Search | Punch and Jurists

Warney v. Monroe County, No. 08-0947 (2nd Cir.) (587 F.3d 113) (November 13, 2009) (Judge Dennis G. Jacobs)

Article • December 1, 2009

Filed under: Punch And Jurists, Failure to Disclose

Warney v. Monroe County, No. 08-0947 (2nd Cir.) (587 F.3d 113) (November 13, 2009) (Judge Dennis G. Jacobs) by In a civil rights action alleging that the exculpatory result of post-trial DNA testing was not timely disclosed to plaintiff, denial of defendant-prosecutors' motion for summary judgment based on absolute or …

U.S. v. Paroline, No. 6:08-CR-61 (E.D.Tex.) (672 F.Supp.2d 781) (December 7, 2009) (Judge Leonard Davis)

Article • December 1, 2009

Filed under: Punch And Jurists

U.S. v. Paroline, No. 6:08-CR-61 (E.D.Tex.) (672 F.Supp.2d 781) (December 7, 2009) (Judge Leonard Davis) by

U.S. v. Byors, No. 08-4811-cr (2nd Cir.) (586 F.3d 222) (October 29, 2009) (Judge Jose A. Cabranes)

Article • December 1, 2009

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Byors, No. 08-4811-cr (2nd Cir.) (586 F.3d 222) (October 29, 2009) (Judge Jose A. Cabranes) by Defendant's mail fraud sentence is affirmed where: 1) a defendant is not entitled to an offset against a loss based on business expenses that confer no benefit upon the victims; and 2) …

U.S. v. Williams, No. 08-5151-cr (2nd Cir.) (585 F.3d 703) (October 27, 2009) (Judge Joseph M. McLaughlin)

Article • December 1, 2009 • from P&J December, 2009

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Williams, No. 08-5151-cr (2nd Cir.) (585 F.3d 703) (October 27, 2009) (Judge Joseph M. McLaughlin) by Defendant's firearm possession conviction is vacated where the district court erred by admitting evidence that defendant had been in an apartment from which weapons and drugs were later recovered. [Editor's Note: For …

Wilson v. Central Intelligence Agency, No. 07-4244-cv (2nd Cir.) (586 F.3d 171) (November 12, 2009) (Judge Reena Raggi)

Article • December 1, 2009

Filed under: Punch And Jurists, Classified Information Procedures Act (CIPA)

Wilson v. Central Intelligence Agency, No. 07-4244-cv (2nd Cir.) (586 F.3d 171) (November 12, 2009) (Judge Reena Raggi) by In a First Amendment action claiming that the CIA was required to allow former employee Valerie Plame Wilson to publish a memoir about her tenure at the agency, summary judgment for …

Michtavi v. New York Daily News, No. 08-2111-cv (2nd Cir.) (587 F.3d 551) (November 25, 2009) (Judge Dennis G. Jacobs)

Article • December 1, 2009

Filed under: Punch And Jurists, Defamation

Michtavi v. New York Daily News, No. 08-2111-cv (2nd Cir.) (587 F.3d 551) (November 25, 2009) (Judge Dennis G. Jacobs) by In an action for libel and intentional infliction of emotional distress based on news reports stating that plaintiff, a criminal defendant, was to cooperate with prosecutors, dismissal of the …

U.S. v. Hasan, No. 08-4921-cr (2nd Cir.) (586 F.3d 161) (November 10, 2009) (Judge Jose A. Cabranes)

Article • December 1, 2009

Filed under: Punch And Jurists, Materiality

U.S. v. Hasan, No. 08-4921-cr (2nd Cir.) (586 F.3d 161) (November 10, 2009) (Judge Jose A. Cabranes) by Defendant's conviction and sentence for making a false statement on a passport application is affirmed where: 1) 18 U.S.C. § 1542 does not require that the false statement on a passport application …

U.S. v. Stewart, No. 06-5015-cr (2nd Cir.) (590 F.3d 93) (November 17, 2009) (Judge Robert D. Sack)

