Search | Punch and Jurists

U.S. v. Moore, No. 99-2609 (7th Cir.) (215 F.3d 681) (May 31, 2000) (Judge Michael S. Kanne)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Pornography/Pornography Laws

U.S. v. Moore, No. 99-2609 (7th Cir.) (215 F.3d 681) (May 31, 2000) (Judge Michael S. Kanne) by Here the Court held that an arrest for possessing child pornography does not require the police to obtain a warrant, in part because of the "compelling state interest" in protecting children from …

Plyler v. Doe, No. 80-1538 (U.S. Supreme Court) (457 U.S. 202; 102 S.Ct. 2382) (June 15, 1982) (Justice Brennan)

Article • April 16, 2000

Filed under: Punch And Jurists, Equal Protection Clause/Claims

Plyler v. Doe, No. 80-1538 (U.S. Supreme Court) (457 U.S. 202; 102 S.Ct. 2382) (June 15, 1982) (Justice Brennan) by In this case the Court held that a Texas statute, which withheld funds from local school districts for the education of children who were not "legally admitted" to the United …

U.S. v. Beavers, No. 99-1829 (6th Cir.) (206 F.3d 706) (February 16, 2000) (Judge Ronald Lee Gilman)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Beavers, No. 99-1829 (6th Cir.) (206 F.3d 706) (February 16, 2000) (Judge Ronald Lee Gilman) by In this case, the Sixth Circuit held that the provisions of 18 U.S.C. § 922(g)(9) are constitutional despite the fact that they do not require the Government to prove that the defendant …

U.S. v. Grigsby, No. 99-071L (D.R.I.) (85 F.Supp.2d 100) (February 24, 2000) (Judge Ronald R. Lagueux)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act

U.S. v. Grigsby, No. 99-071L (D.R.I.) (85 F.Supp.2d 100) (February 24, 2000) (Judge Ronald R. Lagueux) by Court held that the provision of the federal Child Support Recovery Act that establishes a rebuttable presumption that a defendant was financially able to pay a support order violates the Fifth Amendment's Due …

Village of Willowbrook v. Olech, No. 98-1288 (U.S. Supreme Court) (528 U.S. 562; 120 S.Ct. 1073) (February 23, 2000) (Per Curiam)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Equal Protection Clause/Claims

Village of Willowbrook v. Olech, No. 98-1288 (U.S. Supreme Court) (528 U.S. 562; 120 S.Ct. 1073) (February 23, 2000) (Per Curiam) by Here the Court expounded upon the two criteria for a "class of one" equal protection claim, where the plaintiff alleges (a) intentional different treatment from others in the …

Paul P. v. Farmer, No. Civ. No. 97-2919 (D.N.J.) (92 F.Supp.2d 410) (January 24, 2000) (Judge Joseph E. Irenas)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Megan's Laws

Paul P. v. Farmer, No. Civ. No. 97-2919 (D.N.J.) (92 F.Supp.2d 410) (January 24, 2000) (Judge Joseph E. Irenas) by As this decision shows, the battle over this country’s Megan-laws continues. The plaintiffs in this much litigated class action lawsuit are convicted sex offenders who are subject to the registration …

U.S. v. Watts, No. CR 98-1123(ARR) (E.D.N.Y.) (72 F.Supp.2d 106) (September 3, 1999) (Judge Allyne R. Ross)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Watts, No. CR 98-1123(ARR) (E.D.N.Y.) (72 F.Supp.2d 106) (September 3, 1999) (Judge Allyne R. Ross) by In this case Judge Ross granted a motion for acquittal to three defendants who had been convicted of various crimes arising out of the filing of an allegedly false residential loan application …

U.S. v. Rodia, No. 98-5522 (3rd Cir.) (194 F.3d 465) (October 20, 1999) (Judge Edward R. Becker)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Pornography/Pornography Laws

U.S. v. Rodia, No. 98-5522 (3rd Cir.) (194 F.3d 465) (October 20, 1999) (Judge Edward R. Becker) by Here the Court held that the jurisdictional element of 18 USC § 2252(a)(4)(B) did not bring that statute within the Commerce Clause, but that the statute did generally regulate an activity having …

Kirby v. James, No. 98-6236 (11th Cir.) (195 F.3d 1285) (November 17, 1999) (Per Curiam)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Megan's Laws

Kirby v. James, No. 98-6236 (11th Cir.) (195 F.3d 1285) (November 17, 1999) (Per Curiam) by In the instant case, the Eleventh Circuit held that attaching the label of “sex offender” to a prisoner who has never been convicted of a sexual offense is sufficiently stigmatizing as to trigger the …

U.S. v. Acheson, No. 98-3559 (11th Cir.) (195 F.3d 645) (November 12, 1999) (Judge Richard W. Story)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Pornography/Pornography Laws

