Punch and Jurists

Penry v. Lynaugh, No. 87-6177 (U.S. Supreme Court) (492 U.S. 302; 109 S.Ct. 2934) (June 26, 1989) (Justice O'Connor) by In this case the Court established what has come to be known as the "Penry" claim, under which the Court held that it was error for the court to refuse …

O.K. v. Bush, No. CIV.A.04-CV-01136(JBD) (D.D.C.) (344 F.Supp.2d 44) (October 26, 2004) (Judge John D. Bates) by There are at least three good reasons to read this decision. First, even though Judge Bates was appointed to the bench by President Bush, and even though, as his decision reflects, he is …

Calhoun v. DeTella, No. 98-2894 (7th Cir.) (319 F.3d 936) (February 13, 2003) (Judge Ilana Diamond Rovner) by Here the Court held that, although 42 U.S.C. § 1997e(e) bars Federal civil actions by a prisoner for mental and emotional injuries suffered while in custody without a showing of some prior …

U.S. v. Walter, No. 00-10384 (9th Cir.) (256 F.3d 891) (July 18, 2001) (Judge Donald P. Lay) by The defendant in this case believed that a friend, one Ronald Merrit, stole several hundred dollars from him. To get revenge, he sent a letter addressed to President Clinton signed with Merrit’s …

U.S. v. Artim, No. 96-202 (D.N.J.) (944 F.Supp. 363) (November 1, 1996) (Judge Stephen M. Orlofsky) by This decision is noted primarily because it contains a lengthy listing of cases in which downward departures were granted on the basis of extraordinary mental and emotional conditions under U.S.S.G. § 5H1.3 and …

U.S. v. Pullen, No. 95-3790 (7th Cir.) (89 F.3d 368) (July 10, 1996) (Judge Richard A. Posner) by This Guidelines case explores the issue of whether the defendant, who was charged with armed robbery of a bank, was entitled to a downward departure under U.S.S.G. §§ 5H1.3 (Mental and Emotional …

U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard) by One of the parables that is constantly preached is that a trial judge has a "wide range of discretion" when it comes to awarding downward departures at sentencing, because he is in …

U.S. v. Roe, No. 91-30085 (9th Cir.) (976 F.2d 1216) (October 6, 1992) (Judge David R. Thompson) by The Ninth Circuit held that district court "clearly erred in finding that the tragic circumstances of [defendant's] abusive upbringing were not extraordinary," where the defendant "lived with her drug-addicted mother and her …