Search | Punch and Jurists

U.S. v. Nadirashvili, No. 08-4211-cr (L) (2nd Cir.) (655 F.3d 114) (August 23, 2011) (Judge Ralph K. Jr. Winter)

Article • December 1, 2011

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Nadirashvili, No. 08-4211-cr (L) (2nd Cir.) (655 F.3d 114) (August 23, 2011) (Judge Ralph K. Jr. Winter) by Conviction and sentencing of defendants for a variety of weapons trafficking offenses is vacated with respect to the sentencing where the district court used the wrong standard in applying certain …

Michtavi v. New York Daily News, No. 08-2111-cv (2nd Cir.) (587 F.3d 551) (November 25, 2009) (Judge Dennis G. Jacobs)

Article • December 1, 2009

Filed under: Punch And Jurists, Defamation

Michtavi v. New York Daily News, No. 08-2111-cv (2nd Cir.) (587 F.3d 551) (November 25, 2009) (Judge Dennis G. Jacobs) by In an action for libel and intentional infliction of emotional distress based on news reports stating that plaintiff, a criminal defendant, was to cooperate with prosecutors, dismissal of the …

U.S. v. Parks, No. 07-3944 (6th Cir.) (583 F.3d 923) (October 16, 2009) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Rule of Lenity

U.S. v. Parks, No. 07-3944 (6th Cir.) (583 F.3d 923) (October 16, 2009) (Judge Gilbert S. Merritt) by As this case shows, the patchwork of American criminal laws have become a Byzantine maze of unparalleled proportions that sometimes defies comprehension. In this case, the Sixth Circuit addressed a complicated and …

U.S. v. Santos, No. 06-1005 (U.S. Supreme Court) (553 U.S. 507; 128 S.Ct. 2020) (June 2, 2008) (Justice Scalia)

Article • April 1, 2008 • from P&J May, 2008

Filed under: Punch And Jurists, Rule of Lenity

U.S. v. Santos, No. 06-1005 (U.S. Supreme Court) (553 U.S. 507; 128 S.Ct. 2020) (June 2, 2008) (Justice Scalia) by The principal Federal money laundering statute, 18 U. S. C. § 1956, prohibits specified transfers of money derived from various unlawful activities. Subsection (a)(1) makes it unlawful to engage in …

Schiller v. The City of New York, No. 04 Civ. 7922 (KMK) (JCF) (S.D.N.Y.) (2007 U.S. Dist. LEXIS 56602) (August 6, 2007) (Judge Magistrate)

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

Filed under: Punch And Jurists, Protective Orders

Schiller v. The City of New York, No. 04 Civ. 7922 (KMK) (JCF) (S.D.N.Y.) (2007 U.S. Dist. LEXIS 56602) (August 6, 2007) (Judge Magistrate) by Once again, Magistrate Judge Francis has issued a stern rebuke to New York City over its efforts to prevent the disclosure of nearly 2,000 of …

Schiller v. The City of New York, No. 04 Civ. 7922 (KMK) (JCF) (S.D.N.Y.) (2007 U.S. Dist. LEXIS 16935) (March 12, 2007) (Judge Magistrate)

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

Filed under: Punch And Jurists, Protective Orders

Schiller v. The City of New York, No. 04 Civ. 7922 (KMK) (JCF) (S.D.N.Y.) (2007 U.S. Dist. LEXIS 16935) (March 12, 2007) (Judge Magistrate) by A couple of recent events raise troubling questions about whether the police state has finally and irrevocably arrived in America. Both events send a strong …

U.S. v. Stewart, No. 02-10318 (9th Cir.) (451 F.3d 1071) (June 30, 2006) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Stewart, No. 02-10318 (9th Cir.) (451 F.3d 1071) (June 30, 2006) (Judge Alex Kozinski) by Here, on remand from the Suipreme Court, the Court held that a federal statute criminalizing the possession of homemade machine guns manufactured intrastate was not an unlawful extension of Congress's commerce powers.

Liparota v. U.S., No. 84-5018 (U.S. Supreme Court) (471 U.S. 419; 105 S.Ct. 2084) (May 13, 1985) (Justice Brennan)

Article • October 14, 2005

Filed under: Punch And Jurists, Rule of Lenity

Liparota v. U.S., No. 84-5018 (U.S. Supreme Court) (471 U.S. 419; 105 S.Ct. 2084) (May 13, 1985) (Justice Brennan) by The Court explained that the rule of lenity "ensures that criminal statutes will provide fair warning concerning conduct rendered illegal and strike the appropriate balance between the legislature, the prosecutor …

Hall v. Tressic, No. 5:04-CV-925 (N.D.N.Y.) (381 F.Supp.2d 101) (August 15, 2005) (Judge David N. Hurd)

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

Filed under: Punch And Jurists, Civil RICO

Hall v. Tressic, No. 5:04-CV-925 (N.D.N.Y.) (381 F.Supp.2d 101) (August 15, 2005) (Judge David N. Hurd) by In this decision, Judge Hurd dismissed with prejudice the plaintiff’s efforts to boot-strap his allegations of sexual abuse by a priest into a broad civil RICO action against the Catholic Church. The Court …

Shannon v. U.S., No. 92-8346 (U.S. Supreme Court) (512 U.S. 573; 114 S.Ct. 2419) (June 24, 1994) (Justice Thomas)

Article • December 6, 2004

Filed under: Punch And Jurists, Insanity Defense Reform Act

Shannon v. U.S., No. 92-8346 (U.S. Supreme Court) (512 U.S. 573; 114 S.Ct. 2419) (June 24, 1994) (Justice Thomas) by In this case, the Supreme Court made clear, is non-binding but highlt persuasive dicta, that defendant had no legal right to a charge informing the jury of the sentencing consequences …

