Search | Punch and Jurists

Doe v. Mukasey, No. 07-4943-cv (2nd Cir.) (549 F.3d 861) (December 15, 2008) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, National Security Letters

Doe v. Mukasey, No. 07-4943-cv (2nd Cir.) (549 F.3d 861) (December 15, 2008) (Judge Jon O. Newman) by In litigation concerning First Amendment challenges to the constitutionality of statutes governing the issuance and judicial review of National Security Letters (NSLs) which request records from providers of wire or electronic communication …

U.S. v. Morena, No. 07-1297 (3rd Cir.) (547 F.3d 191) (November 19, 2008) (Judge Ruggero J. Aldisert)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Morena, No. 07-1297 (3rd Cir.) (547 F.3d 191) (November 19, 2008) (Judge Ruggero J. Aldisert) by William Morena appealed from a jury verdict that found him guilty of being a felon in possession of a firearm and possession of an unregistered sawed-off shotgun with a barrel of less …

U.S. v. Kone, No. 08 Cr. 557 (SAS) (S.D.N.Y.) (591 F.Supp.2d 593) (November 5, 2008) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Search "Orders" under the All Writs Act

U.S. v. Kone, No. 08 Cr. 557 (SAS) (S.D.N.Y.) (591 F.Supp.2d 593) (November 5, 2008) (Judge Shira A. Scheindlin) by Here Judge Scheindlin issued an important ruling curtailing the use of Federal probation officers as surrogates for Federal law enforcement agents in criminal investigations; and she rejected as invalid substitute …

Boim v. Holy Land Foundation for Relief and Dev., No. 05-1815 (7th Cir.) (549 F.3d 685) (December 3, 2008) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists

Boim v. Holy Land Foundation for Relief and Dev., No. 05-1815 (7th Cir.) (549 F.3d 685) (December 3, 2008) (Judge Richard A. Posner) by In this lengthy, en banc decision, the Seventh Circuit essentially reinstated a $156 million judgment against a number of Palestinian charitable organizations in the United States …

U.S. v. Miller, No. 06-45 (W.D.Mich.) (588 F.Supp.2d 789) (November 6, 2008) (Judge David M. Lawson)

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

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Miller, No. 06-45 (W.D.Mich.) (588 F.Supp.2d 789) (November 6, 2008) (Judge David M. Lawson) by This decision contains an excellent survey of the current state of the law on the ability of the Government to garnish pension plan distributions of a defendant in order to enforce his or …

U.S. v. Royer, No. 06-4081-cr (2nd Cir.) (549 F.3d 886) (December 17, 2008) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Royer, No. 06-4081-cr (2nd Cir.) (549 F.3d 886) (December 17, 2008) (Judge Jed S. Rakoff) by In a case where racketeering conspiracists ran a subscription website recommending stock short-sales on the basis of misappropriated information: 1) venue was proper where seven site subscribers resided in the Eastern District …

Associated Press v. U.S. Department of Justice, No. 07-1384-cv (2nd Cir.) (549 F.3d 62) (December 1, 2008) (Per Curiam)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Associated Press v. U.S. Department of Justice, No. 07-1384-cv (2nd Cir.) (549 F.3d 62) (December 1, 2008) (Per Curiam) by In a matter brought by Associated Press for denial of request for any petitions seeking to reduce a twenty-two year prison sentence of John Walker Lindh, convicted of aiding the …

U.S. v. Grober, No. 06-CR-880 (KSH) (D.N.J.) (595 F.Supp.2d 382) (December 22, 2008) (Judge Katharine S. Hayden)

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

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

U.S. v. Grober, No. 06-CR-880 (KSH) (D.N.J.) (595 F.Supp.2d 382) (December 22, 2008) (Judge Katharine S. Hayden) by Acting on a tip from AOL that child pornography was attached to e-mail exchanges involving David Grober's account David Grober , a team of Gestapo-like agents from the Passaic County Sheriff's Office …

U.S. v. Hayes, No. 07-608 (U.S. Supreme Court) (555 U.S. 415; 129 S.Ct. 1079) (February 24, 2009) (Justice Ginsburg)

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

Filed under: Punch And Jurists, Misdemeanor Crime of Domestic Violence

U.S. v. Hayes, No. 07-608 (U.S. Supreme Court) (555 U.S. 415; 129 S.Ct. 1079) (February 24, 2009) (Justice Ginsburg) by In 1996, Congress amended the Federal Gun Control Act (“FGCA”) by enacting 18 U.S.C. § 922(g)(9), which expanded the list of persons prohibited from possessing firearms to include persons convicted …

Vermont v. Brillon, No. 08-88 (U.S. Supreme Court) (556 U.S. 81; 129 S.Ct. 1283) (March 9, 2009) (Justice Ginsburg)

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

Filed under: Punch And Jurists, State Actors

Vermont v. Brillon, No. 08-88 (U.S. Supreme Court) (556 U.S. 81; 129 S.Ct. 1283) (March 9, 2009) (Justice Ginsburg) by The issue before the Court in this case was whether continuances and delays caused solely by an indigent defendant’s public defenders can give rise to a speedy trial right violation, …