Article • November 1, 2009 • from P&J November, 2009

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Stewart, No. 06-5015-cr (2nd Cir.) (590 F.3d 93) (November 17, 2009) (Judge Robert D. Sack) by The three opinions contained in this decision, comprising 191 pages, deal with the aftermath of the high-profile trial of Lynne Stewart, in which the famed defense attorney and two co-defendants were convicted, …

U.S. v. Rodriguez, No. 08-2805-cr (L) (2nd Cir.) (587 F.3d 573) (November 30, 2009) (Judge Jon O. Newman)

Article • November 1, 2009 • from P&J November, 2009

Filed under: Punch And Jurists, Alien Smuggling/Transportation

U.S. v. Rodriguez, No. 08-2805-cr (L) (2nd Cir.) (587 F.3d 573) (November 30, 2009) (Judge Jon O. Newman) by This is am interesting decision that speaks volumes about the Government’s consuming propensity to convert nearly every criminal statute into some “elastic, sprawling and pervasive offense whose development exemplifies . . …

U.S. v. Crowell, No. 06-M-1095 (W.D.N.Y.) (2006 WL 3541736) (December 7, 2006) (Judge Magistrate)

Article • November 1, 2009 • from P&J November, 2006

Filed under: Due Process, Punch And Jurists

U.S. v. Crowell, No. 06-M-1095 (W.D.N.Y.) (2006 WL 3541736) (December 7, 2006) (Judge Magistrate) by In the 09/11/06 issue of P&J, we presented a brief analysis of some of the most controversial provisions contained in the little-debated, 83-page, election year law entitled “The Adam Walsh Child Protection and Safety Act …

U.S. v. Carreto, No. 06-2295-cr(L) (2nd Cir.) (583 F.3d 152) (October 8, 2009) (Judge Denny Chin)

Article • November 1, 2009 • from P&J November, 2009

Filed under: Punch And Jurists, Withdrawal

U.S. v. Carreto, No. 06-2295-cr(L) (2nd Cir.) (583 F.3d 152) (October 8, 2009) (Judge Denny Chin) by Defendants' sex trafficking convictions and sentences are affirmed where: 1) defendants did not assert their legal innocence in moving to withdraw their guilty pleas; 2) the government would have been prejudiced by the …

U.S. v. McCallum, No. 08-0322-cr (2nd Cir.) (584 F.3d 471) (October 19, 2009) (Judge Barrington D. Jr. Parker)

Article • November 1, 2009 • from P&J December, 2009

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. McCallum, No. 08-0322-cr (2nd Cir.) (584 F.3d 471) (October 19, 2009) (Judge Barrington D. Jr. Parker) by Defendant's drug distribution convictions are affirmed where the district court abused its discretion in admitting as similar acts evidence two of his prior narcotics convictions, but the error was harmless. [Editor's …

U.S. v. Livesay, No. 08-14712 (11th Cir.) (587 F.3d 1274) (November 16, 2009) (Judge Joel F. Dubina)

Article • November 1, 2009 • from P&J November, 2009

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Livesay, No. 08-14712 (11th Cir.) (587 F.3d 1274) (November 16, 2009) (Judge Joel F. Dubina) by This decision marks the fourth time that the Eleventh Circuit has reviewed the sentence of probation repeatedly imposed by Judge U.W. Clemon of the N.D.Ala. on Kenneth Livesay, the former chief information …

In the Matter of Gerald R. Smith, No. 09-80163 (9th Cir.) (586 F.3d 1169) (November 10, 2009) (Judge Richard C. Tallman)

Article • November 1, 2009 • from P&J November, 2009

Filed under: Punch And Jurists, Request for Fees Above Statutory Maximum

In the Matter of Gerald R. Smith, No. 09-80163 (9th Cir.) (586 F.3d 1169) (November 10, 2009) (Judge Richard C. Tallman) by Here the Court approved a 42% reduction in the CJA fees requested by a defense attorney after admitting that “the purpose of the [CJA] is not to compensate …

