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Washington v. Marion County Prosecutor, No. 16-cv-02980-JMS-DML (S.D.Ind.) ( F.Supp.3d ) (August 18, 2017) (Judge Jane Magnus-Stinson)

Article • September 11, 2017 • from P&J September, 2017

Filed under: Due Process, Punch And Jurists

Washington v. Marion County Prosecutor, No. 16-cv-02980-JMS-DML (S.D.Ind.) ( F.Supp.3d ) (August 18, 2017) (Judge Jane Magnus-Stinson) by

Leonard v. Texas, No. 16-122 (U.S. Supreme Court) (580 U.S. ___; 137 S.Ct. 847) (March 6, 2017) (Per Curiam)

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

Filed under: Due Process, Punch And Jurists

Leonard v. Texas, No. 16-122 (U.S. Supreme Court) (580 U.S. ___; 137 S.Ct. 847) (March 6, 2017) (Per Curiam) by This is an unusual case for P&J to report on because the Court’s per curiam order has absolutely no precedential value. All that happened in this case from the Supreme …

U.S. v. Murillo, No. 15-4235 (4th Cir.) (826 F.3d 152) (June 14, 2016) (Judge Robert Bruce King)

Article • October 17, 2016 • from P&J October, 2016

Filed under: Due Process, Punch And Jurists

U.S. v. Murillo, No. 15-4235 (4th Cir.) (826 F.3d 152) (June 14, 2016) (Judge Robert Bruce King) by This is an interesting decision about the extra-territorial reach of American laws in general; and, more specifically, about the constitutionality of several Federal statutes that give special rights to various people who, …

Ibrahim v. Dept. of Homeland Sec., No. C 06-00545 WHA (N.D.Cal.) (62 F.Supp.3d 909) (January 14, 2014) (Judge William Haskell Alsup)

Article • August 3, 2015 • from P&J August, 2015

Filed under: Due Process, Punch And Jurists

Ibrahim v. Dept. of Homeland Sec., No. C 06-00545 WHA (N.D.Cal.) (62 F.Supp.3d 909) (January 14, 2014) (Judge William Haskell Alsup) by Over the years, we have periodically reported on the long, drawn-out, David-versus-Goliath battle of Rahinah Ibrahim against the U.S. Department of Homeland Security (DHS), as she sought to …

U.S. v. Juan, No. 11-10539 (9th Cir.) (704 F.3d 1137) (January 7, 2013) (Judge Milan D. Jr. Smith)

Article • January 18, 2013 • from P&J January, 2013

Filed under: Due Process, Punch And Jurists

U.S. v. Juan, No. 11-10539 (9th Cir.) (704 F.3d 1137) (January 7, 2013) (Judge Milan D. Jr. Smith) by It has long been clear that, if the Government threatens a defense witness with perjury, such intimidation is usually deemed to be a due process violation. (See, e.g., Webb v. Texas, …

U.S. v. Briggs, No. 12-2988-cr (2nd Cir.) (697 F.3d 98) (October 5, 2012) (Judge Guido Calabresi)

Article • December 1, 2012

Filed under: Due Process, Punch And Jurists

U.S. v. Briggs, No. 12-2988-cr (2nd Cir.) (697 F.3d 98) (October 5, 2012) (Judge Guido Calabresi) by In a due process challenge to pretrial detention brought by defendant facing substantive and conspiratorial drug crimes, the detention order is affirmed where: 1) under the totality of circumstances, the detention order does …

U.S. v. Karper, No. 1:11-CR-103 (TJM/RFT) (N.D.N.Y.) (847 F.Supp.2d 350) (August 10, 2011) (Judge Magistrate)

Article • September 17, 2012 • from P&J September, 2012

Filed under: Due Process, Punch And Jurists

U.S. v. Karper, No. 1:11-CR-103 (TJM/RFT) (N.D.N.Y.) (847 F.Supp.2d 350) (August 10, 2011) (Judge Magistrate) by In 2006, Congress enacted the Adam Walsh Child Protection and Safety Act of 2006 (the “Walsh Act”), which substantially revised many of the Federal laws relating to sex offense crimes and broadly redefined many …

