Search | Punch and Jurists

Dahda v. U.S., No. 17-43 (U.S. Supreme Court) (582 U.S. ___; 138 S.Ct. 1491) (May 14, 2018) (Justice Breyer)

Article • May 7, 2018 • from P&J May, 2018

Filed under: Limitations, Punch And Jurists

Dahda v. U.S., No. 17-43 (U.S. Supreme Court) (582 U.S. ___; 138 S.Ct. 1491) (May 14, 2018) (Justice Breyer) by Here a unanimous Court declined to suppress a wiretap even though the district court issued a wiretap order that exceeded its powers under 18 U.S.C. § 2518(3) because none of …

Watson v. U.S., No. 16-655(L) (2nd Cir.) (865 F.3d 123) (July 31, 2017) (Judge Dennis G. Jacobs)

Article • December 1, 2017 • from P&J July, 2017

Filed under: Damages, Punch And Jurists

Watson v. U.S., No. 16-655(L) (2nd Cir.) (865 F.3d 123) (July 31, 2017) (Judge Dennis G. Jacobs) by This wrongful-detention immigration case presents a striking and disturbing illustration of the critical need for an overhaul of the patchwork of U.S. immigration laws and their uneven enforcement that leave even the …

Porter v. Clarke, No. 16-7044 (4th Cir.) (852 F.3d 358) (March 24, 2017) (Judge James A. Jr. Wynn)

Article • October 16, 2017 • from P&J October, 2017

Filed under: Mootness, Punch And Jurists

Porter v. Clarke, No. 16-7044 (4th Cir.) (852 F.3d 358) (March 24, 2017) (Judge James A. Jr. Wynn) by This is an interesting decision in which the Fourth Circuit vacated a district court ruling that dismissed a Bivens action against prison officials over the conditions of confinement of death row …

Ziglar v. Abbasi, No. 15-1358 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1843) (June 19, 2017) (Justice Kennedy)

Article • June 26, 2017 • from P&J June, 2017

Filed under: Limitations, Punch And Jurists

Ziglar v. Abbasi, No. 15-1358 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1843) (June 19, 2017) (Justice Kennedy) by In the immediate aftermath of the September 11, 2001 terrorist attacks in this country, the Federal government took into custody hundreds of “illegal aliens” and held them without bail pending …

U.S. v. Mumphrey, No. 14-cr-00643-EMC-1 (N.D.Cal.) (193 F.Supp.3d 1040) (June 30, 2016) (Judge Edward M. Chen)

Article • March 13, 2017 • from P&J March, 2017

Filed under: Discovery, Punch And Jurists

U.S. v. Mumphrey, No. 14-cr-00643-EMC-1 (N.D.Cal.) (193 F.Supp.3d 1040) (June 30, 2016) (Judge Edward M. Chen) by This is an interesting case that arose out of the arrest and prosecution of 37 individuals, all of whom are African American, who were targeted under a San Francisco Police Department (“SFPD”) program …

Watson v. U.S., No. 14-CV-6459 (E.D.N.Y.) (179 F.Supp.3d 251) (February 25, 2016) (Judge Jack B. Weinstein)

Article • January 23, 2017 • from P&J January, 2017

Filed under: Damages, Punch And Jurists

Watson v. U.S., No. 14-CV-6459 (E.D.N.Y.) (179 F.Supp.3d 251) (February 25, 2016) (Judge Jack B. Weinstein) by CASE SUMMARY OVERVIEW: HOLDINGS: [1]-After a bench trial under the Federal Tort Claims Act, the government was found liable to plaintiff for falsely arresting him, and for falsely imprisoning him for 27 days …

Bahlul v. U.S., No. 11-1324 (D.C. Cir.) (767 F.3d 1) (July 14, 2014) (Judge Karen LeCraft Henderson)

Article • July 28, 2014 • from P&J July, 2014

Filed under: Retroactivity, Punch And Jurists

Bahlul v. U.S., No. 11-1324 (D.C. Cir.) (767 F.3d 1) (July 14, 2014) (Judge Karen LeCraft Henderson) by In a long-awaited decision about the authority of military commissions under the Military Commissions Act of 2006 (“MCA”), Pub. L. No. 109-336, 120 Stat. 2600, the D.C. Circuit, sitting en banc, vacated …

