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Safford Unified School District v. Redding, No. 08-479 (U.S. Supreme Court) (557 U.S. 364; 129 S.Ct. 2633) (June 25, 2009) (Justice Souter)

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

Filed under: Punch And Jurists, School Searches

Safford Unified School District v. Redding, No. 08-479 (U.S. Supreme Court) (557 U.S. 364; 129 S.Ct. 2633) (June 25, 2009) (Justice Souter) by Writing for an 8-1 majority in the final decision of his Supreme Court career, Justice Souter held that the strip search of a 13-year old schoolgirl by …

Boyle v. U.S., No. 07-1309 (U.S. Supreme Court) (556 U.S. 938; 129 S.Ct. 2237) (June 8, 2009) (Justice Alito)

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

Filed under: Punch And Jurists

Boyle v. U.S., No. 07-1309 (U.S. Supreme Court) (556 U.S. 938; 129 S.Ct. 2237) (June 8, 2009) (Justice Alito) by The issue before the Supreme Court in this case was “whether an association-in-fact enterprise under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961 et seq., must …

U.S. v. Hertular, No. 07-1453 (2nd Cir.) (562 F.3d 433) (April 6, 2009) (Judge Reena Raggi)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Hertular, No. 07-1453 (2nd Cir.) (562 F.3d 433) (April 6, 2009) (Judge Reena Raggi) by Conviction for drug and drug-related crimes is affirmed in part, reversed in part, and vacated and remanded where: 1) the evidence was insufficient to support defendant's conviction for forcibly impeding or intimidating a …

Melendez-Diaz v. Massachusetts, No. 07-591 (U.S. Supreme Court) (557 U.S. 305; 129 S.Ct. 2527) (June 25, 2009) (Justice Scalia)

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

Filed under: Punch And Jurists, Crime Lab Reports

Melendez-Diaz v. Massachusetts, No. 07-591 (U.S. Supreme Court) (557 U.S. 305; 129 S.Ct. 2527) (June 25, 2009) (Justice Scalia) by In Crawford v. Washington, 541 U.S. 36 (2004), the Supreme Court revitalized the Confrontation Clause by holding that the Sixth Amendment guarantees a defendant's right to confront those "who 'bear …

U.S. v. Price, No. 05-30323 (9th Cir.) (566 F.3d 900) (May 21, 2009) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Failure to Disclose

U.S. v. Price, No. 05-30323 (9th Cir.) (566 F.3d 900) (May 21, 2009) (Judge Stephen Reinhardt) by This case is noted for its strong affirmation of the principle that a prosecutor cannot escape his Brady obligations to disclose exculpatory information to the defense on the grounds that the information was …

District Attorney's Office v. Osborne, No. 08-6 (U.S. Supreme Court) (557 U.S. 52; 129 S.Ct. 2308) (June 18, 2009) (Justice (John G.) Roberts)

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

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

District Attorney's Office v. Osborne, No. 08-6 (U.S. Supreme Court) (557 U.S. 52; 129 S.Ct. 2308) (June 18, 2009) (Justice (John G.) Roberts) by Here the Court held, by a 5-4 vote, that an individual whose criminal conviction has become final does not have a constitutional right to gain access …

Yeager v. U.S., No. 08-67 (U.S. Supreme Court) (557 U.S. 110; 129 S.Ct. 2360) (June 18, 2009) (Justice Stevens)

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

Filed under: Punch And Jurists

Yeager v. U.S., No. 08-67 (U.S. Supreme Court) (557 U.S. 110; 129 S.Ct. 2360) (June 18, 2009) (Justice Stevens) by In this case, the Supreme Court held, by a 6-3 vote, that if a jury finds an individual not guilty on some counts, but can’t agree on the others, prosecutors …

U.S. v. Kopp, No. 07-2797-cr (2nd Cir.) (562 F.3d 141) (April 6, 2009) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Kopp, No. 07-2797-cr (2nd Cir.) (562 F.3d 141) (April 6, 2009) (Per Curiam) by Conviction for intentionally inflicting on a person, because that person was a provider of reproductive health services, an injury resulting in death is affirmed where: 1) district court properly denied defendant's motion to suppress …

U.S. v. McCourty, No. 07-3862-cr (2nd Cir.) (562 F.3d 458) (April 9, 2009) (Judge Roger J. Miner)

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

Filed under: Punch And Jurists, grand Jury Clause

U.S. v. McCourty, No. 07-3862-cr (2nd Cir.) (562 F.3d 458) (April 9, 2009) (Judge Roger J. Miner) by Conviction and sentence for drug crimes is affirmed and remanded where: 1) no constructive amendment resulted when the district court broke the single offense into two parts to be addressed by the …

U.S. v. Amezcua-Vasquez, No. 07-50239 (9th Cir.) (567 F.3d 1050) (June 1, 2009) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Substantively Unreasonable

U.S. v. Amezcua-Vasquez, No. 07-50239 (9th Cir.) (567 F.3d 1050) (June 1, 2009) (Judge Jr. William C. Canby) by We believe that this is the first published decision by a Circuit Court of Appeals in which a within-Guidelines sentence has been held to be substantively unreasonable; and, while the panel’s …