U.S. v. Jackson, No. 09-1630 (6th Cir.) (635 F.3d 205) (March 24, 2011) (Judge Eugene E. Jr. Siler)

Article • May 2, 2011 • from P&J May, 2011

Filed under: Due Process, Punch And Jurists

U.S. v. Jackson, No. 09-1630 (6th Cir.) (635 F.3d 205) (March 24, 2011) (Judge Eugene E. Jr. Siler) by Here the Court held that while U.S.S.G. § 1B1.8 prohibits the use of proffer statements in determining the applicable guideline range, there “appears to be" no similar ban on other uses …

U.S. v. Berry, No. 08-35002 (9th Cir.) (624 F.3d 1031) (October 22, 2010) (Judge A. Wallace Tashima)

Article • January 10, 2011 • from P&J January, 2011

Filed under: Due Process, Punch And Jurists

U.S. v. Berry, No. 08-35002 (9th Cir.) (624 F.3d 1031) (October 22, 2010) (Judge A. Wallace Tashima) by This is an interesting decision which addresses a forensic testing technique long used by the FBI known as “compositional analysis of bullet lead” (which is sometimes referred to as “CABL” or “CBLA”). …

U.S. v. Crowell, No. 06-M-1095 (W.D.N.Y.) (2006 WL 3541736) (December 7, 2006) (Judge Magistrate)

Article • November 1, 2009 • from P&J November, 2006

Filed under: Due Process, Punch And Jurists

U.S. v. Crowell, No. 06-M-1095 (W.D.N.Y.) (2006 WL 3541736) (December 7, 2006) (Judge Magistrate) by In the 09/11/06 issue of P&J, we presented a brief analysis of some of the most controversial provisions contained in the little-debated, 83-page, election year law entitled “The Adam Walsh Child Protection and Safety Act …

U.S. v. Ray, No. 08-2795-cr (2nd Cir.) (578 F.3d 184) (August 27, 2009) (Judge Jose A. Cabranes)

Article • October 1, 2009 • from P&J October, 2009

Filed under: Due Process, Punch And Jurists

U.S. v. Ray, No. 08-2795-cr (2nd Cir.) (578 F.3d 184) (August 27, 2009) (Judge Jose A. Cabranes) by In an appeal from an order sentencing defendant, after a fifteen-year delay, to a one-day term of imprisonment and three years of supervised release with a special condition that she serve six …

U.S. v. Smedley, No. 4:09 CR 99 CAS (E.D.Mo.) (611 F.Supp.2d 971) (April 22, 2009) (Judge Magistrate)

Article • June 1, 2009 • from P&J June, 2009

Filed under: Due Process, Punch And Jurists

U.S. v. Smedley, No. 4:09 CR 99 CAS (E.D.Mo.) (611 F.Supp.2d 971) (April 22, 2009) (Judge Magistrate) by In this decision, Magistrate Judge Noce became the eighth Federal judge to hold that the mandatory conditions of release contained in 18 U.S.C. § 3142(c)(1)(B), a portion of the Adam Walsh Child …

U.S. v. Hassan, No. 05-6949-cr (2nd Cir.) (542 F.3d 968) (September 19, 2008) (Judge Rosemary S. Pooler)

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

Filed under: Due Process, Punch And Jurists

U.S. v. Hassan, No. 05-6949-cr (2nd Cir.) (542 F.3d 968) (September 19, 2008) (Judge Rosemary S. Pooler) by In a case regarding the import and distribution of khat plant, conviction on counts of money laundering are reversed, and convictions for conspiracy to launder money, conspiracy to import cathinone, and conspiracy …

U.S. v. Schroeder, No. 07-3773 (7th Cir.) (536 F.3d 746) (August 5, 2008) (Judge Richard D. Cudahy)

