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In Re County of Erie (Pritchard v. County of Erie), No. 07-5702-op (2nd Cir.) (546 F.3d 222) (October 14, 2008) (Judge Roger J. Miner)

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

Filed under: Punch And Jurists, Attorney/Client

In Re County of Erie (Pritchard v. County of Erie), No. 07-5702-op (2nd Cir.) (546 F.3d 222) (October 14, 2008) (Judge Roger J. Miner) by Following an order requiring the production of ten e-mail communications allegedly protected by the attorney-client privilege in a case involving a Fourth Amendment claim for …

U.S. v. Porter, No. 03-cr-0129 (CPS) (E.D.N.Y.) (2008 U.S. Dist. LEXIS 103985) (December 23, 2008) (Judge Charles P. Sifton)

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

Filed under: Punch And Jurists

U.S. v. Porter, No. 03-cr-0129 (CPS) (E.D.N.Y.) (2008 U.S. Dist. LEXIS 103985) (December 23, 2008) (Judge Charles P. Sifton) by Here the Court found that a defendant, who had been convicted of child pornography, was guilty of violating one of his conditions of supervised release by failing to participate “in …

U.S. v. Zedner, No. 07-0149-cr (2nd Cir.) (547 F.3d 466) (October 28, 2008) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Fugitives/Fugitive Disentitlement

U.S. v. Zedner, No. 07-0149-cr (2nd Cir.) (547 F.3d 466) (October 28, 2008) (Judge Amalya Lyle Kearse) by Appeal from a conviction for attempted bank fraud is dismissed with prejudice over claims of error that: 1) in December 2006, jurisdiction of defendant's case was in the present court rather than …

Jimenez v. Quarterman, No. 07-6984 (U.S. Supreme Court) (555 U.S. 113; 129 S.Ct. 681) (January 13, 2009) (Justice Thomas)

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

Filed under: Punch And Jurists

Jimenez v. Quarterman, No. 07-6984 (U.S. Supreme Court) (555 U.S. 113; 129 S.Ct. 681) (January 13, 2009) (Justice Thomas) by Here the Court hed that because Texas allows defendants to file untimely appeals of state convictions, the clock for the one-year deadline under the AEDPA should not start ticking until …

U.S. v. Hawkins, No. 07-3018-cr (2nd Cir.) (547 F.3d 66) (October 16, 2008) (Judge Chester J. Straub)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Hawkins, No. 07-3018-cr (2nd Cir.) (547 F.3d 66) (October 16, 2008) (Judge Chester J. Straub) by Judgment of acquittal notwithstanding the verdict for a cocaine-distribution conspiracy is reversed and remanded where there was sufficient evidence to support the jury's determination that the defendant not only had a buyer-seller …

Chambers v. U.S., No. 06-11206 (U.S. Supreme Court) (555 U.S. 122; 129 S.Ct. 687) (January 13, 2009) (Justice Breyer)

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

Filed under: Punch And Jurists

Chambers v. U.S., No. 06-11206 (U.S. Supreme Court) (555 U.S. 122; 129 S.Ct. 687) (January 13, 2009) (Justice Breyer) by In another extremely narrow ruling, the Supreme Court unanimously held that a conviction on the charge of "failure to report" to prison is not the kind of prior "violent felony" …

Waddington v. Sarausad, No. 07-772 (U.S. Supreme Court) (555 U.S. 179; 129 S.Ct. 823) (January 21, 2009) (Justice Thomas)

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

Filed under: Punch And Jurists

Waddington v. Sarausad, No. 07-772 (U.S. Supreme Court) (555 U.S. 179; 129 S.Ct. 823) (January 21, 2009) (Justice Thomas) by In this case, the Supreme Court, by a 6-3 vote, moved to further limit the authority of federal courts, in a habeas proceeding pursuant to 28 U.S.C. § 2254, to …

U.S. v. Matthews, No. 07-0699-cr (2nd Cir.) (545 F.3d 223) (October 7, 2008) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Matthews, No. 07-0699-cr (2nd Cir.) (545 F.3d 223) (October 7, 2008) (Per Curiam) by Conviction and sentence for conspiracy to commit bank robbery and bank robbery are affirmed where: 1) shifting the burden to the defendant under § 3559(c)(3)(A) was constitutional; 2) because defendant did not prove by …

U.S. v. Oberoi, No. 04-4545-cr (2nd Cir.) (547 F.3d 436) (October 23, 2008) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Oberoi, No. 04-4545-cr (2nd Cir.) (547 F.3d 436) (October 23, 2008) (Judge Dennis G. Jacobs) by Conviction for mail fraud and health care fraud is affirmed over claims of error that defendant was denied a speedy trial in violation of the Speedy Trial Act on the grounds that: …

U.S. v. Yeager, No. 06-20321 (5th Cir.) (521 F.3d 367) (March 17, 2008) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. Yeager, No. 06-20321 (5th Cir.) (521 F.3d 367) (March 17, 2008) (Judge Fortunato P. Benavides) by Defendants were tried on various counts for their actions while employed at a certain company. The jury acquitted defendants on some counts but hung on others, after which the government again indicted …

In re Terrrorist Bombings of U.S. Embassies In East Africa, No. 01-1535-cr (L) (2nd Cir.) (552 F.3d 93) (November 24, 2008) (Judge Jose A. Cabranes)