Wallace v. Powell, No. 3:09-cv-286 (M.D.Pa.) (2009 WL 4051974) (November 20, 2009) (Judge A. Richard Caputo)

Article • November 1, 2009 • from P&J November, 2009

Filed under: Punch And Jurists, Administrative versus Judicial Acts

Wallace v. Powell, No. 3:09-cv-286 (M.D.Pa.) (2009 WL 4051974) (November 20, 2009) (Judge A. Richard Caputo) by Here the Court held that two crooked Pennsylvania judges who sentenced an estimated 5000 juveniles to a detention center in exchange for kickbacks were entitled to assert the defense of judicial immunity, at …

Hernandez v. Coffey, No. 06-4246-pr (2nd Cir.) (582 F.3d 303) (September 21, 2009) (Judge Pierre N. Leval)

Article • November 1, 2009 • from P&J November, 2009

Filed under: Punch And Jurists, Failure to Explain Consequences

Hernandez v. Coffey, No. 06-4246-pr (2nd Cir.) (582 F.3d 303) (September 21, 2009) (Judge Pierre N. Leval) by In a 42 U.S.C.§ 1983 action by a prisoner alleging that he was beaten by defendant corrections officers and denied medical treatment by defendant nurse, dismissal of the action is vacated where …

Jova v. Smith, No. 08-2816-pr (2nd Cir.) (582 F.3d 410) (September 28, 2009) (Per Curiam)

Article • November 1, 2009 • from P&J November, 2009

Filed under: Punch And Jurists, Religious Land Use and Institutionalized Persons Act (RLUIPA)

Jova v. Smith, No. 08-2816-pr (2nd Cir.) (582 F.3d 410) (September 28, 2009) (Per Curiam) by In an action by prisoners claiming that defendant prison personnel infringed their right to practice their religion under the Religious Land Use and Institutionalized Persons Act, summary judgment for defendants is affirmed in part …

U.S. v. Bell, No. 08-5506-cr (2nd Cir.) (584 F.3d 478) (October 20, 2009) (Per Curiam)

Article • November 1, 2009 • from P&J December, 2009

Filed under: Punch And Jurists

U.S. v. Bell, No. 08-5506-cr (2nd Cir.) (584 F.3d 478) (October 20, 2009) (Per Curiam) by In the government's appeal from the district court's order granting a new trial in an attempted murder prosecution, the order is reversed where the district court erred in ordering a new trial because: 1) …

Porter v. McCollum, No. 08-10537 (U.S. Supreme Court) (558 U.S. 30; 130 S.Ct. 447) (November 30, 2009) (Per Curiam)

Article • November 1, 2009 • from P&J November, 2009

Filed under: Punch And Jurists, Veteran's War Experiences/PostTraumatic Stress Disorder

Porter v. McCollum, No. 08-10537 (U.S. Supreme Court) (558 U.S. 30; 130 S.Ct. 447) (November 30, 2009) (Per Curiam) by In this capital case, the Supreme Court upheld an ineffective assistance of counsel claim by a Florida death row inmate, after concluding that the trial lawyer’s failure, during the penalty …

U.S. v. Farmer, No. 07-2729-cr (2nd Cir.) (583 F.3d 131) (October 8, 2009) (Judge Dennis G. Jacobs)

Article • November 1, 2009 • from P&J November, 2009

Filed under: Punch And Jurists, Nicknames/Alias

U.S. v. Farmer, No. 07-2729-cr (2nd Cir.) (583 F.3d 131) (October 8, 2009) (Judge Dennis G. Jacobs) by Defendant's murder conviction as to one victim is affirmed where defendant was denied due process by the prosecutors' gratuitous exploitation of his prejudicial nickname, "Murder," but this conduct did not prejudice defendant …