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New York v. Belton, No. 80-328 (U.S. Supreme Court) (453 U.S. 454; 101 S.Ct. 2860) (July 1, 1981) (Justice Stewart)

Article • April 30, 2009

Filed under: Punch And Jurists, Automobile Searches/Seizures

New York v. Belton, No. 80-328 (U.S. Supreme Court) (453 U.S. 454; 101 S.Ct. 2860) (July 1, 1981) (Justice Stewart) by In this case, a state trooper stopped a speeding car for a traffic citation. Upon approaching the car, the officer noticed four male occupants and also smelled the odor …

Chimel v. California, No. 770 (U.S. Supreme Court) (395 U.S. 752; 89 S.Ct. 2034) (June 23, 1969) (Justice Stewart)

Article • April 21, 2009

Filed under: Punch And Jurists, Immediate Control

Chimel v. California, No. 770 (U.S. Supreme Court) (395 U.S. 752; 89 S.Ct. 2034) (June 23, 1969) (Justice Stewart) by In this case, the police came to petitioner's home with an arrest warrant to arrest him for an alleged burglary. When petitioner returned from work, the police arrested him. The …

Mallory v. U.S., No. 521 (U.S. Supreme Court) (354 U.S. 449; 77 S.Ct. 1356) (June 24, 2057) (Justice Frankfurter)

Article • April 14, 2009

Filed under: Punch And Jurists, McNabb-Mallory's Exclusionary Rule

Mallory v. U.S., No. 521 (U.S. Supreme Court) (354 U.S. 449; 77 S.Ct. 1356) (June 24, 2057) (Justice Frankfurter) by In this case, a unanimous Court held that a confession given seven hours after an individual had been arrested for a federal crime could not be used if there had …

McNabb v. U.S., No. 25 (U.S. Supreme Court) (318 U.S. 332; 63 S.Ct. 608) (March 1, 2043) (Justice Frankfurter)

Article • April 7, 2009

Filed under: Punch And Jurists, Delay in Arraignmnt

McNabb v. U.S., No. 25 (U.S. Supreme Court) (318 U.S. 332; 63 S.Ct. 608) (March 1, 2043) (Justice Frankfurter) by In this case, a number of the petitioners (all members of the McNabb family) defendants were illegally detained under aggravating circumstances: one of them was subjected to unremitting questioning by …

U.S. v. Alvarez-Sanchez, No. 92-1812 (U.S. Supreme Court) (511 U.S. 350; 114 S.Ct. 1599) (May 2, 1994) (Justice Thomas)

Article • April 7, 2009

Filed under: Punch And Jurists, Impact of 18 USC § 3501(c)

U.S. v. Alvarez-Sanchez, No. 92-1812 (U.S. Supreme Court) (511 U.S. 350; 114 S.Ct. 1599) (May 2, 1994) (Justice Thomas) by In this case, the defendant argued that 18 U.S.C. § 3501(c) rendered inadmissible the custodial statement he made more than six hours after his arrest on state criminal charges. Section …

Ashcroft v. Iqbal, No. 07-1015 (U.S. Supreme Court) (556 U.S. 662; 129 S.Ct. 1937) (May 18, 2009) (Justice Kennedy)

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

Filed under: Punch And Jurists

Ashcroft v. Iqbal, No. 07-1015 (U.S. Supreme Court) (556 U.S. 662; 129 S.Ct. 1937) (May 18, 2009) (Justice Kennedy) by In the immediate aftermath of the terrorist attacks on Sept. 11, 2001, the United States began rounding up and detaining more than 1,200 citizens and aliens nationwide. Many of those …

Bobby v. Bies, No. 08-598 (U.S. Supreme Court) (556 U.S. 825; 129 S.Ct. 2145) (June 1, 2009) (Justice Ginsburg)

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

Filed under: Punch And Jurists

Bobby v. Bies, No. 08-598 (U.S. Supreme Court) (556 U.S. 825; 129 S.Ct. 2145) (June 1, 2009) (Justice Ginsburg) by If this rather nondescript decision is remembered for anything at all, it will probably be remembered for its repeated and caustic verbal spanking of the Sixth Circuit. In a demeaning …

U.S. v. Morales, No. 07-4202-cr(L) (2nd Cir.) (560 F.3d 112) (March 18, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Morales, No. 07-4202-cr(L) (2nd Cir.) (560 F.3d 112) (March 18, 2009) (Per Curiam) by Sentence for drug crimes is remanded where the government potentially misled defendant as to the minimum penalty he would face after a jury's conviction. The district court should determine whether the government caused misunderstanding …

U.S. v. Polouizzi, No. 08-1830-cr(L) (2nd Cir.) (564 F.3d 142) (April 24, 2009) (Judge Robert A. Katzmann)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Polouizzi, No. 08-1830-cr(L) (2nd Cir.) (564 F.3d 142) (April 24, 2009) (Judge Robert A. Katzmann) by In U.S. v. Polizzi, 549 F.Supp.2d 308 (E.D.N.Y. Apr. 1, 2008) (P&J, 03/03/08), District Judge Jack Weinstein of the E.D.N.Y. issued another of his long list of distinguished (and often controversial), and …

Haywood v. Drown, No. 07-10374 (U.S. Supreme Court) (556 U.S. 729; 129 S.Ct. 2108) (May 26, 2009) (Justice Stevens)

