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Article • September 11, 2017 • from P&J September, 2017
Price v. U.S. DOJ Attorney Office, No. 15-5314 (D.C. Cir.) (865 F.3d 676) (August 4, 2017) (Judge Thomas Beall Griffith) by
Article • August 28, 2017 • from P&J August, 2017
U.S. v. Davis, No. 15-10402 (9th Cir.) (854 F.3d 601) (April 14, 2017) (Judge A. Wallace Tashima) by In this case, the Ninth Circuit reversed a conviction for attempted sex trafficking either by force or of a minor, in violation of 18 U.S.C. § 1591(a) on the grounds that the …
Article • August 28, 2017 • from P&J August, 2017
U.S. v. Griffith, No. 13-3061 (D.C. Cir.) (867 F.3d 1265) (August 18, 2017) (Judge Sri Srinivasan) by Here a divided panel held a warrant authorizing officers to search for and seize all cell phones and other electronic devices in defendant's residence was invalid both because it was overly broad and …
Article • August 28, 2017 • from P&J August, 2017
U.S. v. Hillie, No. 16-cr-0030 (KBJ) (D.D.C.) (227 F.Supp.3d 57) (January 5, 2017) (Judge Ketanji Brown Jackson) by This is a fascinating child pornography decision in which the Court dismissed, without prejudice, seven counts of an Indictment on the grounds that those counts, which largely recited the statutory language, were …
Article • August 28, 2017 • from P&J August, 2017
U.S. v. DeRusse, No. 15-3302 (10th Cir.) (859 F.3d 1232) (June 20, 2017) (Judge Monroe G. McKay) by This is a decision that perfectly symbolizes the quixotic and often fickle nature of sentencing. Here, a divided panel from the Tenth Circuit affirmed sentence of time served for a defendant who …
Article • August 28, 2017 • from P&J August, 2017
U.S. v. Martoma, No. 14-3599 (2nd Cir.) (869 F.3d 58) (August 23, 2017) (Judge Robert A. Katzmann) by In a decision that significantly broadens the power of Federal prosecutors to seek convictions in securities fraud cases, a divided panel from the Second Circuit upheld the insider trading conviction Mathew Martoma, …
Article • August 14, 2017 • from P&J August, 2017
U.S. v. Martinez, No. 15-cr-00575-WHO-1 (N.D.Cal.) (225 F.Supp.3d 1002) (November 22, 2016) (Judge William H. Jr. Orrick) by Because plea bargains have rendered criminal trials virtually obsolete in the Federal system, motions to suppress evidence have become one of the last areas in which a defendant has any chance of …
Article • August 14, 2017 • from P&J August, 2017
U.S. v. Dimasi, No. Cr. No. 09-10166-MLW (D.Mass.) (220 F.Supp.3d 173) (November 17, 2016) (Judge Mark L. Wolf) by U.S. v. Dimasi, 215 F.Supp.3d 179 (D.Mass. Oct. 17, 2016) (“DiMasi I”) (Judge Mark Wolf) U.S. v. Dimasi, 220 F.Supp.3d 173 (D.Mass. Nov. 17, 2016) (“DiMasi II”) (Judge Mark Wolf) The …
Article • August 14, 2017 • from P&J August, 2017
Filed under: Punch And Jurists
U.S. v. Conyers, No. 15-CR-537 (VEC) (S.D.N.Y.) (227 F.Supp.3d 280) (December 29, 2016) (Judge Valerie Caproni) by In this decision, Judge Caproni held that the Federal statute prohibiting violent crimes in aid of racketeering activity (18 U.S.C. § 1959(a)(1)) was invalid, under the Eighth Amendment, as applied to juveniles to …
Article • August 14, 2017 • from P&J August, 2017
U.S. v. Louis, No. 16-11349 (11th Cir.) ( F.3d ) (July 10, 2017) (Judge Charles R. Wilson) by The relevant facts in this drug-trafficking conspiracy case began in September 2015 when U.S. Customs and Border Protection got a tip that a coastal freighter named the Ana Cecilia was going to …
Article • August 14, 2017 • from P&J August, 2017
Filed under: Punch And Jurists, Consent
U.S. v. Wise, No. Crim. No. H-12-194-9 (S.D.Tex.) (208 F.Supp.3d 805) (September 23, 2016) (Judge Lynn N. Hughes) by In his opening paragraph, Judge Hughes succinctly summarized the issues at stake in this unlawful search of all passengers on a commercial bus at a phony checkpoint case. He wrote: “This …
Article • July 31, 2017 • from P&J July, 2017
U.S. v. Workman, No. 16-1401 (10th Cir.) (863 F.3d 1313) (July 21, 2017) (Judge Robert E. Bacharach) by We have previously noted a number of District Court cases that explored the validity of the Government’s use of a sweeping new type of search warrant known as a Network Investigative Technique …
Article • July 31, 2017 • from P&J July, 2017
U.S. v. Spivey, No. 15-15023 (11th Cir.) (861 F.3d 1207) (June 28, 2017) (Judge William H. Jr. Pryor) by The panel of judges in this case engaged in a heated debate about an intriguing question - namely, whether the deliberate and planned deception by the police officers in this case …
Article • July 31, 2017 • from P&J July, 2017
Filed under: Punch And Jurists
Wrenn v. District of Columbia, No. 16-7025 (D.C. Cir.) (864 F.3d 650) (July 25, 2017) (Judge Thomas Beall Griffith) by In the 07/10/17 issue of P&J, we noted that, in one of the final acts of its 2016-2017 Term, the Supreme Court declined to hear a significant Second Amendment case …
Article • July 31, 2017 • from P&J July, 2017
Filed under: Punch And Jurists
Fields v. City of Philadelphia, No. 16-1650 (3rd Cir.) (682 F.3d 353) (July 7, 2017) (Judge Thomas L. Ambro) by This decision is somewhat of a hallmark in the rapidly evolving litigation involving the right of citizens to record police activities because, by holding that the First Amendment guarantees such …
Article • July 10, 2017 • from P&J July, 2017
Davila v. Davis, No. 16-6219 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 2058) (June 26, 2017) (Justice Thomas) by This is the third Texas death penalty case decided by the Supreme Court during its 2016-2017 Term; and this case was the first time that the Court sided with the …
Turner v. U.S., No. 15-1503 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1885) (June 22, 2017) (Justice Breyer) by In Brady v. Maryland, 373 U.S. 83 (1983), the Supreme Court forcefully held that the Constitution requires prosecutors to give the defense “exculpatory” evidence - i.e., evidence that casts doubt …
Article • July 10, 2017 • from P&J July, 2017
McWilliams v. Dunn, No. 16-5294 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1790) (June 19, 2017) (Justice Breyer) by In 1985, James McWilliams was convicted in an Alabama state court of the brutal rape and murder of a convenience store clerk; and he was sentenced to death. After exhausting …
Article • July 10, 2017 • from P&J July, 2017
Filed under: Punch And Jurists
Hernandez v. Mesa, No. 15-118 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 2003) (June 26, 2017) (Per Curiam) by This case was clearly one of the most anticipated cases of the Supreme Court’s Term that just ended; and it ended up as an anti climactic dud. Possibly because the …
Article • June 26, 2017 • from P&J June, 2017
Buck v. Davis, No. 15-8049 (U.S. Supreme Court) (580 U.S. ___; 137 S.Ct. 759) (February 22, 2017) (Justice (John G.) Roberts) by In this procedurally complex case, the Supreme Court gave a Texas death-row inmate a second chance to avoid the death penalty by ruling, among other things, that his …
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