Nijhawan v. Holder, No. 08-495 (U.S. Supreme Court) (557 U.S. 29; 129 S.Ct. 2294) (June 15, 2009) (Judge Charles R. Breyer)

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

Filed under: Punch And Jurists, Amount of Loss

Nijhawan v. Holder, No. 08-495 (U.S. Supreme Court) (557 U.S. 29; 129 S.Ct. 2294) (June 15, 2009) (Judge Charles R. Breyer) by Here a uninamous Court held that to convict for an "aggravated felony” that involves fraud or deceit in which the loss to the victims exceeds $10,000, the jury …

U.S. v. Josephberg, No. 07-3958-cr (2nd Cir.) (562 F.3d 478) (April 9, 2009) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Josephberg, No. 07-3958-cr (2nd Cir.) (562 F.3d 478) (April 9, 2009) (Judge Amalya Lyle Kearse) by Conviction for tax offenses and health care fraud is affirmed where: 1) the government presented sufficient evidence to support defendant's conviction for income tax evasion and health care fraud; 2) defendant's conviction …

U.S. v. Robles, No. 07-1013-cr(L) (2nd Cir.) (562 F.3d 451) (April 9, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Robles, No. 07-1013-cr(L) (2nd Cir.) (562 F.3d 451) (April 9, 2009) (Per Curiam) by Conviction and sentence for conspiracy to commit Hobbs Act robbery is affirmed where: 1) the district court did not err in calculating defendant's Sentencing Guidelines range as it properly considered the robberies as objects …

U.S. v. Abdulle, No. 06-3647-cr (2nd Cir.) (564 F.3d 119) (April 22, 2009) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Abdulle, No. 06-3647-cr (2nd Cir.) (564 F.3d 119) (April 22, 2009) (Judge Sonia Sotomayor) by Conviction for drug crimes is affirmed where the evidence was sufficient to show both that defendant knew that cathinone was a controlled substance and that he conspired to possess and distribute that specific …

Al Ginco v. Obama, No. Civ. No. 05-1310 (RJL) (D.D.C.) (626 F.Supp.2d 123) (June 22, 2009) (Judge Richard J. Leon)

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

Filed under: Punch And Jurists, Part of al Qaeda

Al Ginco v. Obama, No. Civ. No. 05-1310 (RJL) (D.D.C.) (626 F.Supp.2d 123) (June 22, 2009) (Judge Richard J. Leon) by In January, 2002, the petitioner in this case, Abdulrahim Al Ginco (who prefers the surname Janko) (herein “Janko”), a Syrian citizen, was taken into custody by U.S. forces in …

U.S. v. Alderman, No. 07-30186 (9th Cir.) (565 F.3d 641) (May 12, 2009) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Body Armor

U.S. v. Alderman, No. 07-30186 (9th Cir.) (565 F.3d 641) (May 12, 2009) (Judge M. Margaret McKeown) by In a strained decision that often limps under the weight of frail logic, a divided panel from the Ninth Circuit has affirmed the constitutional validity of 18 U.S.C. §§ 931 and 921(a)(35), …

In Re: NSA Telecommunications Records Litigation, No. MDL No. 06-1791-VRW (N.D.Cal.) (633 F.Supp.2d 949) (June 3, 2009) (Judge Vaughn R. Walker)

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

Filed under: Punch And Jurists, FISA Amendments Act of 2008

In Re: NSA Telecommunications Records Litigation, No. MDL No. 06-1791-VRW (N.D.Cal.) (633 F.Supp.2d 949) (June 3, 2009) (Judge Vaughn R. Walker) by Starting in late 2005, news sources from around the country began to report that the National Security Agency, with assistance from major telecommunications carriers including AT&T, had engaged …

Padilla v. Yoo, No. C 08-00035-JSW (N.D.Cal.) (633 F.Supp.2d 1005) (June 12, 2009) (Judge Jeffrey S. White)

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

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

Padilla v. Yoo, No. C 08-00035-JSW (N.D.Cal.) (633 F.Supp.2d 1005) (June 12, 2009) (Judge Jeffrey S. White) by Here the Court refused to dismiss a civil rights lawsuit by Jose Padilla against John Yoo as the person primarily responsible for the regimen of torture and abuse to which Padilla was …

U.S. v. McGee, No. 07-4509-cr (2nd Cir.) (564 F.3d 136) (April 24, 2009) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Third-party Consent

U.S. v. McGee, No. 07-4509-cr (2nd Cir.) (564 F.3d 136) (April 24, 2009) (Judge Pierre N. Leval) by Conviction for firearms possessions is affirmed where: 1) the district court properly denied defendant's motion to suppress evidence seized from his house as defendant's live-in girlfriend had authority to occupy the premises …

In Re: DNA Ex Post Facto Issues, No. 08-6169 (4th Cir.) (561 F.3d 294) (March 26, 2009) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

In Re: DNA Ex Post Facto Issues, No. 08-6169 (4th Cir.) (561 F.3d 294) (March 26, 2009) (Judge William B. Jr. Traxler) by The plaintiff in this case, Anthony Eubanks, a prisoner in South Carolina, appealed from a summary judgment against him dismissing his constitutional challenges to a new South …