting a rehearing en banc to review the death sentence imposed on Gregory Lee Wilson by a …
Article • January 10, 2011 • from P&J January, 2011
Farrakhan v. Gregoire, No. 06-35669 (9th Cir.) (623 F.3d 990) (October 7, 2010) (Per Curiam) by In the 01/11/10 issue of P&J, we noted an interesting decision in which a divided panel from the Ninth Circuit held that a Washington State law that automatically disenfranchises felons in prison violates the …
Article • December 27, 2010 • from P&J December, 2010
U.S. v. Pool, No. 09-10303 (9th Cir.) (621 F.3d 1213) (September 14, 2010) (Judge Consuelo M. Callahan) by Here, a divided panel held that a provision of the Bail Reform Act requiring pretrial detainees to give DNA samples as a condition of pretrial release does not violate the Fourth Amendment …
Article • December 27, 2010 • from P&J December, 2010
U.S. v. Warshak, No. 08-3997 (6th Cir.) (631 F.3d 266) (December 14, 2010) (Judge Danny J. Boggs) by Here, calling emails the “technological scion of tangible mail,” the Sixth Circuit became the first Circuit Court to uphold a right of privacy under the Fourth Amendment to private emails, holding that …
Article • December 27, 2010 • from P&J December, 2010
U.S. v. Preacely, No. 09-2580-cr (2nd Cir.) (628 F.3d 72) (December 21, 2010) (Judge J. Clifford Wallace) by This is another sentencing decision involving the appropriate sentence for a low-level crack dealer who was arrested in possession of 14.4 grams of crack cocaine and 1.32 grams of marijuana. The distinguishing …
Article • December 27, 2010 • from P&J December, 2010
U.S. v. Oluwanisola, No. 08-4442-cr (2nd Cir.) (605 F.3d 124) (May 21, 2010) (Judge Rosemary S. Pooler) by Defendant's convictions for conspiring to import heroin into the U.S., conspiring to possess with intent to distribute heroin, and possessing heroin with intent to distribute are vacated where the district court erred …
Article • December 27, 2010 • from P&J December, 2010
U.S. v. Goyal, No. 08-10436 (9th Cir.) (629 F.3d 912) (December 10, 2010) (Judge Richard R. Clifton) by This case is particularly noted for Judge Kozinski’s memorable concurrence in which he blasted the prosecutor’s unmitigated arrogance in attempting to achieve a conviction by stretching the law and the evidence “as …
Article • December 13, 2010
Cady v. Dombrowski, No. 72-586 (U.S. Supreme Court) (413 U.S. 433; 93 S.Ct. 2523) (June 21, 1973) (Justice Rehnquist) by In this case, a Chicago police officer named Dombrowski was visiting in Wisconsin and reported to the local police that he had been in an automobile accident. The police picked …
Article • December 1, 2010
Filed under: Punch And Jurists
U.S. v. Kalish, No. 08-3374-cr (2nd Cir.) (626 F.3d 165) (November 24, 2010) (Judge Jon O. Newman) by In defendant's appeal from a final order of asset forfeiture in a mail and wire fraud prosecution, the order is affirmed where: 1) a money judgment was properly entered for the amount …
Article • December 1, 2010
Harris v. City of New York, No. 09-0081-pr (2nd Cir.) (607 F.3d 18) (June 2, 2010) (Judge Robert A. Katzmann) by In plaintiff's appeal from the district court's order revoking his in forma pauperis status and dismissing his complaint, the order is affirmed in part where: 1) 28 U.S.C. section …
Article • December 1, 2010
Filed under: Punch And Jurists, Miranda
U.S. v. Capers, No. 07-1830-cr (2nd Cir.) (627 F.3d 470) (December 1, 2010) (Judge Peter W. Hall) by In a prosecution for mail theft, the district court's order suppressing inculpatory statements made by defendant while in custody is affirmed where the initial interrogation conducted by an investigator aware of the …
Article • December 1, 2010
Filed under: Punch And Jurists
U.S. v. Fuller, No. 09-1437-cr (2nd Cir.) (627 F.3d 499) (November 30, 2010) (Judge Joseph M. McLaughlin) by Defendant's conviction under the Sex Offender Registration and Notification Act (SORNA) is affirmed where: 1) SORNA applied upon enactment to sex offenders whose predicate sex offense convictions predate SORNA; and 2) violation …
Article • December 1, 2010
U.S. v. Edwards, No. 08-30055 (9th Cir.) (595 F.3d 1004) (February 16, 2010) (Judge Harry Pregerson) by
Article • December 1, 2010
Filed under: Punch And Jurists
Quezada v. Smith, No. 10-2738-op (2nd Cir.) (624 F.3d 514) (October 21, 2010) (Judge Jon O. Newman) by In an application pursuant to 28 U.S.C. § 2244(b)(3) for leave to file in the district court a second petition for a writ of habeas corpus, the application is granted where: 1) …
Article • December 1, 2010
U.S. v. Rosa, No. 09-0636-cr (2nd Cir.) (626 F.3d 56) (October 27, 2010) (Judge John M. Jr. Walker) by Defendant's convictions for producing child pornography and of witness tampering are affirmed where, while the court agreed with defendant that a search warrant failed for lack of particularity and, in light …
Article • December 1, 2010
U.S. v. Marcus, No. 07-4005-cr (2nd Cir.) (628 F.3d 36) (December 7, 2010) (Judge Richard C. Wesley) by Defendant's forced labor conviction under the Trafficking Victims Protection Act (TVPA) is affirmed where defendant offered no explanation for how his pre-enactment conduct differed from his post-enactment conduct in a manner that …
Article • December 1, 2010
Duarte-Ceri v. Holder, No. 08-6128-ag (2nd Cir.) (630 F.3d 83) (December 6, 2010) (Judge Denny Chin) by [Editor's Note: For a commentary on this decision, see "Circuit Splits on Meaning of 'Under Age of 18' in Deportation Matter," by Mark Hamblett, as published in the New York Law Journal on …
Article • December 1, 2010
U.S. v. Arevalo, No. 09-0576-cr (2nd Cir.) (628 F.3d 93) (December 21, 2010) (Judge Chester J. Straub) by Defendant's appeal from his convictions for conspiracy to commit murder in aid of racketeering, and of using a firearm during a crime of violence, is dismissed where defendant's claim of Federal Rule …
Article • December 1, 2010
Filed under: Punch And Jurists
Johnson v. U.S., No. 10-3046-op (2nd Cir.) (623 F.3d 41) (October 8, 2010) (Judge Robert A. Katzmann) by Petitioner's application for leave to file a successive 28 U.S.C. § 2255 motion is denied where petitioner's proposed § 2255 motion would not be "second or successive" under 28 U.S.C. § 2255(h), …
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