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Article • April 14, 2009
Mallory v. U.S., No. 521 (U.S. Supreme Court) (354 U.S. 449; 77 S.Ct. 1356) (June 24, 2057) (Justice Frankfurter) by In this case, a unanimous Court held that a confession given seven hours after an individual had been arrested for a federal crime could not be used if there had …
Article • September 1, 2008 • from P&J September, 2008
U.S. v. Davis, No. 05-3784 (6th Cir.) (537 F.3d 611) (August 12, 2008) (Judge Jeffrey S. Sutton) by Here, on remand from the Supreme Court, the Court held that the district court's second explanation for its sentence, namely a 14-year gap between the defendant's crimes and his second sentencing hearing, …
Article • August 1, 2005 • from P&J August, 2005
U.S. v. Bedonie, No. 04-4103 (10th Cir.) (413 F.3d 1126) (June 27, 2005) (Judge Monroe G. McKay) by Here the Court held that a district court does not have jurisdiction to re-open a restitution order, on its own motion, either pursuant to the Mandatory Victims Restitution Act (MVRA) or the …
Article • August 1, 2004 • from P&J August, 2004
A.C.L.U. v. Department of Defense, No. 04 Civ. 4151 (AKH) (S.D.N.Y.) (339 F.Supp.2d 501) (September 15, 2004) (Judge Alvin K. Hellerstein) by America’s treatment of large groups of detainees at various military bases and installations overseas continues to generate huge controversy. Last month, the American Bar Association criticized what it …
Article • October 1, 2001 • from P&J October, 2001
U.S. v. Gregory, No. CR. 99-00494-SOM (D.Hawai'I) (160 F.Supp.2d 1166) (August 3, 2001) (Judge Susan Oki Mollway) by Judge Mollway started her decision in this case by stating: “This case presents the unusual circumstance in which a defendant pleads guilty to the charges in an indictment, is sentenced to a …
Article • June 1, 2000 • from P&J June, 2000
U.S. v. Smithers, No. 98-1722 (6th Cir.) (212 F.3d 306) (May 8, 2000) (Judge Algenon L. Marbley) by In this case, the district court denied the defendant's motion to introduce expert testimony of the accuracy of eyewitness identification in part based on the defendant's alleged tardiness in seeking to introduce …