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Harris v. City of New York, No. 09-0081-pr (2nd Cir.) (607 F.3d 18) (June 2, 2010) (Judge Robert A. Katzmann)

Article • December 1, 2010

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

Harris v. City of New York, No. 09-0081-pr (2nd Cir.) (607 F.3d 18) (June 2, 2010) (Judge Robert A. Katzmann) by In plaintiff's appeal from the district court's order revoking his in forma pauperis status and dismissing his complaint, the order is affirmed in part where: 1) 28 U.S.C. section …

Reyes v. Brown, No. 00-57130 (9th Cir.) (399 F.3d 964) (March 4, 2005) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

Reyes v. Brown, No. 00-57130 (9th Cir.) (399 F.3d 964) (March 4, 2005) (Judge Harry Pregerson) by Petitioner inmate filed a 28 U.S.C.S. § 2254 petition for a writ of habeas corpus challenging his sentence under California's "Three Strikes" law. The United States District Court for the Central District of …

Monge v. California, No. 97-6146 (U.S. Supreme Court) (524 U.S. 721; 118 S.Ct. 2246) (June 26, 1998) (Justice O'Connor)

Article • June 25, 2004

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

Monge v. California, No. 97-6146 (U.S. Supreme Court) (524 U.S. 721; 118 S.Ct. 2246) (June 26, 1998) (Justice O'Connor) by Case held that the Double Jeopardy Clause did not extend to California court's noncapital sentencing proceeding to determine the truth of allegations supporting an enhanced sentence. Monge was convicted in …

Ramirez v. Castro, No. 02-56066 (9th Cir.) (365 F.3d 755) (April 19, 2004) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

Ramirez v. Castro, No. 02-56066 (9th Cir.) (365 F.3d 755) (April 19, 2004) (Judge Kim McLane Wardlaw) by Here the Court upheld the release of a “three strikes” defendant from prison, after concluding that his nonviolent robbery of a $199 VCR was one of those “exceedingly rare” cases where a …

U.S. v. Brown, No. 01-1623 (7th Cir.) (276 F.3d 930) (January 10, 2002) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Brown, No. 01-1623 (7th Cir.) (276 F.3d 930) (January 10, 2002) (Judge Richard A. Posner) by Here the Court held that a provision in the "three strikes law" which requires the defendant to prove by clear and convincing evidence that his offense did not qualify as a serious …

Brown v. Mayle, No. 99-17261 (9th Cir.) (283 F.3d 1019) (February 7, 2002) (Judge Marsha L. Berzon)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

Brown v. Mayle, No. 99-17261 (9th Cir.) (283 F.3d 1019) (February 7, 2002) (Judge Marsha L. Berzon) by Last Fall, a divided panel from the Ninth Circuit struck down two, consecutive 25-years-to-life sentences imposed under California’s three strikes law; and held that the sentences, which had been imposed on a …

Andrade v. Attorney General of California, No. 99-55691 (9th Cir.) (270 F.3d 743) (November 2, 2001) (Judge Richard A. Paez)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

Andrade v. Attorney General of California, No. 99-55691 (9th Cir.) (270 F.3d 743) (November 2, 2001) (Judge Richard A. Paez) by Here a divided panel from the Ninth Circuit held that the imposition of two, consecutive 25- years-to-life sentences under California’s three strikes statutes on a defendant who was convicted …

U.S. v. Davis, No. 00-3624 (8th Cir.) (260 F.3d 965) (August 15, 2001) (Judge C. Arlen Beam)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Davis, No. 00-3624 (8th Cir.) (260 F.3d 965) (August 15, 2001) (Judge C. Arlen Beam) by Here, the Eighth Circuit joined with decisions from the Fifth, Sixth, Seventh, Ninth, Tenth and Eleventh Circuits in holding that the burden-shifting scheme of the Federal three-strickes statute (18 USC § 3359) …

U.S. v. Gray, No. 00-11491 (11th Cir.) (260 F.3d 1267) (August 7, 2001) (Judge Stanley Marcus)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Gray, No. 00-11491 (11th Cir.) (260 F.3d 1267) (August 7, 2001) (Judge Stanley Marcus) by United States v. Davis, 260 F.3d 965 (8th Cir. 2001) (Judge Beam) United States v. Gray, 260 F.3d 1267 (11th Cir. 2001) (Judge Marcus) Here, the Eighth and Eleventh Circuits joined with the …

U.S. v. Gatewood, No. 98-5138 (6th Cir.) (230 F.3d 186) (October 10, 2000) (Judge Boyce F. Jr. Martin)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Gatewood, No. 98-5138 (6th Cir.) (230 F.3d 186) (October 10, 2000) (Judge Boyce F. Jr. Martin) by Here a majority of the Court - over the strong dissent of Judge Merritt - held that a provision of the "three strikes" statute requiring the defendant to disprove his eligibility …

U.S. v. Gatewood, No. 98-5138 (6th Cir.) (184 F.3d 550) (July 6, 1999) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Gatewood, No. 98-5138 (6th Cir.) (184 F.3d 550) (July 6, 1999) (Judge Gilbert S. Merritt) by This is a significant decision dealing with the constitutionality of one of Congress’s pet rocks - the “three strikes” statutes. The defendant in this case challenged his life sentence on the grounds …

U.S. v. Kaluna, No. 96-10527 (9th Cir.) (192 F.3d 1188) (September 30, 1999) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Kaluna, No. 96-10527 (9th Cir.) (192 F.3d 1188) (September 30, 1999) (Judge Susan P. Graber) by In this case, the majority held that the provisions of the federal "Three Strikes" law, 18 USC § 3559, that count prior convictions of robberies as strikes unless the defendant can muster …

Rodriguez v. Cook, No. 97-35095 (9th Cir.) (169 F.3d 1176) (February 25, 1999) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

Rodriguez v. Cook, No. 97-35095 (9th Cir.) (169 F.3d 1176) (February 25, 1999) (Judge Stephen S. Trott) by The Court reasoned that since the restriction neither involves a "suspect class" nor infringes upon a fundamental interest, it is subject to the "rational basis" test. The Court also concluded that IFP …

U.S. v. Kaluna, No. 96-10527 (9th Cir.) (152 F.3d 1069) (August 3, 1998) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Kaluna, No. 96-10527 (9th Cir.) (152 F.3d 1069) (August 3, 1998) (Judge Stephen Reinhardt) by This is one of the first cases we have seen which has raised some serious questions about the "forget the presumption of innocence - just incarcerate them" attitude of much modern day criminal …

U.S. v. Gottlieb, No. 96-3278 (10th Cir.) (140 F.3d 865) (April 3, 1998) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Gottlieb, No. 96-3278 (10th Cir.) (140 F.3d 865) (April 3, 1998) (Judge Michael R. Murphy) by Court reversed a sentence under the "Three Strikes" law because one of the defendant's prior convictions for ban robbery did not involve any "threats" within the meaning of the statute. This case …

U.S. v. Gottlieb, No. 96-3278 (10th Cir.) (140 F.3d 865) (April 3, 1998) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Gottlieb, No. 96-3278 (10th Cir.) (140 F.3d 865) (April 3, 1998) (Judge Michael R. Murphy) by This case deals with another of the many Federal gun prohibitions, namely the use of a gun during a crime of violence, and particularly what is required for the application of the …

U.S. v. Wicks, No. 96-2465 (7th Cir.) (132 F.3d 383) (December 22, 1997) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Wicks, No. 96-2465 (7th Cir.) (132 F.3d 383) (December 22, 1997) (Judge Diane P. Wood) by The Court rejected the defendant's burden of proof argument by noting that "The Three Strikes law operates as a sentence enhancement device, in a manner very much like the persistent felony offender …

Lyon v. Krol, No. 96-3752 (8th Cir.) (127 F.3d 763) (October 17, 1997) (Judge Diana E. Murphy)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

Lyon v. Krol, No. 96-3752 (8th Cir.) (127 F.3d 763) (October 17, 1997) (Judge Diana E. Murphy) by Case reversed lower court holding that three strikes provision of the Prison Litigation Reform Act unconstitutionally violated prisoners' equal protection rights.

U.S. v. Washington, No. 96-3092 (7th Cir.) (109 F.3d 335) (March 17, 1997) (Judge Frank H. Easterbrook)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Washington, No. 96-3092 (7th Cir.) (109 F.3d 335) (March 17, 1997) (Judge Frank H. Easterbrook) by In what is probably the first case to address the meaning of "threats" within the meaning of the Three Strikes Statute, the court held that term encompasses a communicated expression that the …