Punch and Jurists

Stolt-Nielson, S.A. v. U.S., No. 05-1480 (3rd Cir.) (442 F.3d 177) (March 23, 2006) (Judge Thomas L. Ambro) by This Third Circuit decision addresses a very interesting separation of powers issue: do federal courts have the authority to enjoin the federal government from indicting a defendant? Here, the district court …

Younger v. Harris, No. 2 (U.S. Supreme Court) (401 U.S. 37; 91 S.Ct. 746) (February 23, 1971) (Justice Black) by Case established principle that Federal courts cannot enjoin ongoing state criminal proceedings unless extraordinary circumstances are present. The Court also prohibited Federal courts from interfering in pending state civil cases …

Richardson v. Reno, No. 98-4230 (11th Cir.) (175 F.3d 898) (May 4, 1999) (Per Curiam) by Citing Reno v. American-Arab Anti-Discrimination Committee, 142 L.Ed.2d 940 (1999), the Court held that it was without authority to withdraw its previous mandate in this case and reconsider issues under 8 USC § 1252(b)(9).

Taylor v. Reno, No. 97-36198 (9th Cir.) (164 F.3d 440) (December 31, 1998) (Judge David R. Thompson) by Case held that release of defendant on bail pending sentencing relinquished primary federal jurisdiction, so that state assumed promary jurisdiction when it then arrested defendant on state charge. The Court concluded as …

U.S. v. Desimone, No. 96-1023 (2nd Cir.) (140 F.3d 457) (April 13, 1998) (Judge Ralph K. Jr. Winter) by Case held that prior decision, issued by two judges after a third judge had passed away, was valid even though one remaining judge on the panel was not a member of …

U.S. v. Rivera, No. 96-2188 (1st Cir.) (131 F.3d 222) (December 2, 1997) (Judge Frank M. Coffin) by This case is noted because it involves an attempt by the Government to expand its realm of already broad criminal statutes. Here, it seized upon on a little-known statute, originally enacted in …

Barry v. Bergen County Probation Office, No. 96-5577 (3rd Cir.) (128 F.3d 152) (October 22, 1997) (Judge Robert E. Cowen) by Petitioner under obligation to perform community service qualifies for the "in custody" jurisdictional requirement for habeas corpus actions/. One interesting holding in this case was that, for purposes of …

Thompson v. Calderon, No. 95-99014 (9th Cir.) (120 F.3d 1045) (August 3, 1997) (Judge Betty Binns Fletcher) by Dissent of Judge Kozinski Not for Publication UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT * * * * * * * * * * * * * * * * …