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Article • March 12, 2018 • from P&J March, 2018
Ayestas v. Davis, No. 16-6795 (U.S. Supreme Court) (583 U.S. ___; 138 S.Ct. 1080) (March 21, 2018) (Justice Alito) by In a decision that clarifies the showing indigent prisoners must make to obtain funds needed for investigative services under a provision of the Criminal Justice Act (“CJA”) codified at 18 …
Article • December 26, 2016 • from P&J December, 2016
El-Shaddai v. Zamora, No. 13-56104 (9th Cir.) (833 F.3d 1036) (August 12, 2016) (Judge Milan D. Jr. Smith) by This is a case that reminds us of the prophetic words of Justice Brennan who once described the cruel and forgotten world of prisons with these words: “Prisoners are persons whom …
Article • September 3, 2012 • from P&J September, 2012
U.S. v. Castillo, No. 11-2792 (7th Cir.) (695 F.3d 672) (August 22, 2012) (Judge Richard A. Posner) by Any defense counsel who has ever sought to challenge a Government request for an above-Guidelines sentence knows that the task is not only daunting, it can be downright confusing - a fact …
Article • November 29, 2010 • from P&J November, 2010
Salahi v. Obama, No. 10-5087 (D.C. Cir.) (625 F.3d 745) (November 5, 2010) (Judge David S. Tatel) by Here the Court reversed the grant of habeas relief to a Guantanamo detainee held since 2002 on the charge that he was so connected to al-Qaida that he must have been “part …
Article • July 26, 2010 • from P&J July, 2010
Al-Adahi v. Obama, No. 09-5333 (D.C. Cir.) (613 F.3d 1101) (July 13, 2010) (Judge A. Raymond Randolph) by Here the Court reversed, as "manifestly incorrect," a habeas petition granted by Judge Kessler for a Guantanamo detainee and suggested a new and far-reaching habeas standard of "some evidence" for all the …
Article • May 31, 2010 • from P&J May, 2010
U.S. v. Marcus, No. 08-1341 (U.S. Supreme Court) (560 U.S. 258; 130 S.Ct. 2159) (May 24, 2010) (Justice Breyer) by Here the Court rejected the Second Circuit's interpretation of Rule 52(b) that it must recognize a plain error if there is “any possibility” that a jury convicted a defendant on …