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Does v. Snyder, No. 15-1536 (6th Cir.) (834 F.3d 696) (August 25, 2017) (Judge Alice M. Batchelder)

Article • September 5, 2016 • from P&J September, 2016

Filed under: Punch And Jurists, Punishment

Does v. Snyder, No. 15-1536 (6th Cir.) (834 F.3d 696) (August 25, 2017) (Judge Alice M. Batchelder) by The opening paragraph of Judge Batchelder’s decision in this case fully explains the issue before the Court: “Like many states, Michigan has amended its Sex Offender Registration Act (SORA) on a number …

Prude v. Clarke, No. 11-2811 (7th Cir.) (675 F.3d 732) (March 27, 2012) (Judge Richard A. Posner)

Article • May 28, 2012 • from P&J May, 2012

Filed under: Punch And Jurists, Nutraloaf Diet

Prude v. Clarke, No. 11-2811 (7th Cir.) (675 F.3d 732) (March 27, 2012) (Judge Richard A. Posner) by This case is noted for its enlightened discussion of a barbaric practice that is apparently commonplace in a lot of state prisons and local jails - namely feeding “nutraloaf” (also spelled “nutriloaf”) …

Libretti v. U.S., No. 94-7427 (U.S. Supreme Court) (516 U.S. 29; 116 S.Ct. 356) (November 7, 1995) (Justice O'Connor)

Article • December 19, 2005

Filed under: Punch And Jurists, Punishment

Libretti v. U.S., No. 94-7427 (U.S. Supreme Court) (516 U.S. 29; 116 S.Ct. 356) (November 7, 1995) (Justice O'Connor) by The defendant in this case was charged with numerous counts including a criminal forfeiture count pursuant to 21 U.S.C. § 853. He entered a plea agreement and plead guilty to …

U.S. v. Gementera, No. 03-10103 (9th Cir.) (379 F.3d 596) (August 9, 2004) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Punishment

U.S. v. Gementera, No. 03-10103 (9th Cir.) (379 F.3d 596) (August 9, 2004) (Judge Diarmuid F. O'Scannlain) by Here a divided panel upheld a special condition of supervised release that imposed a humiliating punishment on a convicted felon - namely that he wear a sandwich board announcing that he stole …

Hudson v. U.S., No. 96-976 (U.S. Supreme Court) (522 U.S. 93; 118 S.Ct. 488) (December 10, 1997) (Justice Rehnquist)

Article • June 7, 2003

Filed under: Punch And Jurists, Punishment

Hudson v. U.S., No. 96-976 (U.S. Supreme Court) (522 U.S. 93; 118 S.Ct. 488) (December 10, 1997) (Justice Rehnquist) by Case held that if a penalty is applied under a civil statutory scheme, only the "clearest proof" will transform a civil penalty into a criminal punishment for double jeopardy purposes, …

Kennedy v. Mendoza-Martinez, No. 2 (U.S. Supreme Court) (372 U.S. 144; 83 S.Ct. 554) (February 18, 2063) (Justice Goldberg)

Article • March 12, 2003

Filed under: Punch And Jurists, Punishment

Kennedy v. Mendoza-Martinez, No. 2 (U.S. Supreme Court) (372 U.S. 144; 83 S.Ct. 554) (February 18, 2063) (Justice Goldberg) by In these two consolidated cases, the United States appealed from orders of the United States District Court for the District of Columbia and the Southern District of California (in decisions …

Missouri v. Hunter, No. 81-1214 (U.S. Supreme Court) (459 U.S. 359; 103 S.Ct. 673) (January 19, 1983) (Justice Burger)

Article • March 17, 2002

Filed under: Punch And Jurists, Punishment

Missouri v. Hunter, No. 81-1214 (U.S. Supreme Court) (459 U.S. 359; 103 S.Ct. 673) (January 19, 1983) (Justice Burger) by Here the Court amplified its "Blockburger rule" and held that where Congress "specifically authoriz[es]" cumulative punishments for even the same offense, the Double Jeopardy Clause is not violated. In Blockburger …