Brinson v. Walker, No. 06-0618-pr (2nd Cir.) (547 F.3d 387) (November 13, 2008) (Judge Pierre N. Leval)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Confrontation Clause/Rights

Brinson v. Walker, No. 06-0618-pr (2nd Cir.) (547 F.3d 387) (November 13, 2008) (Judge Pierre N. Leval) by In a conviction for robbery and unlawful possession of a weapon, grant of writ of habeas corpus is affirmed where: 1) Appellate Division's ruling that there was no right of defendant to …

U.S. v. Al-Moayad, No. 05-4186-cr(L) (2nd Cir.) (545 F.3d 139) (October 2, 2008) (Judge Barrington D. Jr. Parker)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Material Support to Terrorism

U.S. v. Al-Moayad, No. 05-4186-cr(L) (2nd Cir.) (545 F.3d 139) (October 2, 2008) (Judge Barrington D. Jr. Parker) by Conviction for conspiring to provide and attempting to provide material support to designated terrorist organizations, and providing material support to a terrorist organization for one co-defendant, is vacated and remanded where …

Cone v. Bell, No. 99-5279 (6th Cir.) (482 F.3d 743) (June 19, 2007) (Judge James L. Ryan)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists

Cone v. Bell, No. 99-5279 (6th Cir.) (482 F.3d 743) (June 19, 2007) (Judge James L. Ryan) by

Pearson v. Callahan, No. 07-751 (U.S. Supreme Court) (555 U.S. 223; 129 S.Ct. 808) (January 21, 2009) (Justice Alito)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Pearson v. Callahan, No. 07-751 (U.S. Supreme Court) (555 U.S. 223; 129 S.Ct. 808) (January 21, 2009) (Justice Alito) by Here a uninamous Court shifted the standard for determining whether police officers are entitled to qualified immunity for 4th Amendment violations by reversing precedent and discarding the rigid two-step process …

Spears v. U.S., No. 08-5721 (U.S. Supreme Court) (555 U.S. 261; 129 S.Ct. 840) (January 21, 2009) (Per Curiam)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Post Gall/Kimbrough

Spears v. U.S., No. 08-5721 (U.S. Supreme Court) (555 U.S. 261; 129 S.Ct. 840) (January 21, 2009) (Per Curiam) by In the aftermath of the Supreme Court’s landmark decision in U.S. v. Booker, 543 U.S. 220 (2005) (which held that the Federal Sentencing Guidelines were advisory only), few Circuits have …

Smith v. City of Chicago, No. 07-1599 (7th Cir.) (524 F.3d 834) (May 2, 2008) (Judge Terrence T. Evans)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Notice Requirements

Smith v. City of Chicago, No. 07-1599 (7th Cir.) (524 F.3d 834) (May 2, 2008) (Judge Terrence T. Evans) by The Chicago Police Department, acting under the Illinois Drug Asset Forfeiture Procedure Act (DAFPA) seized property belonging to the plaintiffs. The DAFPA permits the warrantless seizure of personal property involved …

Arizona v. Johnson, No. 07-1122 (U.S. Supreme Court) (555 U.S. 323; 129 S.Ct. 781) (January 26, 2009) (Justice Ginsburg)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, No Suspicion of a Crime

Arizona v. Johnson, No. 07-1122 (U.S. Supreme Court) (555 U.S. 323; 129 S.Ct. 781) (January 26, 2009) (Justice Ginsburg) by The issue before the Court in this case was whether, in the context of a vehicular stop for a minor traffic infraction, an officer may conduct a pat-down search of …

Oregon v. Ice, No. 07-901 (U.S. Supreme Court) (555 U.S. 160; 129 S.Ct. 711) (January 14, 2009) (Justice Ginsburg)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists

Oregon v. Ice, No. 07-901 (U.S. Supreme Court) (555 U.S. 160; 129 S.Ct. 711) (January 14, 2009) (Justice Ginsburg) by The issue before the Court in this case was whether the Sixth Amendment, as construed in Apprendi v. New Jersey, 530 U.S. 466 (2000), and Blakely v. Washington, 542 U.S. …

U.S. v. Rivera, No. 06-4946-cr (2nd Cir.) (546 F.3d 245) (October 15, 2008) (Judge Dennis G. Jacobs)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists

U.S. v. Rivera, No. 06-4946-cr (2nd Cir.) (546 F.3d 245) (October 15, 2008) (Judge Dennis G. Jacobs) by Conviction and sentence for five counts involving the sexual abuse of children are affirmed over claims of error that: 1) certain photos of one of the minor victims were not "lascivious" within …

Herring v. U.S., No. 07-513 (U.S. Supreme Court) (555 U.S. 135; 129 S.Ct. 695) (January 14, 2009) (Justice (John G.) Roberts)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Police Negligence

Herring v. U.S., No. 07-513 (U.S. Supreme Court) (555 U.S. 135; 129 S.Ct. 695) (January 14, 2009) (Justice (John G.) Roberts) by Here divided Court carved out another exception to the exclusionary rule holding that evidence of a crime does not have to be excluded from a case if the …