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U.S. v. Volungus, No. Civ. No. 07-12060-GAO (D.Mass.) (599 F.Supp.2d 68) (February 27, 2009) (Judge George A. Jr. O'Toole)

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

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Volungus, No. Civ. No. 07-12060-GAO (D.Mass.) (599 F.Supp.2d 68) (February 27, 2009) (Judge George A. Jr. O'Toole) by Here the Court held that the civil commitment provisions of the Adam Walsh Act (18 U.S.C. § 4248) (which authorizes, inter alia, the Attorney General and the Director of the …

Abuelhawa v. U.S., No. 08-192 (U.S. Supreme Court) (556 U.S. 816; 129 S.Ct. 2102) (May 26, 2009) (Justice Souter)

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

Filed under: Punch And Jurists

Abuelhawa v. U.S., No. 08-192 (U.S. Supreme Court) (556 U.S. 816; 129 S.Ct. 2102) (May 26, 2009) (Justice Souter) by In this brief and unanimous decision, the Supreme Court held that an individual cannot be held liable under 21 U.S.C. § 843(b) for “facilitating” felony drug distribution by using a …

Gherebi v. Obama, No. 04-1164 (RBW) (D.D.C.) (609 F.Supp.2d 43) (April 22, 2009) (Judge Reggie B. Walton)

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

Filed under: Punch And Jurists, Standards for Detention

Gherebi v. Obama, No. 04-1164 (RBW) (D.D.C.) (609 F.Supp.2d 43) (April 22, 2009) (Judge Reggie B. Walton) by In this lengthy and long-awaited decision regarding the Government's authority to detain individuals suspected of supporting terrorist organizations, District Judge Walton essentially adopted “the government’s standard for detention . . . subject …

Muniz v. Smith, No. 09-2324 (6th Cir.) (647 F.3d 619) (July 29, 2011) (Judge Eugene E. Jr. Siler)

Article • April 1, 2009 • from P&J August, 2011

Filed under: Punch And Jurists, Sleeping Lawyer

Muniz v. Smith, No. 09-2324 (6th Cir.) (647 F.3d 619) (July 29, 2011) (Judge Eugene E. Jr. Siler) by Joseph Muniz was convicted in a state court in Wayne County, Michigan of a number of charges arising out the shooting in 2004 of the boyfriend of his former girlfriend; and …

Montejo v. Louisiana, No. 07-1529 (U.S. Supreme Court) (556 U.S. 778; 129 S.Ct. 2079) (May 26, 2009) (Justice Scalia)

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

Filed under: Punch And Jurists, After Request for Counsel

Montejo v. Louisiana, No. 07-1529 (U.S. Supreme Court) (556 U.S. 778; 129 S.Ct. 2079) (May 26, 2009) (Justice Scalia) by In a ruling that epitomizes the Supreme Court’s current conservative-versus-liberal alignment of Justices, a 5-4 majority overruled the Court’s 23-year-old holding in Michigan v. Jackson, 475 U.S. 625 (1986) and …

U.S. v. Hodges, No. 07-CR-706(CPS) (E.D.N.Y.) (2009 U.S. Dist. LEXIS 10683) (February 12, 2009) (Judge Charles P. Sifton)

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

Filed under: Punch And Jurists

U.S. v. Hodges, No. 07-CR-706(CPS) (E.D.N.Y.) (2009 U.S. Dist. LEXIS 10683) (February 12, 2009) (Judge Charles P. Sifton) by In a sentencing decision that is generally noteworthy for its assiduous attention to individualized sentencing based on the unique history and characteristics of the defendant, Judge Sifton imposed a non-Guidelines sentence …

Nichols v. U.S., No. 05-6452 (6th Cir.) (563 F.3d 240) (April 29, 2009) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists, Future Change in the Law

Nichols v. U.S., No. 05-6452 (6th Cir.) (563 F.3d 240) (April 29, 2009) (Judge Alice M. Batchelder) by Ruling en banc, a divided Sixth Circuit reversed a prior panel decision which held that the petitioner, Thomas Nichols, has been denied the effective assistance of counsel by his attorney’s failure to …

Fontroy v. Beard, No. 07-2446 (3rd Cir.) (559 F.3d 173) (March 10, 2009) (Judge D. Brooks Smith)

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

Filed under: First Amendment, Punch And Jurists

Fontroy v. Beard, No. 07-2446 (3rd Cir.) (559 F.3d 173) (March 10, 2009) (Judge D. Brooks Smith) by In this decision, the Third Circuit upheld a new prison mail policy implemented by the Pennsylvania Department of Corrections (DOC) in 2002 which effectively allowed prison officials to open mail addressed from …

U.S. v. Scheffer, No. 96-1133 (U.S. Supreme Court) (523 U.S. 303; 118 S.Ct. 1261) (March 31, 1998) (Justice Thomas)

Article • March 29, 2009

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Scheffer, No. 96-1133 (U.S. Supreme Court) (523 U.S. 303; 118 S.Ct. 1261) (March 31, 1998) (Justice Thomas) by In this case the Supreme Court had a chance to visit the issue of the admissibility of polygraph evidence, but aside from ruling on its prohibition in military trials, the …

U.S. v. Olhovsky, No. 07-1642 (3rd Cir.) (562 F.3d 530) (April 16, 2009) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Child Pornography

U.S. v. Olhovsky, No. 07-1642 (3rd Cir.) (562 F.3d 530) (April 16, 2009) (Judge Theodore A. McKee) by Here the Court rejected as unreasonable a below Guidelines sentence imposed in a child pornography case because the district court failed to comport with the mandates of the so-called parsimony provision of …

