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U.S. v. Thompson, No. 09-1926 (7th Cir.) (599 F.3d 595) (March 19, 2010) (Judge Diane S. Sykes)
Article • April 5, 2010 • from P&J April, 2010
Filed under: Punch And Jurists, Video-Conferencing
U.S. v. Thompson, No. 09-1926 (7th Cir.) (599 F.3d 595) (March 19, 2010) (Judge Diane S. Sykes) by In a case of first impression, the Court held that a supervised release revocation hearing by video-conferencing violates Rule 32.1(b)(2) of the Fed.R.Crim.P. since it does not grant him the "opportunity to …
Kiobel v. Millson, No. 07-3903-cv (2nd Cir.) (592 F.3d 78) (January 8, 2010) (Judge Jose A. Cabranes)
Article • April 5, 2010 • from P&J April, 2010
Filed under: Sanctions, Punch And Jurists
Kiobel v. Millson, No. 07-3903-cv (2nd Cir.) (592 F.3d 78) (January 8, 2010) (Judge Jose A. Cabranes) by For a commentary on this decision, see "2nd Circuit Reverses Sanctions Against Cravath Attorneys in Alien Tort Case: Judges split on magistrate judges' authority to sanction attorneys," by Mark Hamblett, as published …
Wilner v. National Security Agency, No. 08-4726-cv (2nd Cir.) (592 F.3d 60) (December 30, 2009) (Judge Jose A. Cabranes)
Article • April 5, 2010 • from P&J April, 2010
Filed under: Punch And Jurists, Glomar Response
Wilner v. National Security Agency, No. 08-4726-cv (2nd Cir.) (592 F.3d 60) (December 30, 2009) (Judge Jose A. Cabranes) by In a Freedom of Information Act (FOIA) action filed by attorneys for Guantanamo Bay detainees seeking information regarding whether the government intercepted plaintiffs' communications relating to the representation of their …
Padilla v. Kentucky, No. 08-651 (U.S. Supreme Court) (559 U.S. 356; 130 S.Ct. 1473) (March 31, 2010) (Justice Stevens)
Article • April 5, 2010 • from P&J April, 2010
Filed under: Punch And Jurists, Deportation/Removal
Padilla v. Kentucky, No. 08-651 (U.S. Supreme Court) (559 U.S. 356; 130 S.Ct. 1473) (March 31, 2010) (Justice Stevens) by Here in a significant expansion of the Sixth Amendment, the Supreme Court held that attorneys have a constitutional obligation to advise clients of the collateral immigration consequences of a guilty …
Brooks v. City of Seattle, No. 08-35526 (9th Cir.) (599 F.3d 1018) (March 26, 2010) (Judge Cynthia Holcomb Hall)
Article • April 5, 2010 • from P&J April, 2010
Filed under: Punch And Jurists
Brooks v. City of Seattle, No. 08-35526 (9th Cir.) (599 F.3d 1018) (March 26, 2010) (Judge Cynthia Holcomb Hall) by Here a sharply divided panel held that three Seattle police officers “acted reasonably” when they tasered a pregnant woman three separate times because she refused s sign a traffic citation; …
U.S. v. Cioffi, No. 08-CR-415 (FB) (E.D.N.Y.) (668 F.Supp.2d 385) (November 2, 2009) (Judge Frederic Block)
Article • April 5, 2010 • from P&J April, 2010
Filed under: Punch And Jurists, Emails
U.S. v. Cioffi, No. 08-CR-415 (FB) (E.D.N.Y.) (668 F.Supp.2d 385) (November 2, 2009) (Judge Frederic Block) by Matthew Tannin, one of the defendants in this case, was charged with conspiracy, securities fraud and wire fraud in connection with two hedge funds he managed for Bear Stearns. In July, 2009, the …
Taylor v. Louisiana, No. 73-5744 (U.S. Supreme Court) (419 U.S. 522; 95 S.Ct. 692) (January 21, 1975) (Justice White)
Article • March 30, 2010
Filed under: Punch And Jurists, Fair Cross Section Requirement
