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Coleman v. Schwarzenegger, No. Civ. S-90-0520 LKK JFM (E.D.Cal.) (2009 U.S. Dist. LEXIS 118210) (November 23, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Reduction of Prison Population

Coleman v. Schwarzenegger, No. Civ. S-90-0520 LKK JFM (E.D.Cal.) (2009 U.S. Dist. LEXIS 118210) (November 23, 2009) (Per Curiam) by For years it has been an open secret that the prison system in the State of California has been in a “state of emergency” due to serious overcrowding. Yet, despite …

Arar v. Ashcroft, No. 06-4216-cv (2nd Cir.) (585 F.3d 559) (November 2, 2009) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Failure to State a Claim Upon Which Relief Can Be Granted

Arar v. Ashcroft, No. 06-4216-cv (2nd Cir.) (585 F.3d 559) (November 2, 2009) (Judge Dennis G. Jacobs) by Here a divided en banc Court affirmed the dismissal of a lawsuit under the Torture Victim Protection Act by a Canadian who was unlawfully seized by the U.S. and sent to Syria …

U.S. v. Burns, No. 04-2901 (8th Cir.) (577 F.3d 887) (August 20, 2009) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Burns, No. 04-2901 (8th Cir.) (577 F.3d 887) (August 20, 2009) (Judge Roger L. Wollman) by Here, on remand from the Supreme Court, the Eighth Circuit finally approved as “not substantively unreasonable” a downward departure under U.S.S.G. 5K1.1 far beyond what the prosecutors had requested for the defendant’s …

Oliver v. Fiorino, No. 08-15081 (11th Cir.) (586 F.3d 898) (October 26, 2009) (Judge Stanley Marcus)

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

Filed under: Excessive Force, Punch And Jurists

Oliver v. Fiorino, No. 08-15081 (11th Cir.) (586 F.3d 898) (October 26, 2009) (Judge Stanley Marcus) by In this civil rights case the Estate of Anthony Carl Oliver filed suit against Orlando police officers Lori Fiorino and David Burk, charging they used excessive and unreasonable force in violation of the …

U.S. v. Velez, No. 09-10199 (11th Cir.) (586 F.3d 875) (October 26, 2009) (Judge Rosemary Barkett)

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

Filed under: Punch And Jurists, Exceptions

U.S. v. Velez, No. 09-10199 (11th Cir.) (586 F.3d 875) (October 26, 2009) (Judge Rosemary Barkett) by In this case of first impression, the Eleventh Circuit held that prominent criminal defense attorney Ben Kuehne of Miami could not be charged with money laundering under 18 U.S.C. § 1957(a) because the …

Caiozzo v. Koreman, No. 05-4002-cv (2nd Cir.) (581 F.3d 63) (September 22, 2009) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists, Liability Standard

Caiozzo v. Koreman, No. 05-4002-cv (2nd Cir.) (581 F.3d 63) (September 22, 2009) (Judge Robert D. Sack) by In a 42 U.S.C. § 1983 action for deliberate indifference to a prisoner's medical needs, summary judgment for defendants is affirmed where the standard for analyzing a claim of deliberate indifference to …

Bliven v. Hunt, No. 07-1146-cv (2nd Cir.) (579 F.3d 204) (August 28, 2009) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, 18-B Compensation

Bliven v. Hunt, No. 07-1146-cv (2nd Cir.) (579 F.3d 204) (August 28, 2009) (Judge Amalya Lyle Kearse) by In a 42 U.S.C. § 1983 action claiming that Defendant-Judge violated due process by paying Plaintiff less than the amount of compensation he requested as a public defender, the dismissal of the …

U.S. v. Fasono, No. 08-60750 (5th Cir.) (577 F.3d 572) (August 4, 2009) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Specific Factors

U.S. v. Fasono, No. 08-60750 (5th Cir.) (577 F.3d 572) (August 4, 2009) (Judge Patrick E. Higginbotham) by Here the Court addressed two of the ten statutory prerequisites for obtaining DNA testing under the Innocence Protection Act of 2004 (18 U.S.C. § 3600), namely § 3600(a)(4) (chain of custody) and …

U.S. v. Amezcua-Vasquez, No. 07-50239 (9th Cir.) (586 F.3d 1176) (November 10, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Substantively Unreasonable

U.S. v. Amezcua-Vasquez, No. 07-50239 (9th Cir.) (586 F.3d 1176) (November 10, 2009) (Per Curiam) by In a ruling marked by the strong dissent of 7 judges, the full court declined to grant a rehearing en banc of a prior decision that was described as “the first published opinion . …

U.S. v. Jacobs, No. 09-5021 (10th Cir.) (579 F.3d 1198) (September 2, 2009) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists

U.S. v. Jacobs, No. 09-5021 (10th Cir.) (579 F.3d 1198) (September 2, 2009) (Judge Carlos Lucero) by Among the many ivory tower types of Federal statutes designed to punish repeat drug offenders, 21 U.S.C. §§ 862(a) and 862a (two different statutes) stand out as beacons of questionable wisdom. Both statutes …

U.S. v. Main, No. 08-4088-cr (2nd Cir.) (579 F.3d 200) (August 27, 2009) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Eligibility Under § 3582(c)(2)