U.S. v. Nouri, No. 09-3627-cr(L) (2nd Cir.) (711 F.3d 129) (March 4, 2013) (Judge Pierre N. Leval)

Article • December 1, 2013

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Nouri, No. 09-3627-cr(L) (2nd Cir.) (711 F.3d 129) (March 4, 2013) (Judge Pierre N. Leval) by Convictions of securities fraud and related charges are affirmed, where: 1) the honest-services wire fraud jury instructions incorrectly stated the law because it did not require the jury to find that the …

Clapper v. Amnesty International USA, No. 11-1025 (U.S. Supreme Court) (568 U.S. 398; 133 S.Ct. 1138) (February 26, 2013) (Justice Alito)

Article • March 4, 2013 • from P&J March, 2013

Filed under: Standing, Punch And Jurists

Clapper v. Amnesty International USA, No. 11-1025 (U.S. Supreme Court) (568 U.S. 398; 133 S.Ct. 1138) (February 26, 2013) (Justice Alito) by In the wake of 9/11, the three branches of our Federal Government - the Executive, the Legislative and the Judicial - have alternately combined to authorize and approve …

Corby v. Artus, No. 11-1650-pr (2nd Cir.) (699 F.3d 159) (October 10, 2012) (Judge John M. Jr. Walker)

Article • December 1, 2012

Filed under: Limitations, Punch And Jurists

Corby v. Artus, No. 11-1650-pr (2nd Cir.) (699 F.3d 159) (October 10, 2012) (Judge John M. Jr. Walker) by In appeal from judgment granting petitioner a writ of habeas corpus, judgment is reversed, where petitioner's Confrontation Clause rights were not violated by the lower court's decision to bar petitioner from …

Hamdan v, U.S., No. 11-1257 (D.C. Cir.) (696 F.3d 1238) (October 16, 2012) (Judge Brett M. Kavanaugh)

Article • October 29, 2012 • from P&J October, 2012

Filed under: Retroactivity, Punch And Jurists

Hamdan v, U.S., No. 11-1257 (D.C. Cir.) (696 F.3d 1238) (October 16, 2012) (Judge Brett M. Kavanaugh) by In a major setback for the military tribunals at Guantanamo Bay, the D.C. Circuit has thrown out the terrorism conviction of a former high-profile detainee, Salim Hamdan, a Yemeni who served as …

Dorsey v. U.S., No. 11-5683 (U.S. Supreme Court) (567 U.S. 260; 132 S.Ct. 2321) (June 21, 2012) (Justice Breyer)

Article • June 25, 2012 • from P&J June, 2012

Filed under: Retroactivity, Punch And Jurists

Dorsey v. U.S., No. 11-5683 (U.S. Supreme Court) (567 U.S. 260; 132 S.Ct. 2321) (June 21, 2012) (Justice Breyer) by In 2010, after some three decades of debate and controversy over the inherent unfairness of the Federal crack cocaine sentencing laws, Congress finally enacted the Fair Sentencing Act of 2010 …

Jewel v. National Security Agency, No. 10-15616 (9th Cir.) (673 F.3d 902) (December 29, 2011) (Judge M. Margaret McKeown)

Article • January 23, 2012 • from P&J January, 2012

Filed under: Standing, Punch And Jurists

Jewel v. National Security Agency, No. 10-15616 (9th Cir.) (673 F.3d 902) (December 29, 2011) (Judge M. Margaret McKeown) by In Re NSA Telecom. Records Litig., 671 F.3d 881 (9th Cir. Dec. 29, 2011) (Judge Margaret McKeown) In Re NSA Telecom. Records Litig., 669 F.3d 928 (9th Cir. Dec. 29, …

I.N.S. v. St. Cyr, No. 00-767 (U.S. Supreme Court) (533 U.S. 289; 121 S.Ct. 2271) (June 25, 2001) (Justice Stevens)

