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U.S. v. Buchanan, No. 09-CR-0045 (D.Minn.) (2010 U.S. Dist. LEXIS 165) (January 4, 2010) (Judge Patrick J. Schiltz)

Article • February 8, 2010 • from P&J February, 2010

Filed under: Punch And Jurists

U.S. v. Buchanan, No. 09-CR-0045 (D.Minn.) (2010 U.S. Dist. LEXIS 165) (January 4, 2010) (Judge Patrick J. Schiltz) by In U.S. v. Berk, No. 08-CR-212-P-S (D.Me. Oct. 26, 2009) (P&J, 10/19/09), we noted that there is a significant and increasingly contentious debate developing among the district courts over the scope …

Sanchez v. Pereira-Castillo, No. 08-1748 (1st Cir.) (590 F.3d 31) (December 23, 2009) (Judge Kermit A. Lipez)

Article • February 8, 2010 • from P&J February, 2010

Filed under: Punch And Jurists, Exploratory Operation

Sanchez v. Pereira-Castillo, No. 08-1748 (1st Cir.) (590 F.3d 31) (December 23, 2009) (Judge Kermit A. Lipez) by Here the Court held that forcing an inmate to undergo an exploratory abdominal surgery to determine whether or not he was hiding a cell phone in his rectum so clearly violates his …

Tyree v. Weld, No. 93cv12260-NG (D.Mass.) (2010 WL 145882) (January 11, 2010) (Judge Nancy Gertner)

Article • February 8, 2010 • from P&J February, 2010

Filed under: Punch And Jurists

Tyree v. Weld, No. 93cv12260-NG (D.Mass.) (2010 WL 145882) (January 11, 2010) (Judge Nancy Gertner) by Here the Court held that, even though Massachusetts prison officials had clearly violated the constitutional rights of the inmates, they were still entitled to assert the defense of qualified immunity since those rights were …

U.S. v. Hester, No. 08-4665-cr (L) (2nd Cir.) (589 F.3d 86) (December 16, 2009) (Per Curiam)

Article • February 8, 2010 • from P&J February, 2010

Filed under: Punch And Jurists

U.S. v. Hester, No. 08-4665-cr (L) (2nd Cir.) (589 F.3d 86) (December 16, 2009) (Per Curiam) by Defendant's conviction for traveling in interstate commerce and failing to register or update his sex offender registration in violation of the Sex Offender Registration and Notification Act (SORNA) is affirmed where the fact …

Noriega v. Pastrana, No. 09-35 (U.S. Supreme Court) (559 U.S. 917; 130 S.Ct. 1002) (January 25, 2010) (Per Curiam)

Article • February 8, 2010 • from P&J February, 2010

Filed under: Punch And Jurists, Military Commissions Act

Noriega v. Pastrana, No. 09-35 (U.S. Supreme Court) (559 U.S. 917; 130 S.Ct. 1002) (January 25, 2010) (Per Curiam) by Here, the Court declined to clarify whether individuals held in custody by the U.S. may rely on the protections of the Geneva Convention - despite the vigorous dissent of two …

Briscoe v. Virginia, No. 07-11191 (U.S. Supreme Court) (559 U.S. 32; 130 S.Ct. 1316) (January 25, 2010) (Per Curiam)

Article • February 8, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Crime Lab Reports

Briscoe v. Virginia, No. 07-11191 (U.S. Supreme Court) (559 U.S. 32; 130 S.Ct. 1316) (January 25, 2010) (Per Curiam) by Here the Court rejected, at least for now, any reconsideration of its controversial Confrontation Clause ruling in Melendez-Diaz v. Massachusetts, which reinforced the rights of criminal defendants to challenge the …

U.S. v. Butler, No. 08-CR-370 (E.D.N.Y.) (264 F.R.D. 37) (January 22, 2010) (Judge Jack B. Weinstein)

Article • February 8, 2010 • from P&J February, 2010

Filed under: Punch And Jurists

U.S. v. Butler, No. 08-CR-370 (E.D.N.Y.) (264 F.R.D. 37) (January 22, 2010) (Judge Jack B. Weinstein) by In this remarkable sentencing memorandum, Judge Weinstein lashed out at "the pernicious and pervasive culture of corruption" on Wall Street; and cited "the need to reconsider how compensation is calculated [in] the financial …

U.S. v. Andino, No. 09-4694-cr (2nd Cir.) (627 F.3d 41) (December 3, 2010) (Judge Guido Calabresi)

Article • February 8, 2010 • from P&J February, 2010

Filed under: Punch And Jurists

U.S. v. Andino, No. 09-4694-cr (2nd Cir.) (627 F.3d 41) (December 3, 2010) (Judge Guido Calabresi) by Defendant's conviction for conspiring to distribute or possess with intent to distribute cocaine is affirmed where the government was required to show only that defendant knowingly participated in a conspiracy involving a controlled …

Richard S. v. Carpinello, No. 08-4197-pr (2nd Cir.) (589 F.3d 75) (December 15, 2009) (Judge William K. III Sessions)

Article • February 8, 2010 • from P&J February, 2010

Filed under: Punch And Jurists

Richard S. v. Carpinello, No. 08-4197-pr (2nd Cir.) (589 F.3d 75) (December 15, 2009) (Judge William K. III Sessions) by In a habeas petition seeking release from involuntary confinement in a psychiatric hospital, the denial of the petition is affirmed where the involuntary commitment standard in Kansas v. Crane, 534 …

U.S. v. Knotts, No. 81-1802 (U.S. Supreme Court) (460 U.S. 276; 103 S.Ct. 1081) (March 2, 1983) (Justice Rehnquist)

Article • January 28, 2010

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Knotts, No. 81-1802 (U.S. Supreme Court) (460 U.S. 276; 103 S.Ct. 1081) (March 2, 1983) (Justice Rehnquist) by Here the Court held that the defendants were not "seized" within the meaning of the 4th Amendment when they were subject to continuous surveillance by law enforcement officers since people …

U.S. v. Heckman, No. 08-3844 (3rd Cir.) (592 F.3d 400) (January 11, 2010) (Judge Thomas L. Ambro)

Article • January 25, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Long-term Bans

U.S. v. Heckman, No. 08-3844 (3rd Cir.) (592 F.3d 400) (January 11, 2010) (Judge Thomas L. Ambro) by Here the Court rejected as unreasonable a special condition of supervised release which unconditionally barred the defendant, a "lifelong sexual predator," from using the Internet throughout his term of lifetime supervised release. …

Crowe v. County of San Diego, No. 05-55467 (9th Cir.) (593 F.3d 841) (January 14, 2010) (Judge Sidney R. Thomas)

Article • January 25, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Coercive Interrogations

Crowe v. County of San Diego, No. 05-55467 (9th Cir.) (593 F.3d 841) (January 14, 2010) (Judge Sidney R. Thomas) by Here the Court held that the police were not entitled to assert the defense of qualified immunity in a civil rights lawsuit because it was clearly established that the …

Wood v. Allen, No. 08-9156 (U.S. Supreme Court) (558 U.S. 290; 130 S.Ct. 841) (January 20, 2010) (Justice Sotomayor)

Article • January 25, 2010 • from P&J January, 2010

Filed under: Punch And Jurists

Wood v. Allen, No. 08-9156 (U.S. Supreme Court) (558 U.S. 290; 130 S.Ct. 841) (January 20, 2010) (Justice Sotomayor) by This is Justice Sonia Sotomayor’s first signed criminal opinion since joining the Supreme Court; and her rigid stance in this case upholding the death penalty suggests that she certainly hasn’t …

U.S. v. White, No. 08-16010 (11th Cir.) (593 F.3d 1199) (January 11, 2010) (Judge Eugene E. Jr. Siler)

Article • January 25, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Misdemeanor Crime of Domestic Violence

U.S. v. White, No. 08-16010 (11th Cir.) (593 F.3d 1199) (January 11, 2010) (Judge Eugene E. Jr. Siler) by In this case, the Eleventh Circuit rejected a Second Amendment challenge to a Federal conviction for possession of a firearm by a person convicted of a misdemeanor crime of domestic violence, …

U.S. v. Pineda-Moreno, No. 08-30385 (9th Cir.) (591 F.3d 1212) (January 11, 2010) (Judge Diarmuid F. O'Scannlain)

Article • January 25, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Pineda-Moreno, No. 08-30385 (9th Cir.) (591 F.3d 1212) (January 11, 2010) (Judge Diarmuid F. O'Scannlain) by Here the Court held that attaching various mobile tracking devices to a suspect’s vehicle on seven separate occasions and continuously monitoring his activities by using those tracking devices did not violate his …

Presley v. Georgia, No. 09-5270 (U.S. Supreme Court) (558 U.S. 209; 130 S.Ct. 721) (January 19, 2010) (Per Curiam)

Article • January 25, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Voir Dire

Presley v. Georgia, No. 09-5270 (U.S. Supreme Court) (558 U.S. 209; 130 S.Ct. 721) (January 19, 2010) (Per Curiam) by Here the Coirt held that, absent special circumstances, a defendant’s Sixth Amendment right to a public trial requires that the public have access to the jury selection phase of trial, …

Wellons v. Hall, No. 09-5731 (U.S. Supreme Court) (558 U.S. 220; 130 S.Ct. 727) (January 19, 2010) (Per Curiam)

Article • January 25, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, GVR

Wellons v. Hall, No. 09-5731 (U.S. Supreme Court) (558 U.S. 220; 130 S.Ct. 727) (January 19, 2010) (Per Curiam) by Here a 5-4 majority issued an order known as a GVR over the bitter dissent of four Justices who championed the “traditional requirements” of the GVR over the petitioner’s rights …

In Re Oliver, No. 215 (U.S. Supreme Court) (333 U.S. 257; 68 S.Ct. 499) (March 8, 2048) (Justice Black)

Article • January 23, 2010

Filed under: Punch And Jurists

In Re Oliver, No. 215 (U.S. Supreme Court) (333 U.S. 257; 68 S.Ct. 499) (March 8, 2048) (Justice Black) by In this case, the Court held that the Sixth Amendment right that "[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial . . …

U.S. v. Raby, No. 2:05-cr-00003 (S.D.W.Va.) (2009 WL 5173964) (December 30, 2009) (Judge Joseph R. Goodwin)

Article • January 11, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Raby, No. 2:05-cr-00003 (S.D.W.Va.) (2009 WL 5173964) (December 30, 2009) (Judge Joseph R. Goodwin) by Here the Court attacked as nonsensical the rigid application of U.S.S.G. § 2G2.2(b)(7), which require automatic sentence increases as the number of pornographic images increase, which it said violates the mandates of 18 …

U.S. v. Hardy, No. 09-72-P-JHR (D.Me.) (640 F.Supp.2d 75) (July 30, 2009) (Judge Magistrate)

Article • January 11, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Dangerous Defendant Exception

U.S. v. Hardy, No. 09-72-P-JHR (D.Me.) (640 F.Supp.2d 75) (July 30, 2009) (Judge Magistrate) by Here the Court held that the Psychotherapist-Patient Privilege can be overriden by the so-called Dangerous Defendant Exception. In 2008, the defendant in this case, Alvin Hardy, who had a history of mental illness, went to …