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National Rifle Association v. City of Chicago, No. 08-4241 (7th Cir.) (567 F.3d 856) (June 2, 2008) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists

National Rifle Association v. City of Chicago, No. 08-4241 (7th Cir.) (567 F.3d 856) (June 2, 2008) (Judge Frank H. Easterbrook) by On June 26, 2008, the Supreme Court issued its historic decision in District of Columbia v. Heller, 554 U.S. ___, 128 S.Ct. 2783 (2008), in which a 5-4 …

U.S. v. Crabtree, No. 08-4411 (4th Cir.) (565 F.3d 887) (May 19, 2009) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Wiretap Evidence

U.S. v. Crabtree, No. 08-4411 (4th Cir.) (565 F.3d 887) (May 19, 2009) (Judge William B. Jr. Traxler) by This is an interesting decision in which the Fourth Circuit vacated a defendant’s conviction and two-year sentence for violating the terms of his supervised release because the district court had committed …

U.S. v. Knox, No. 06-4101 (7th Cir.) (573 F.3d 441) (July 20, 2009) (Judge John Daniel Tinder)

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

Filed under: Punch And Jurists, Sua Sponte Changes

U.S. v. Knox, No. 06-4101 (7th Cir.) (573 F.3d 441) (July 20, 2009) (Judge John Daniel Tinder) by This appeal by three defendants who were convicted of conspiracy to distribute more than 50 grams of crack cocaine and sentenced before the Supreme Court’s landmark crack cocaine ruling in Kimbrough v. …

U.S. v. Lloyd, No. 08-2513 (3rd Cir.) (566 F.3d 341) (May 27, 2009) (Judge Thomas Michael Hardiman)

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

Filed under: Punch And Jurists

U.S. v. Lloyd, No. 08-2513 (3rd Cir.) (566 F.3d 341) (May 27, 2009) (Judge Thomas Michael Hardiman) by Here the Court vacated a sentence imposed following a revocation of supervised release hearing, after concluding that the district court’s reliance on uncorroborated report of an alleged domestic battery violation violated the …

U.S. v. Brown, No. 07-CR-874 (KAM) (E.D.N.Y.) (606 F.Supp.2d 306) (March 9, 2009) (Judge Kiyo A. Matsumoto)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Brown, No. 07-CR-874 (KAM) (E.D.N.Y.) (606 F.Supp.2d 306) (March 9, 2009) (Judge Kiyo A. Matsumoto) by In a decision that provides a lot of insights into the purposes of, and the burdens of proof under, Fed.R.Evid. 609(a)( and (b), Judge Kiyo Matusmoto presented a studious analysis of her …

U.S. v. Weatherton, No. 08-30542 (5th Cir.) (567 F.3d 149) (May 1, 2009) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists

U.S. v. Weatherton, No. 08-30542 (5th Cir.) (567 F.3d 149) (May 1, 2009) (Judge Fortunato P. Benavides) by In April 2006, Bobby Weatherton plead guilty to defrauding the Government by making a false claim to the Federal Emergency Management Agency (FEMA) following Hurricane Katrina. He was sentenced to three years …

U.S. v. Lassiter, No. 08-0376 (PLF) (D.D.C.) (607 F.Supp.2d 162) (April 10, 2009) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists

U.S. v. Lassiter, No. 08-0376 (PLF) (D.D.C.) (607 F.Supp.2d 162) (April 10, 2009) (Judge Paul L. Friedman) by This case is noted for its detailed discussion of the relatively easy procedures that the Government must follow when it seeks an order to compel a defendant to give a DNA sample. …

U.S. v. Feemster, No. 06-2059 (8th Cir.) (572 F.3d 455) (July 13, 2009) (Judge Lavenski R. Smith)

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

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Feemster, No. 06-2059 (8th Cir.) (572 F.3d 455) (July 13, 2009) (Judge Lavenski R. Smith) by It is now more than nine years since the Supreme Court’s landmark sentencing decision in Apprendi v. New Jersey, 530 U.S. 466 (2000) - a decision that dramatically altered forever sentencing practices …

U.S. v. Grant, No. 07-3831 (6th Cir.) (567 F.3d 776) (June 9, 2009) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Grant, No. 07-3831 (6th Cir.) (567 F.3d 776) (June 9, 2009) (Judge Gilbert S. Merritt) by Here a divided panel held that, when considering a Government motion to reduce a defendant’s sentence pursuant to Fed.R.Crim.P. 35(b), the district court may consider factors beyond just the defendant’s substantial assistance. …

U.S. v. Engstrum, No. 2:08-CR-430 TS (D.Utah) (2009 U.S. Dist. LEXIS 53120) (June 15, 2009) (Judge Brian Theadore Stewart)

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

Filed under: Punch And Jurists

U.S. v. Engstrum, No. 2:08-CR-430 TS (D.Utah) (2009 U.S. Dist. LEXIS 53120) (June 15, 2009) (Judge Brian Theadore Stewart) by Here the Court held that someone being prosecuted for possessing a gun after having been convicted of a domestic violence misdemeanor is constitutionally entitled to present an affirmative defense that …

Friedman v. Boucher, No. 05-15675 (9th Cir.) (568 F.3d 1119) (June 23, 2009) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, DNA Evidence

