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Wilson v. Sellers, No. 16-6855 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1188) (April 17, 2018) (Justice Breyer)

Article • April 16, 2018 • from P&J April, 2018

Filed under: Standard of Review, Punch And Jurists

Wilson v. Sellers, No. 16-6855 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1188) (April 17, 2018) (Justice Breyer) by In 1997 a Georgia jury convicted the petitioner, Marion Wilson, of murder and related crimes. After a sentencing hearing, the jury sentenced Wilson to death. In 1999 the Georgia Supreme …

Graziano v. Pataki, No. 11-116-pr (2nd Cir.) (689 F.3d 110) (August 3, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Liberty Interests, Punch And Jurists

Graziano v. Pataki, No. 11-116-pr (2nd Cir.) (689 F.3d 110) (August 3, 2012) (Per Curiam) by In a class action suit against the Governor of New York and others, claiming that they have been denied parole as a result of an "unwritten policy" to deny parole to violent felony offenders, …

Parisi v. U.S., No. 06-1148-pr (2nd Cir.) (529 F.3d 134) (June 13, 2008) (Judge Peter W. Hall)

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

Filed under: Guilty Pleas, Punch And Jurists

Parisi v. U.S., No. 06-1148-pr (2nd Cir.) (529 F.3d 134) (June 13, 2008) (Judge Peter W. Hall) by Judgment denying habeas relief is affirmed where, despite the concern that stipulated "ends-of-justice" continuances may not be consistent with Zedner v. US 547 U.S. 489 (2006), defendant's attorney was not constitutionally ineffective …

Limone v. U.S., No. Civ. 02cv10890-NG (D.Mass.) (497 F.Supp.2d 143) (July 26, 2007) (Judge Nancy Gertner)

Article • July 1, 2007 • from P&J July, 2007

Filed under: Malicious Prosecution, Punch And Jurists

Limone v. U.S., No. Civ. 02cv10890-NG (D.Mass.) (497 F.Supp.2d 143) (July 26, 2007) (Judge Nancy Gertner) by In a scathing rebuke of the FBI, Judge Nancy Gertner ordered the Government to pay a record $101.7 million in damages to four men and their families for its role in wrongfully sending …

Castellano v. Fragozo, No. 00-50591 (5th Cir.) (352 F.3d 939) (December 5, 2003) (Judge Patrick E. Higginbotham)

Article • November 1, 2003 • from P&J November, 2003

Filed under: Malicious Prosecution, Punch And Jurists

Castellano v. Fragozo, No. 00-50591 (5th Cir.) (352 F.3d 939) (December 5, 2003) (Judge Patrick E. Higginbotham) by [Case Summary Below is Reprinted From the Texas Lawyer, December 18, 2003] 5th Circuit: Malicious Prosecution Not a Constitutional Violation John Council Texas Lawyer 12-18-2003 In an important civil rights decision, the …

Kentucky Dep't of Corrections v. Thompson, No. 87-1815 (U.S. Supreme Court) (490 U.S. 454; 109 S.Ct. 1904) (May 15, 1989) (Justice Blackmun)

Article • August 8, 2002

Filed under: Liberty Interests, Punch And Jurists

Kentucky Dep't of Corrections v. Thompson, No. 87-1815 (U.S. Supreme Court) (490 U.S. 454; 109 S.Ct. 1904) (May 15, 1989) (Justice Blackmun) by Case held that to articulate a claim under § 1983 alleging a violation of a liberty interest without procedural due process, an inmate must first establish that …

Greenholtz v. Inmates of Neb. Penal & Correctional Complex, No. 78-201 (U.S. Supreme Court) (442 U.S. 1; 99 S.Ct. 2100) (May 29, 1979) (Justice Burger)

Article • June 18, 2000

Filed under: Liberty Interests, Punch And Jurists

Greenholtz v. Inmates of Neb. Penal & Correctional Complex, No. 78-201 (U.S. Supreme Court) (442 U.S. 1; 99 S.Ct. 2100) (May 29, 1979) (Justice Burger) by In this case the Supreme Court granted certiorari to to decide whether the Due Process Clause of the Fourteenth Amendment applies to discretionary parole-release …

Conn v. Gabbert, No. 97-1802 (U.S. Supreme Court) (526 U.S. 286; 119 S.Ct. 1292) (April 5, 1999) (Justice Rehnquist)

Article • March 4, 2000 • from P&J March, 1999

Filed under: Liberty Interests, Punch And Jurists

Conn v. Gabbert, No. 97-1802 (U.S. Supreme Court) (526 U.S. 286; 119 S.Ct. 1292) (April 5, 1999) (Justice Rehnquist) by This civil rights case for damages involved a claim by a criminal defense attorney against two prosecutors who executed a search warrant of his attorneys' papers at the same time …

Froehlich v. State of Wis., Dept. of Corrections, No. 99-1102 (7th Cir.) (196 F.3d 800) (November 10, 1999) (Judge Richard A. Posner)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Liberty Interests, Punch And Jurists

Froehlich v. State of Wis., Dept. of Corrections, No. 99-1102 (7th Cir.) (196 F.3d 800) (November 10, 1999) (Judge Richard A. Posner) by Here the Court rejected a series of constitutional challeges by the minor children of their incarcerated mother that her out-of-state prison transfer violated their rights to visit …

Hawkins v. Freeman, No. 96-7539 (4th Cir.) (195 F.3d 732) (November 9, 1999) (Judge James Dickson Jr. Phillips)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Liberty Interests, Punch And Jurists

Hawkins v. Freeman, No. 96-7539 (4th Cir.) (195 F.3d 732) (November 9, 1999) (Judge James Dickson Jr. Phillips) by Here, over the dissent of Judge Murnaghan, the en banc Court reversed a panel's earlier decision granting habeas relief to the petitioner after he was ordered to be reincarcerated following twenty …

Hawkins v. Freeman, No. 96-7539 (4th Cir.) (166 F.3d 267) (January 20, 1999) (Judge Francis D. Jr. Murnaghan)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Liberty Interests, Punch And Jurists

Hawkins v. Freeman, No. 96-7539 (4th Cir.) (166 F.3d 267) (January 20, 1999) (Judge Francis D. Jr. Murnaghan) by Here the Court held that a parolee's interest in his continued liberty "crystalized" during his two years of successful parole, thus requiring strict scrutiny of the state's actions and defeating the …

Greaves v. State of New York, No. 95 Civ. 9725 (SAS) (S.D.N.Y.) (951 F.Supp. 33) (November 13, 1996) (Judge Shira A. Scheindlin)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Liberty Interests, Punch And Jurists

Greaves v. State of New York, No. 95 Civ. 9725 (SAS) (S.D.N.Y.) (951 F.Supp. 33) (November 13, 1996) (Judge Shira A. Scheindlin) by Here the Court ruled that a prisoner had a "liberty interest" in a prison work-release program, such that it could not be denied to him on the …