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

Filed under: Punch And Jurists, Supremacy Clause

Haywood v. Drown, No. 07-10374 (U.S. Supreme Court) (556 U.S. 729; 129 S.Ct. 2108) (May 26, 2009) (Justice Stevens) by Motivated by the belief that damages suits filed by prisoners against state correction officers were largely frivolous and vexatious, New York State passed Correction Law § 24 (herein “CL§24"), which …

Mohamed v. Jeppesen Dataplan, Inc., No. 08-15693 (9th Cir.) (563 F.3d 992) (April 28, 2009) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Alien Tort Statute

Mohamed v. Jeppesen Dataplan, Inc., No. 08-15693 (9th Cir.) (563 F.3d 992) (April 28, 2009) (Judge Michael Daly Hawkins) by In a forceful decision with potentially far reaching consequences, a panel from the Ninth Circuit dealt a huge blow to the claims of both the Bush Administration and the Obama …

U.S. v. Friedberg, No. 08-3763-cr (2nd Cir.) (558 F.3d 131) (March 2, 2009) (Judge Loretta A. Preska)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Friedberg, No. 08-3763-cr (2nd Cir.) (558 F.3d 131) (March 2, 2009) (Judge Loretta A. Preska) by Sentence for tax evasion is affirmed where district court properly applied an abuse of trust sentencing enhancement under the United States Sentencing Guidelines as the defendant's tax evasion was part of a …

U.S. v. Johnson, No. 08-2296-cr (2nd Cir.) (558 F.3d 193) (February 25, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Application Notes

U.S. v. Johnson, No. 08-2296-cr (2nd Cir.) (558 F.3d 193) (February 25, 2009) (Per Curiam) by Conviction and sentence for being a felon in possession of a firearm is affirmed where the district court's application of a sentencing enhance under the United States Sentencing Guidelines and reliance on the application …

U.S. v. Gully, No. CR 08-3005-MWB (N.D.Iowa) (619 F.Supp.2d 633) (May 18, 2009) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Gully, No. CR 08-3005-MWB (N.D.Iowa) (619 F.Supp.2d 633) (May 18, 2009) (Judge Mark W. Bennett) by When Congress enacted the Anti-Drug Abuse Act of 1986, it established what has come to be known as a 100-to-1 quantity ratio between the two forms of cocaine. Largely in response to …

Ahmed v. Obama, No. Civ. No. 05-1678 (GK) (D.D.C.) (613 F.Supp.2d 51) (May 11, 2009) (Judge Gladys Kessler)

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

Filed under: Punch And Jurists, Lack of Evidence

Ahmed v. Obama, No. Civ. No. 05-1678 (GK) (D.D.C.) (613 F.Supp.2d 51) (May 11, 2009) (Judge Gladys Kessler) by In this heavily redacted, 45-page decision, Judge Kessler concluded that the Government had failed to prove that it had a valid basis on which to continue to hold Alla Ali Ahmed, …

U.S. v. Phinney, No. 08-CR-260 (E.D.Wisc.) (599 F.Supp.2d 1037) (February 20, 2009) (Judge Lynn S. Adelman)

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

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

U.S. v. Phinney, No. 08-CR-260 (E.D.Wisc.) (599 F.Supp.2d 1037) (February 20, 2009) (Judge Lynn S. Adelman) by This masterful decision, by one of the ablest sentencing judges in America, adds some significant support to the growing chorus of sharp criticism to the harsh punishment scheme for child pornography possession crimes …

U.S. v. Owen, No. 07-4966-cr (2nd Cir.) (559 F.3d 82) (March 9, 2009) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists

U.S. v. Owen, No. 07-4966-cr (2nd Cir.) (559 F.3d 82) (March 9, 2009) (Judge Jose A. Cabranes) by Petition for panel rehearing on the issue of whether defendant's motion for a new trial was timely is denied where the motion is still pending before the district court and thus the …

U.S. v. Simmons, No. 07-5127-cr (2nd Cir.) (560 F.3d 98) (March 17, 2009) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Jurors - Removal/Excusing

U.S. v. Simmons, No. 07-5127-cr (2nd Cir.) (560 F.3d 98) (March 17, 2009) (Judge Rosemary S. Pooler) by Conviction for firearms possession is affirmed where: 1) district court properly denied defendant's motion to suppress the firearms as officers were responding to an anonymous 911 call reporting an ongoing emergency and …

U.S. v. Tom, No. 08-2345 (8th Cir.) (565 F.3d 497) (May 13, 2009) (Judge Diana E. Murphy)

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

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Tom, No. 08-2345 (8th Cir.) (565 F.3d 497) (May 13, 2009) (Judge Diana E. Murphy) by As expected, the battle over the constitutionality of 18 U.S.C. § 4248 is beginning to heat up. That statute, which was enacted into law on July 27, 2006 as part of the …

U.S. v. Ballard, No. 08 CR 62(JSR) (S.D.N.Y.) (599 F.Supp.2d 539) (March 2, 2009) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists, Stacking Mandatory Minimum Sentences

U.S. v. Ballard, No. 08 CR 62(JSR) (S.D.N.Y.) (599 F.Supp.2d 539) (March 2, 2009) (Judge Jed S. Rakoff) by This is another in a series of recent decisions from the Second Circuit in which a court has refused to go along with the Government’s desire to squeeze out the maximum …