Article • December 21, 2011 • from P&J June, 2001

Filed under: Retroactivity, Punch And Jurists

I.N.S. v. St. Cyr, No. 00-767 (U.S. Supreme Court) (533 U.S. 289; 121 S.Ct. 2271) (June 25, 2001) (Justice Stevens) by Calcano-Martinez v. I.N.S., 533 U.S. 348 (2001) (Justice Stevens) I.N.S. v. St. Cyr, 533 U.S. 289 (2001) (Justice Stevens) In this pair of decisions, the Supreme Court held that …

U.S. v. Kottwitz, No. 08-13740 (11th Cir.) (627 F.3d 1383) (December 22, 2010) (Per Curiam)

Article • December 1, 2011

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Kottwitz, No. 08-13740 (11th Cir.) (627 F.3d 1383) (December 22, 2010) (Per Curiam) by Following their convictions for various tax-related offenses, arising out of their failure to report as income the numerous personal expenditures that corporation made on their behalf, the defendants The Court of Appeals for the …

In Re Special Proceedings, No. 09-0198 (EGS) (D.D.C.) (825 F.Supp.2d 203) (November 21, 2011) (Judge Emmet G. Sullivan)

Article • November 28, 2011 • from P&J November, 2011

Filed under: Sanctions, Punch And Jurists

In Re Special Proceedings, No. 09-0198 (EGS) (D.D.C.) (825 F.Supp.2d 203) (November 21, 2011) (Judge Emmet G. Sullivan) by Here the Court reported that special counsel, appointed by the Court to investigate the prosecutorial misconduct that “permeated” the prosecution of former Senator Stevens of Alaska, declined to recommend any criminal …

Amnesty Intern. USA v. Clapper, No. 09-4112-cv (2nd Cir.) (667 F.3d 163) (September 21, 2011) (Per Curiam)

Article • October 3, 2011 • from P&J October, 2011

Filed under: Standing, Punch And Jurists

Amnesty Intern. USA v. Clapper, No. 09-4112-cv (2nd Cir.) (667 F.3d 163) (September 21, 2011) (Per Curiam) by By almost any standards, it has become virtually impossible to get a Federal court, in the aftermath of 9/11, even to consider a complaint that the Government’s many, secret eavesdropping programs violate …

Johnson v. Manitowoc County, No. 10-2409 (7th Cir.) (635 F.3d 331) (March 10, 2011) (Judge Terrence T. Evans)

Article • May 30, 2011 • from P&J May, 2011

Filed under: Damages, Punch And Jurists

Johnson v. Manitowoc County, No. 10-2409 (7th Cir.) (635 F.3d 331) (March 10, 2011) (Judge Terrence T. Evans) by Here the Court held that an innocent landlord, whose premises were systematically ripped apart and damaged by the police using a jackhammer during a search for evidence about a tenant, is …

Cullen v. Pinholster, No. 09-1088 (U.S. Supreme Court) (563 U.S. 170; 131 S.Ct. 1388) (April 4, 2011) (Justice Thomas)

Article • April 18, 2011 • from P&J April, 2011

Filed under: Limitations, Punch And Jurists

Cullen v. Pinholster, No. 09-1088 (U.S. Supreme Court) (563 U.S. 170; 131 S.Ct. 1388) (April 4, 2011) (Justice Thomas) by In this decision, a sharply divided Supreme Court continued its assault on the post-AEDPA remnants of the once mighty powers of the Federal courts to grant habeas review of state …

Amnesty Intern. USA v. Clapper, No. 09-4112-cv (2nd Cir.) (638 F.3d 118) (March 21, 2011) (Judge Gerard E. Lynch)

Article • April 4, 2011 • from P&J April, 2011

Filed under: Standing, Punch And Jurists

Amnesty Intern. USA v. Clapper, No. 09-4112-cv (2nd Cir.) (638 F.3d 118) (March 21, 2011) (Judge Gerard E. Lynch) by In a facial challenge by attorneys, journalists, and labor, legal, media, and human rights organizations to the constitutionality of Section 702 of the Foreign Intelligence Surveillance Act of 1978, dismissal …