Kansas v. Ventris, No. 07-1356 (U.S. Supreme Court) (556 U.S. 586; 129 S.Ct. 1841) (April 29, 2009) (Justice Scalia)

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

Filed under: Punch And Jurists, Massiah Rule

Kansas v. Ventris, No. 07-1356 (U.S. Supreme Court) (556 U.S. 586; 129 S.Ct. 1841) (April 29, 2009) (Justice Scalia) by The question before the Court in this case was whether a defendant's voluntary incriminating statements made to a jailhouse informant are admissible to impeach the defendant’s conflicting statements - in …

Dean v. U.S., No. 08-5274 (U.S. Supreme Court) (556 U.S. 568; 129 S.Ct. 1849) (April 29, 2009) (Justice (John G.) Roberts)

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

Filed under: Punch And Jurists

Dean v. U.S., No. 08-5274 (U.S. Supreme Court) (556 U.S. 568; 129 S.Ct. 1849) (April 29, 2009) (Justice (John G.) Roberts) by The question before the Court in this case was whether 18 U.S.C. § 924(c)(1)(A)(iii) - which calls for the imposition of a ten-year mandatory minimum sentence if a …

Corley v. U.S., No. 07-10441 (U.S. Supreme Court) (556 U.S. 303; 129 S.Ct. 1558) (April 6, 2009) (Justice Souter)

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

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

Corley v. U.S., No. 07-10441 (U.S. Supreme Court) (556 U.S. 303; 129 S.Ct. 1558) (April 6, 2009) (Justice Souter) by This case represents the Supreme Court’s second attempt during its current term to address the so-called “exclusionary rule.” That rule was first articulated by the Supreme Court in 1914 as …

Harbison v. Bell, No. 07-8521 (U.S. Supreme Court) (556 U.S. 180; 129 S.Ct. 1481) (April 1, 2009) (Justice Stevens)

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

Filed under: Punch And Jurists

Harbison v. Bell, No. 07-8521 (U.S. Supreme Court) (556 U.S. 180; 129 S.Ct. 1481) (April 1, 2009) (Justice Stevens) by Here the Court held, by a vote of 7-2, that 18 U.S.C. § 3599, which provides free defense lawyers for individuals facing a possible death sentence, allows such a lawyer …

U.S. v. Dorsey, No. 06-16698 (11th Cir.) (554 F.3d 958) (March 2, 2009) (Judge Charles R. Wilson)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Dorsey, No. 06-16698 (11th Cir.) (554 F.3d 958) (March 2, 2009) (Judge Charles R. Wilson) by In this sentence appeal, the defendant argued that the Government had refused to file a motion to reduce his sentence pursuant to U.S. Sentencing Guideline § 5K1.1 to punish him for exercising …

Arizona v. Gant, No. 07-542 (U.S. Supreme Court) (556 U.S. 332; 129 S.Ct. 1710) (April 21, 2009) (Justice Stevens)

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

Filed under: Punch And Jurists, Safety Threat to Police

Arizona v. Gant, No. 07-542 (U.S. Supreme Court) (556 U.S. 332; 129 S.Ct. 1710) (April 21, 2009) (Justice Stevens) by In an important Fourth Amendment decision, the Supreme Court held that the police need a warrant to search the vehicle of someone they have arrested if the person is locked …

Humphries v. County of Los Angeles, No. 05-56467 (9th Cir.) (554 F.3d 1170) (January 15, 2009) (Judge Jay S. Bybee)

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

Filed under: Punch And Jurists, Child Abuse/Abusers

Humphries v. County of Los Angeles, No. 05-56467 (9th Cir.) (554 F.3d 1170) (January 15, 2009) (Judge Jay S. Bybee) by In this case, Craig and Wendy Humphries were accused of abuse by a rebellious 15-year-old daughter. They were arrested and charged with felony torture against their daughter and several …

U.S. v. Paul, No. 08-30125 (9th Cir.) (561 F.3d 970) (April 2, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Different Judge

U.S. v. Paul, No. 08-30125 (9th Cir.) (561 F.3d 970) (April 2, 2009) (Per Curiam) by In an earlier, unpublished decision reported at U.S. v. Paul, 239 Fed. Appx. 353 (9th Cir. Aug. 17, 2007) (P&J, 07/16/07) (“Paul !”), a panel from the Ninth Circuit reversed a within-Guidelines sentence of …

U.S. v. Ayon-Robles, No. 07-0785-cr (2nd Cir.) (557 F.3d 110) (February 24, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Ayon-Robles, No. 07-0785-cr (2nd Cir.) (557 F.3d 110) (February 24, 2009) (Per Curiam) by Sentence is reversed and remanded where sentencing enhancement under the United States Sentencing Guidelines for a prior aggravated felony should not be applied, as neither of defendant's two felony convictions for simple drug possession …

Al Maqaleh v. Gates, No. 06-1669-cv (D.D.C.) (604 F.Supp.2d 205) (April 2, 2009) (Judge John D. Bates)

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

Filed under: Punch And Jurists, Site of Detention

Al Maqaleh v. Gates, No. 06-1669-cv (D.D.C.) (604 F.Supp.2d 205) (April 2, 2009) (Judge John D. Bates) by In an important ruling dealing with the Government’s ability to detain suspected terrorists in military prisons for extended periods without any court oversight, Judge Bates held in the instant case that at …