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

Filed under: Due Process, Punch And Jurists

U.S. v. Schroeder, No. 07-3773 (7th Cir.) (536 F.3d 746) (August 5, 2008) (Judge Richard D. Cudahy) by This is an interesting sentencing decision in which the defendant successfully challenged the Government’s calculation of the amount of tax losses properly attributable to him based on relevant conduct on the grounds …

U.S. v. Fisher, No. 06-1795 (3rd Cir.) (502 F.3d 293) (September 10, 2007) (Judge Thomas Michael Hardiman)

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

Filed under: Due Process, Punch And Jurists

U.S. v. Fisher, No. 06-1795 (3rd Cir.) (502 F.3d 293) (September 10, 2007) (Judge Thomas Michael Hardiman) by In U.S. v. Kikumura, 918 F.2d 1084 (3rd Cir. 1990), a landmark sentencing decision, the Third Circuit held that, while the Due Process Clause of the Fifth Amendment ordinarily requires a district …

Ferrara v. U.S., No. 05-1736 (1st Cir.) (456 F.3d 278) (August 10, 2006) (Judge Bruce M. Selya)

Article • August 1, 2006 • from P&J August, 2006

Filed under: Due Process, Punch And Jurists

Ferrara v. U.S., No. 05-1736 (1st Cir.) (456 F.3d 278) (August 10, 2006) (Judge Bruce M. Selya) by This is an interesting opinion which vacates the sentence of a prisoner essentially because the Government engaged in seriously egregious misconduct, including the manipulation of material witnesses, which led to a guilty …

Ferrara v. U.S., No. Civ. No. 00-11693-MLW (D.Mass.) (384 F.Supp.2d 384) (April 12, 2005) (Judge Mark L. Wolf)

Article • July 1, 2005 • from P&J July, 2005

Filed under: Due Process, Punch And Jurists

Ferrara v. U.S., No. Civ. No. 00-11693-MLW (D.Mass.) (384 F.Supp.2d 384) (April 12, 2005) (Judge Mark L. Wolf) by Petitioner inmate filed a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence of 22 years in prison following his pleading guilty to violating 18 U.S.C. …

Bell v. Wolfish, No. 77-1829 (U.S. Supreme Court) (441 U.S. 520; 99 S.Ct. 1881) (May 14, 1979) (Justice Rehnquist)

Article • October 10, 2004

Filed under: Due Process, Punch And Jurists

Bell v. Wolfish, No. 77-1829 (U.S. Supreme Court) (441 U.S. 520; 99 S.Ct. 1881) (May 14, 1979) (Justice Rehnquist) by This case involved a class action lawsuit which challenged the legality of conditions facing pretrial detainees in a New York City correctional facility. Petitioners claimed that double-bunking, restrictions on reading …

U.S. v. Kennedy, No. 02-4917 (4th Cir.) (372 F.3d 686) (June 24, 2004) (Judge J. Harvie III Wilkinson)

Article • August 1, 2004 • from P&J August, 2004

Filed under: Due Process, Punch And Jurists

U.S. v. Kennedy, No. 02-4917 (4th Cir.) (372 F.3d 686) (June 24, 2004) (Judge J. Harvie III Wilkinson) by This case shows some of the unheralded abuses of the Grand Jury process that at times appear to be so out of control; and the “helpless piety” of the courts in …

Fiore v. White, No. 98-942 (U.S. Supreme Court) (531 U.S. 225; 121 S.Ct. 712) (January 9, 2001) (Per Curiam)

Article • May 28, 2003

Filed under: Due Process, Punch And Jurists

Fiore v. White, No. 98-942 (U.S. Supreme Court) (531 U.S. 225; 121 S.Ct. 712) (January 9, 2001) (Per Curiam) by The petitioner in this case, William Fiore, was convicted of violating a Pennsylvania statute prohibiting the operation of a hazardous waste facility without a permit. After Fiore's conviction became final, …