Taylor v. Louisiana, No. 73-5744 (U.S. Supreme Court) (419 U.S. 522; 95 S.Ct. 692) (January 21, 1975) (Justice White) by In this case, the Supreme Court held that systematic exclusion of women during the jury-selection process, resulting in jury pools not "reasonably representative" of the community, denies a criminal defendant …
Duren v. Missouri, No. 77-6067 (U.S. Supreme Court) (439 U.S. 357; 99 S.Ct. 664) (January 9, 1979) (Justice White)
Article • March 30, 2010
Filed under: Punch And Jurists, Fair Cross Section Requirement
Duren v. Missouri, No. 77-6067 (U.S. Supreme Court) (439 U.S. 357; 99 S.Ct. 664) (January 9, 1979) (Justice White) by Case held that venires from which juries are drawn must not systematically exclude distinctive groups in the community and established criteria for judging whether jury panels do not represent a …
U.S. v. Reeves, No. 08-2966-cr (L) (2nd Cir.) (591 F.3d 77) (January 7, 2010) (Judge Barrington D. Jr. Parker)
Article • March 22, 2010 • from P&J March, 2010
Filed under: Punch And Jurists, Romantic Relationship
U.S. v. Reeves, No. 08-2966-cr (L) (2nd Cir.) (591 F.3d 77) (January 7, 2010) (Judge Barrington D. Jr. Parker) by Here the Court struck down as constitutionally vague and not reasonably related to the goals of sentencing a special condition of supervised release that required the defendant th inform the …
U.S. v. $186,416.00 in U.S. Currency, No. 07-56549 (9th Cir.) (590 F.3d 942) (January 7, 2010) (Judge Richard R. Clifton)
Article • March 22, 2010 • from P&J March, 2010
Filed under: Punch And Jurists, Probable Cause
U.S. v. $186,416.00 in U.S. Currency, No. 07-56549 (9th Cir.) (590 F.3d 942) (January 7, 2010) (Judge Richard R. Clifton) by Here, relying on the exclusionary rule, the Court ordered the Federal Government to return $186,416 dollars that had been seized by the LAPD, stressing it was "particularly concerned" about …
U.S. v. Mendoza-Mendoza, No. 08-5007 (4th Cir.) (597 F.3d 212) (March 5, 2010) (Judge J. Harvie III Wilkinson)
Article • March 22, 2010 • from P&J March, 2010
Filed under: Punch And Jurists, Within-Guidelines Sentence
U.S. v. Mendoza-Mendoza, No. 08-5007 (4th Cir.) (597 F.3d 212) (March 5, 2010) (Judge J. Harvie III Wilkinson) by The Circuits continue to engage in fantastical debates about phantom distinctions and imaginary differences that they perceive exist in sentences imposed by the district courts; and the result of those highly …
U.S. v. Guzman, No. 08-5561-cr (2nd Cir.) (591 F.3d 83) (January 7, 2010) (Judge Richard C. Wesley)
Article • March 22, 2010 • from P&J March, 2010
Filed under: Punch And Jurists
U.S. v. Guzman, No. 08-5561-cr (2nd Cir.) (591 F.3d 83) (January 7, 2010) (Judge Richard C. Wesley) by In the government's appeal from a dismissal of defendants' indictments for failing to register as sex offenders under the Sex Offender Registration and Notification Act (SORNA), dismissal of the indictments is reversed …
Vance v. Rumsfeld, No. 06 C 6964 (N.D.Ill.) (694 F.Supp.2d 957) (March 5, 2010) (Judge Wayne R. Anderson)
Article • March 22, 2010 • from P&J March, 2010
Filed under: Punch And Jurists, Post-Iqbal
Vance v. Rumsfeld, No. 06 C 6964 (N.D.Ill.) (694 F.Supp.2d 957) (March 5, 2010) (Judge Wayne R. Anderson) by Here the Court held that former Sect. of Defense, Donald Rumsfeld, was not entitled to dismissal of the lawsuit against him on the grounds of immunity in a civil rights suit …
Al-Kidd v. Ashcroft, No. 06-36059 (9th Cir.) (598 F.3d 1129) (March 18, 2010) (Per Curiam)