United Mine Workers v. Bagwell, No. 92-1625 (U.S. Supreme Court) (512 U.S. 821; 114 S.Ct. 2552) (June 30, 1994) (Justice Blackmun)

Article • September 9, 1999

Filed under: Punch And Jurists, Punishment

United Mine Workers v. Bagwell, No. 92-1625 (U.S. Supreme Court) (512 U.S. 821; 114 S.Ct. 2552) (June 30, 1994) (Justice Blackmun) by The Court held that "Underlying the somewhat elusive distinction between civil and criminal contempt fines, and the ultimate question posed in this case, is what procedural protections are …

U.S. v. Lippitt, No. 98-2385 (7th Cir.) (180 F.3d 873) (June 16, 1999) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Punishment

U.S. v. Lippitt, No. 98-2385 (7th Cir.) (180 F.3d 873) (June 16, 1999) (Judge Joel L. Flaum) by In the words of the Court, this case "is a challenge to the district court's decision to add forty-seven months to Kenneth Lippitt's prison term for failing to pay a criminal fine …

U.S. v. Edwards, No. 98-1055 (3rd Cir.) (162 F.3d 87) (November 27, 1998) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Punishment

U.S. v. Edwards, No. 98-1055 (3rd Cir.) (162 F.3d 87) (November 27, 1998) (Judge Marjorie O. Rendell) by Case held that the application of the MVRA to the defendant violated the ex post facto prohibitions of the Constitution since it was not enacted until after the defendant's crimes were committed …

Johnson v. U.S., No. 97-1151 (6th Cir.) (154 F.3d 569) (August 26, 1998) (Judge Gilbert S. Merritt)

Article • October 1, 1998 • from P&J October, 1998

Filed under: Punch And Jurists, Punishment

Johnson v. U.S., No. 97-1151 (6th Cir.) (154 F.3d 569) (August 26, 1998) (Judge Gilbert S. Merritt) by This is another case that deals with the Circuit split that has developed about whether a district court may reduce a defendant's term of supervised release to reflect time served in prison …

U.S. v. Gilchrist, No. 97-7224 (3rd Cir.) (130 F.3d 1131) (December 2, 1997) (Judge William M. Hoeveler)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Punishment

U.S. v. Gilchrist, No. 97-7224 (3rd Cir.) (130 F.3d 1131) (December 2, 1997) (Judge William M. Hoeveler) by Here the Court acknowledged that "Supervised release is punishment; it is the deprivation of some small portion of one's liberty imposed as a punitive measure for a bad act." (Id., at 1134).

U.S. v. Various Computers and Computer Equipment, No. 95-3195 (3rd Cir.) (82 F.3d 582) (April 30, 1996) (Judge Max Rosenn)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Punishment

U.S. v. Various Computers and Computer Equipment, No. 95-3195 (3rd Cir.) (82 F.3d 582) (April 30, 1996) (Judge Max Rosenn) by The Court also held that "we hold that forfeiture of proceeds under § 981(a)(1)(C) is not punishment. In reaching this outcome, we remain aware of contrary authority. Lundis urges …

Artway v. Attorney General of State of N.J., No. 95-5195 (3rd Cir.) (81 F.3d 1235) (April 12, 1996) (Judge Edward R. Becker)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Punishment

Artway v. Attorney General of State of N.J., No. 95-5195 (3rd Cir.) (81 F.3d 1235) (April 12, 1996) (Judge Edward R. Becker) by QUOTE OF THE WEEK - While Punch and Jurists frequently pokes fun at the tendency of the courts to quibble over hair-splitting profundities that produce the pedantic …

DiCola v. Food and Drug Admin., No. 94-1689 (D.C. Cir.) (77 F.3d 504) (March 1, 1996) (Judge Douglas Ginsburg)

Article • April 1, 1996 • from P&J April, 1996

Filed under: Punch And Jurists, Punishment

DiCola v. Food and Drug Admin., No. 94-1689 (D.C. Cir.) (77 F.3d 504) (March 1, 1996) (Judge Douglas Ginsburg) by This case involves the power of the Food and Drug Administration to permanently debar anyone convicted of a felony related to the Federal regulation of drug products from thereafter "providing …