U.S. v. Bodmer, No. 03 CR. 947(SAS) (S.D.N.Y.) (342 F.Supp.2d 176) (July 9, 2004) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Foreign Corrupt Practices Act (FCPA)

U.S. v. Bodmer, No. 03 CR. 947(SAS) (S.D.N.Y.) (342 F.Supp.2d 176) (July 9, 2004) (Judge Shira A. Scheindlin) by Defendant was indicted on charges of conspiracy to violate former 15 U.S.C. § 78dd-2 (amended 1998) of the Foreign Corrupt Practices Act (FCPA) and of conspiracy to launder money in violation …

U.S. v. Carmichael, No. Crim. No. 2:03cr259-T (M.D.Ala.) (326 F.Supp.2d 1267) (July 20, 2004) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Protective Orders

U.S. v. Carmichael, No. Crim. No. 2:03cr259-T (M.D.Ala.) (326 F.Supp.2d 1267) (July 20, 2004) (Judge Myron H. Thompson) by U.S. v. Carmichael, 326 F.Supp.2d 1267 (M.D.Ala. 2004) (Judge Thompson) (Carmichael I) U.S. v. Carmichael, 326 F.Supp.2d 1303 (M.D.Ala. 2004) (Judge Thompson) (Carmichael II) For a long time, informants (a/k/a snitches, …

U.S. v. Carmichael, No. Crim. No. 2:03cr259-T (M.D.Ala.) (326 F.Supp.2d 1303) (July 22, 2004) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Protective Orders

U.S. v. Carmichael, No. Crim. No. 2:03cr259-T (M.D.Ala.) (326 F.Supp.2d 1303) (July 22, 2004) (Judge Myron H. Thompson) by Here Judge Thompson refused on various constitutional grounds to order the defendant to close down his Web site - now known as www.whosarat.com - which contains detailed information about a growing …

In Re: Ellis, No. 01-70724 (9th Cir.) (356 F.3d 1198) (February 4, 2004) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Charging Decisions

In Re: Ellis, No. 01-70724 (9th Cir.) (356 F.3d 1198) (February 4, 2004) (Judge Kim McLane Wardlaw) by Judge Kozinski, who wrote one of the several concurring opinions in this lengthy en banc decision, described the remarkably different views of the judges in this case about the issue before the …

U.S. v. Lanier, No. 95-1717 (U.S. Supreme Court) (520 U.S. 259; 117 S.Ct. 1219) (March 31, 1997) (Justice Souter)

Article • November 21, 2003

Filed under: Punch And Jurists, Rule of Lenity

U.S. v. Lanier, No. 95-1717 (U.S. Supreme Court) (520 U.S. 259; 117 S.Ct. 1219) (March 31, 1997) (Justice Souter) by In its decision, the Court explained the rule of lenity as one of three manifestitations of the constitutional requirement that criminal statutes provide fair warning and the standard is whether …

U.S. v. Stokes, No. 03-4067 (4th Cir.) (347 F.3d 103) (October 15, 2003) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Threats

U.S. v. Stokes, No. 03-4067 (4th Cir.) (347 F.3d 103) (October 15, 2003) (Judge William W. Jr. Wilkins) by After the defendant in this case pled guilty to mailing a threatening communication in violation of 18 U.S.C. § 876(c), he was sentenced to a term of 21 months imprisonment. The …

Chapman v. U.S., No. 91-5744 (U.S. Supreme Court) (500 U.S. 453; 111 S.Ct. 1919) (May 30, 1991) (Justice Rehnquist)

Article • July 24, 2003

Filed under: Punch And Jurists, Rule of Lenity

Chapman v. U.S., No. 91-5744 (U.S. Supreme Court) (500 U.S. 453; 111 S.Ct. 1919) (May 30, 1991) (Justice Rehnquist) by In this case the Court acknowledged that, under the rule of lenity, a court should not interpret a statute to increase the punishment imposed on an individual when such an …

Scheidler v. Nat'l Org. for Women, Inc., No. 01-1118 (U.S. Supreme Court) (537 U.S. 393; 123 S.Ct. 1057) (February 26, 2003) (Justice Rehnquist)

Article • July 8, 2003

Filed under: Punch And Jurists, Civil RICO

Scheidler v. Nat'l Org. for Women, Inc., No. 01-1118 (U.S. Supreme Court) (537 U.S. 393; 123 S.Ct. 1057) (February 26, 2003) (Justice Rehnquist) by In this case the Supreme Court overturned a federal racketeering judgment against a coalition of anti-abortion groups that had conducted a widespread campaign of disrupting and …

U.S. v. Worrell, No. 01-4857 (4th Cir.) (313 F.3d 867) (December 17, 2002) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Threats

U.S. v. Worrell, No. 01-4857 (4th Cir.) (313 F.3d 867) (December 17, 2002) (Judge William B. Jr. Traxler) by Here the Court affirmed a six-level enhancement under U.S.S.G. § 2A6.1(b)(1) for conduct evidencing an intent to carry out a threat, based on district court’s determination that the enhancement covers conduct …

U.S. v. Pendergraft, No. 01-13057 (11th Cir.) (297 F.3d 1198) (July 16, 2002) (Judge Emmett Ripley Cox)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Threats

U.S. v. Pendergraft, No. 01-13057 (11th Cir.) (297 F.3d 1198) (July 16, 2002) (Judge Emmett Ripley Cox) by In this case the Court held that a threat to seek damages and use false evidence in a lawsuit, was neither "wrongful" under the Hobbs Act nor a "scheme to defraud" under …