Article • March 22, 2010 • from P&J March, 2010
Filed under: Punch And Jurists, Preventative Detention
Al-Kidd v. Ashcroft, No. 06-36059 (9th Cir.) (598 F.3d 1129) (March 18, 2010) (Per Curiam) by In Al-Kidd v. Ashcroft, 580 F.3d 949 (9th Cir. Sept. 4, 2009) (P&J, 08/24/09) (“Al-Kidd I”), the Ninth Circuit dealt a stinging rebuke to the Bush Administration for some of the preventative detention policies …
Miller v. Mitchell, No. 09-2144 (3rd Cir.) (598 F.3d 139) (March 17, 2010) (Judge Thomas L. Ambro)
Article • March 22, 2010 • from P&J March, 2010
Filed under: Punch And Jurists
Miller v. Mitchell, No. 09-2144 (3rd Cir.) (598 F.3d 139) (March 17, 2010) (Judge Thomas L. Ambro) by Here the Court upheld an injunction against a D.A. who had threatened to proceed with criminal charges against three school girls for trafficking in child pornography based on their "sexting" of provocative …
Bloate v. U.S., No. 08-728 (U.S. Supreme Court) (559 U.S. 196; 130 S.Ct. 1345) (March 8, 2010) (Justice Thomas)
Article • March 22, 2010 • from P&J March, 2010
Filed under: Punch And Jurists, Pre-Trial Motions
Bloate v. U.S., No. 08-728 (U.S. Supreme Court) (559 U.S. 196; 130 S.Ct. 1345) (March 8, 2010) (Justice Thomas) by The Speedy Trial Act of 1974 (18 U.S.C. § 3161 et seq.) (herein the “STA”) requires that a criminal defendant be tried within 70 days of his indictment or his …
Batson v. Kentucky, No. 84-6263 (U.S. Supreme Court) (476 U.S. 79; 106 S.Ct. 1712) (April 30, 1986) (Justice Powell)
Article • March 14, 2010
Filed under: Punch And Jurists, Batson Claims
Batson v. Kentucky, No. 84-6263 (U.S. Supreme Court) (476 U.S. 79; 106 S.Ct. 1712) (April 30, 1986) (Justice Powell) by Landmark case that stands for the proposition that where a prosecutor bases peremptory challenges on race, even in just one case, those challenges violate the constitutional rights of both the …
Al Bakri v. Obama, No. Civ. No. 08-1307 (D.D.C.) (660 F.Supp.2d 1) (April 2, 2009) (Judge John D. Bates)
Article • March 8, 2010 • from P&J March, 2010
Filed under: Punch And Jurists, Classified Documents/Materials/Evidence
Al Bakri v. Obama, No. Civ. No. 08-1307 (D.D.C.) (660 F.Supp.2d 1) (April 2, 2009) (Judge John D. Bates) by Amin Al Bakri is another of the many detainees at Guantanamo Bay who have challenged their detention; and they all appear to face the same general roadblock: the Government fights …
U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (687 F.Supp.2d 365) (January 21, 2010) (Judge Lewis A. Kaplan)
Article • March 8, 2010 • from P&J March, 2010
Filed under: Punch And Jurists, Possession, Custody or Control of the Government
U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (687 F.Supp.2d 365) (January 21, 2010) (Judge Lewis A. Kaplan) by This case, involving Ahmed Ghailani had already attracted a lot of attention. Ghailani, a Tanzanian and an alleged member if Al Qaeda, is one of the alleged terrorists accused …
Doody v. Schriro, No. 06-17161 (9th Cir.) (596 F.3d 620) (February 25, 2010) (Judge Johnnie B. Rawlinson)
Article • March 8, 2010 • from P&J March, 2010
Filed under: Punch And Jurists
Doody v. Schriro, No. 06-17161 (9th Cir.) (596 F.3d 620) (February 25, 2010) (Judge Johnnie B. Rawlinson) by Here, a majority of the en banc court held that the Phoenix police department had “completely obfuscated the core precepts of Miranda,” and had overborn the will of the teenage suspect "rendering …
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