U.S. v. Acheson, No. 98-3559 (11th Cir.) (195 F.3d 645) (November 12, 1999) (Judge Richard W. Story) by Here the Court upheld as constitutional the same provisions of the Child Protection Pornography Act which the Ninth Circuit, in Free Speech Coalition v. Reno, (9th Cir. 1999) had held were unconstitutional. …

U.S. v. Giuffrida, No. Crim. No. 2:98-00095 (S.D.W.Va.) (66 F.Supp.2d 811) (September 17, 1999) (Judge Charles H. II Haden)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act

U.S. v. Giuffrida, No. Crim. No. 2:98-00095 (S.D.W.Va.) (66 F.Supp.2d 811) (September 17, 1999) (Judge Charles H. II Haden) by

Young v. Weston, No. 98-35377 (9th Cir.) (192 F.3d 870) (May 20, 1999) (Judge Harry Pregerson)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Megan's Laws

Young v. Weston, No. 98-35377 (9th Cir.) (192 F.3d 870) (May 20, 1999) (Judge Harry Pregerson) by In its decision, the Court relied heavily on Kansas v. Hendricks, 521 U.S. 346 (1997) where the Supreme Court held that Kansas' involuntary commitment procedure for sexually violent predators did not violate substantive …

Chi Thon Ngo v. INS, No. 97-1419 (3rd Cir.) (192 F.3d 390) (September 24, 1999) (Judge Joseph F. Jr. Weis)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Chi Thon Ngo v. INS, No. 97-1419 (3rd Cir.) (192 F.3d 390) (September 24, 1999) (Judge Joseph F. Jr. Weis) by This case dealt with an alien who had received a final order of exclusion but was still in detention after four years because his native country would not accept …

Cutshall v. Sundquist, No. 97-6276 (6th Cir.) (193 F.3d 467) (October 4, 1999) (Judge James L. Ryan)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Megan's Laws

Cutshall v. Sundquist, No. 97-6276 (6th Cir.) (193 F.3d 467) (October 4, 1999) (Judge James L. Ryan) by In this case a divided Sixth Circuit held that the release of sex offender registry data does not implicate the Due Process Clause and it also rejected a broad range of other …

U.S. v. Ficke, No. 8:98CR201 (D.Neb.) (58 F.Supp.2d 1071) (July 16, 1999) (Judge Joseph F. Bataillon)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Ficke, No. 8:98CR201 (D.Neb.) (58 F.Supp.2d 1071) (July 16, 1999) (Judge Joseph F. Bataillon) by

Gillespie v. City of Indianapolis, No. 98-2691 (7th Cir.) (185 F.3d 693) (July 9, 1999) (Judge Ilana Diamond Rovner)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, Domestic Violence

Gillespie v. City of Indianapolis, No. 98-2691 (7th Cir.) (185 F.3d 693) (July 9, 1999) (Judge Ilana Diamond Rovner) by Here the Court rejected a broad constitutional challenge broght by police officers to the provisions of the Gun Control Act (18 USC § 922(g)(9)) that prohibit persons convicted of domestic …

U.S. v. Rahman, No. 96-1044L (2nd Cir.) (189 F.3d 88) (August 16, 1999) (Per Curiam)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Rahman, No. 96-1044L (2nd Cir.) (189 F.3d 88) (August 16, 1999) (Per Curiam) by In the aftermath of the World Trade Center bombing case, the United States began a frenzied hunt for alleged terrorists with any connection to the actual bombers. Armed with the incredibly broad and subjective …

U.S. v. Lewitzke, No. 98-2292 (7th Cir.) (176 F.3d 1022) (May 12, 1999) (Judge Ilana Diamond Rovner)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Domestic Violence

U.S. v. Lewitzke, No. 98-2292 (7th Cir.) (176 F.3d 1022) (May 12, 1999) (Judge Ilana Diamond Rovner) by Here the Court held that the ban in 18 USC § 922(g)(9) on possession of a firearm by a person previously convicted of a misdemeanor conviction did not violate the equal protection …

U.S. v. Kinlock, No. 97-1399 (2nd Cir.) (174 F.3d 297) (April 23, 1999) (Judge Rosemary S. Pooler)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)

U.S. v. Kinlock, No. 97-1399 (2nd Cir.) (174 F.3d 297) (April 23, 1999) (Judge Rosemary S. Pooler) by In this case, following conviction for one count of credit card fraud, the defendant was ordered to pay a total of $19,192.54 in restitution to four victims. The order specified that the …

U.S. v. Hubbell, No. Crim. No. 98-0394 (JR) (D.D.C.) (44 F.Supp.2d 1) (March 18, 1999) (Judge James Robertson)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Hubbell, No. Crim. No. 98-0394 (JR) (D.D.C.) (44 F.Supp.2d 1) (March 18, 1999) (Judge James Robertson) by In a decision that was quickly reversed by the D.C. Circuit, the district court held that an indictment for engaging in a scheme to conceal material facts from government agents was …