Friedman v. Boucher, No. 05-15675 (9th Cir.) (568 F.3d 1119) (June 23, 2009) (Judge Sidney R. Thomas) by In this case, a divided panel from the Ninth Circuit held that a Las Vegas prosecutor and a police detective were not entitled to the defense of qualified immunity in a civil …

U.S. v. Medford, No. 1:07cr122 (W.D.N.C.) (608 F.Supp.2d 709) (April 16, 2009) (Judge Thomas Selby III Ellis)

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

Filed under: Punch And Jurists, Reimbursement

U.S. v. Medford, No. 1:07cr122 (W.D.N.C.) (608 F.Supp.2d 709) (April 16, 2009) (Judge Thomas Selby III Ellis) by In a case of potential far-reaching consequence, Judge Ellis ordered the defendant to make monthly payments of $3,500 throughout his entire 180 months of incarceration (a grand total of $630,000) to reimburse …

Bacha v. Obama, No. Civ. No. 05-2385 (ESH) (D.D.C.) (2009 U.S. Dist. LEXIS 61310) (July 17, 2009) (Judge Ellen Segal Huvelle)

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

Filed under: Punch And Jurists, Coercive Interrogations

Bacha v. Obama, No. Civ. No. 05-2385 (ESH) (D.D.C.) (2009 U.S. Dist. LEXIS 61310) (July 17, 2009) (Judge Ellen Segal Huvelle) by The petitioner in this case, Saki Bacha (a.k.a. Mohammed Jawad) is one of the many detainees at Guantanamo Bay who have petitioned for habeas corpus relief based in …

Samford v. Dretke, No. 06-20443 (5th Cir.) (562 F.3d 675) (March 3, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Negative Mail List

Samford v. Dretke, No. 06-20443 (5th Cir.) (562 F.3d 675) (March 3, 2009) (Per Curiam) by In this case, Scott Samford, a Texas state inmate who is serving a 20 year sentence, appealed from the dismissal of his civil rights lawsuit under 42 U.S.C. 1983 against Texas prison officials on …

U.S. v. Ness, No. 05-4401-cr (2nd Cir.) (565 F.3d 73) (May 8, 2009) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Ness, No. 05-4401-cr (2nd Cir.) (565 F.3d 73) (May 8, 2009) (Judge Ralph K. Jr. Winter) by Conviction for conspiring to commit three money laundering offenses is reversed where: 1) a reasonable jury could not find beyond a reasonable doubt that the purpose of defendant's transportation of narcotics …

Edwards v. Arizona, No. 79-5269 (U.S. Supreme Court) (451 U.S. 477; 101 S.Ct. 1880) (May 18, 1981) (Justice White)

Article • May 26, 2009

Filed under: Punch And Jurists, After Request for Counsel

Edwards v. Arizona, No. 79-5269 (U.S. Supreme Court) (451 U.S. 477; 101 S.Ct. 1880) (May 18, 1981) (Justice White) by In this case, the defendant was arrested at his home and taken to a police station where an officer informed him of his Miranda rights. The defendant asserted his right …

Michigan v. Jackson, No. 84-1531 (U.S. Supreme Court) (475 U.S. 625; 106 S.Ct. 1404) (April 1, 1986) (Justice Stevens)

Article • May 26, 2009

Filed under: Punch And Jurists, After Request for Counsel

Michigan v. Jackson, No. 84-1531 (U.S. Supreme Court) (475 U.S. 625; 106 S.Ct. 1404) (April 1, 1986) (Justice Stevens) by In Edwards v Arizona, 451 US 477 (1981), the Supreme Court held that an accused person in custody who has "expressed his desire to deal with the police only through …

I.N.S. v. Lopez-Mendoza, No. 83-491 (U.S. Supreme Court) (468 U.S. 1032; 104 S.Ct. 3479) (July 5, 1984) (Justice O'Connor)

Article • May 14, 2009

Filed under: Punch And Jurists, Suppression of Identity Evidence

I.N.S. v. Lopez-Mendoza, No. 83-491 (U.S. Supreme Court) (468 U.S. 1032; 104 S.Ct. 3479) (July 5, 1984) (Justice O'Connor) by In this case, the Supreme Court reviewed two civil cases, both involving deportation proceedings that took place following unlawful arrests. Adan Lopez-Mendoza challenged an immigration court's jurisdiction over his person …

Michigan v. Harvey, No. 88-512 (U.S. Supreme Court) (494 U.S. 344; 110 S.Ct. 1176) (March 4, 1990) (Justice Rehnquist)

Article • May 9, 2009

Filed under: Punch And Jurists, Impeachment Purposes

Michigan v. Harvey, No. 88-512 (U.S. Supreme Court) (494 U.S. 344; 110 S.Ct. 1176) (March 4, 1990) (Justice Rehnquist) by Here a majority of the Court concluded that a statement obtained from a defendant during a police initiated questioning after a request for counsel may be used to impeach the …

Wade v. Brady, No. 04cv12135-NG (D.Mass.) (612 F.Supp.2d 90) (April 30, 2009) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

Wade v. Brady, No. 04cv12135-NG (D.Mass.) (612 F.Supp.2d 90) (April 30, 2009) (Judge Nancy Gertner) by Back in 2006, Judge Gertner issued a partial ruling on an issue that has grown in significance and importance - namely, does a prisoner have a due process right to post-conviction access to biological …