U.S. v. Main, No. 08-4088-cr (2nd Cir.) (579 F.3d 200) (August 27, 2009) (Judge John M. Jr. Walker) by In a drug prosecution, a denial of defendant's motion for a reduction of sentence is affirmed where the district court lacked authority to reduce defendant's sentence under 18 U.S.C. § 3582(c), …

In Re: Application of The New York Times Co., No. 09-0854-cv (L) (2nd Cir.) (577 F.3d 401) (August 7, 2009) (Judge Jose A. Cabranes)

Article • September 1, 2009 • from P&J October, 2009

Filed under: Punch And Jurists, Media Access

In Re: Application of The New York Times Co., No. 09-0854-cv (L) (2nd Cir.) (577 F.3d 401) (August 7, 2009) (Judge Jose A. Cabranes) by In an appeal from a district court order granting an application by a newspaper to access sealed wiretap applications relating to the investigation of a …

U.S. v. Perez, No. 08-4131-cr(CON) (2nd Cir.) (575 F.3d 164) (August 3, 2009) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Perez, No. 08-4131-cr(CON) (2nd Cir.) (575 F.3d 164) (August 3, 2009) (Judge Jon O. Newman) by Federal corrections officers' convictions for obstruction of justice and other crimes are affirmed where: 1) defendants' challenge to the sufficiency of the evidence was properly rejected as their actions were within the …

U.S. v. Plugh, No. 07-2620-cr(L) (2nd Cir.) (576 F.3d 135) (July 31, 2009) (Judge Richard C. Wesley)

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

Filed under: Punch And Jurists, Invocation of Rights

U.S. v. Plugh, No. 07-2620-cr(L) (2nd Cir.) (576 F.3d 135) (July 31, 2009) (Judge Richard C. Wesley) by District court order granting defendant's motion to suppress statements made by him to FBI agents while in custody is affirmed where: 1) defendant was entitled to the prophylactic bar prohibiting police questioning …

Nelson v. Correctional Medical Services, No. 07-2481 (8th Cir.) (583 F.3d 522) (October 2, 2009) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Restraints While Giving Birth

Nelson v. Correctional Medical Services, No. 07-2481 (8th Cir.) (583 F.3d 522) (October 2, 2009) (Judge Diana E. Murphy) by Here the Court, sitting en banc, held by a slim 6-5 vote that a prison guard can be sued for damages by a non-violent prisoner who was forced to give …

Iqbal v. Ashcroft, No. 05-6352-cv (2nd Cir.) (574 F.3d 820) (July 28, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Pleading Requirements/Rules

Iqbal v. Ashcroft, No. 05-6352-cv (2nd Cir.) (574 F.3d 820) (July 28, 2009) (Per Curiam) by On remand from the Supreme Court of the United States, the matter is remanded to the district court for further proceedings in light of the Court's decision in Ashcroft v. Iqbal to decide whether …

Crickon v. Thomas, No. 08-35250 (9th Cir.) (579 F.3d 978) (August 25, 2009) (Judge Johnnie B. Rawlinson)

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

Filed under: Punch And Jurists, Eligibility

Crickon v. Thomas, No. 08-35250 (9th Cir.) (579 F.3d 978) (August 25, 2009) (Judge Johnnie B. Rawlinson) by Here, a panel from the Ninth Circuit has held that the Bureau of Prison’s (BOP) policy on early release is invalid. For years, the BOP has categorically prohibited prisoners with certain prior …

Omar v. Geren, No. Civ. No. 05-2374 (RMU) (D.D.C.) (689 F.Supp.2d 1) (September 28, 2009) (Judge Ricardo M. Urbina)

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

Filed under: Punch And Jurists

Omar v. Geren, No. Civ. No. 05-2374 (RMU) (D.D.C.) (689 F.Supp.2d 1) (September 28, 2009) (Judge Ricardo M. Urbina) by This decision is a follow-up to the Supreme Court’s ruling in Munaf v. Green, 553 U.S. ___, 128 S.Ct. 2207 (June 12, 2008) (“Munaf III”). In Munaf III, the Supreme …

U.S. v. Ware, No. 07-5222-cr(L) (2nd Cir.) (577 F.3d 442) (August 18, 2009) (Judge Amalya Lyle Kearse)

Article • September 1, 2009 • from P&J October, 2009

Filed under: Punch And Jurists, Otherwise Extensive

U.S. v. Ware, No. 07-5222-cr(L) (2nd Cir.) (577 F.3d 442) (August 18, 2009) (Judge Amalya Lyle Kearse) by Defendant's securities fraud conviction is affirmed, where the Double Jeopardy Clause did not apply to defendant's retrial because he himself moved for a mistrial. However, his sentence is vacated where the district …

U.S. v. Frechette, No. 08-2191 (6th Cir.) (583 F.3d 374) (October 8, 2009) (Judge Amul R. Thapar)

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

Filed under: Punch And Jurists, Purchase of Porn Site Subscription

U.S. v. Frechette, No. 08-2191 (6th Cir.) (583 F.3d 374) (October 8, 2009) (Judge Amul R. Thapar) by The central issue in this case was whether probable cause existed to obtain a search warrant to search a person’s home and computer based on the sole fact that he purchased a …