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Article • January 11, 2010 • from P&J January, 2010
U.S. v. Watson, No. 08-10385 (9th Cir.) (582 F.3d 974) (September 23, 2009) (Judge Richard R. Clifton) by The Court upheld as reasonably related to the goals of rehabilitation and deterrence and as no broader than legitimately necessary to serve those purposes a special condiction of supervised release that barred …
Article • October 1, 2007 • from P&J October, 2007
Karpova v. Snow, No. 06-0104-cv (2nd Cir.) (497 F.3d 262) (August 14, 2007) (Judge Richard J. Cardamone) by For a summary of this decision, see "Circuit Upholds Fine for 'Human Shield'," by Mark Hamblett, as published in the Wall Street Journal, August 16, 2007, as follows: "A freelance journalist who …
Article • August 1, 2004 • from P&J August, 2004
Doe v. City of Lafayette, Ind., No. 01-3624 (7th Cir.) (377 F.3d 757) (July 30, 2004) (Judge Kenneth F. Ripple) by
Article • August 1, 2003 • from P&J August, 2003
Doe v. City of Layayette, Indiana, No. 01-3624 (7th Cir.) (334 F.3d 606) (June 27, 2003) (Judge Ann Claire Williams) by Here the Court held that a City order, entered without notice of a hearing, banning the petitioner, a convicted sex offender, from all city parks - including a golf …
Article • October 1, 2002 • from P&J October, 2002
Eunique v. Powell, No. 99-66984 (9th Cir.) (302 F.3d 971) (August 23, 2002) (Judge Ferdinand F. Fernandez) by Although this case does not directly deal with persons who have been formally charged with crimes, it does deal with an offshoot of the growing web of criminal statutes that make it …
Article • March 1, 2002 • from P&J March, 2002
Eunique v. Powell, No. 99-56984 (9th Cir.) (281 F.3d 940) (February 22, 2002) (Judge Ferdinand F. Fernandez) by Although this case does not directly deal with persons who have been formally charged with crimes, it does deal with an offshoot of the growing web of criminal statutes that make it …
Article • March 1, 2001 • from P&J March, 2001
U.S. v. Sicher, No. 00-1862 (3rd Cir.) (239 F.3d 289) (December 15, 2000) (Judge Maryanne Trump Barry) by This is one of those cases that shows the great and abiding concern of a benevolent government for the care and well-being of its huge numbers of ex-felons. The defendant in this …
Article • October 1, 1999 • from P&J October, 1999
U.S. v. Warren, No. 98-6488 (3rd Cir.) (186 F.3d 358) (July 21, 1999) (Judge Marjorie O. Rendell) by This is a vintage drug-sentencing case emanating from the courtroom of Judge Lechner of New Jersey. The defendant in this case was in Israel on a business trip when he was offered …
Article • September 1, 1999 • from P&J September, 1999
U.S. v. Frankel, No. 99 CR 130 (E.D.N.Y.) (53 F.Supp.2d 303) (May 19, 1999) (Judge Eugene H. Nickerson) by Here the Court denied permission to a probationer to travel abroad both because he failed to apply 30 days in advance and because the court had "serious doubts about whether [he] …
Article • August 1, 1999 • from P&J August, 1999
U.S. v. Crash, No. 91-CR-1235 (E.D.N.Y.) (50 F.Supp.2d 150) (April 21, 1999) (Judge Thomas C. Jr. Platt) by In this case, the defendant had made an earlier application to visit his daughter, who was studying in Italy, on her birthday. The trip would have been paid for by the defendant's …
Article • February 1, 1999 • from P&J February, 1999
U.S. v. Scheer, No. CR 96-0304-01(ADS) (E.D.N.Y.) (30 F.Supp.2d 351) (December 23, 1998) (Judge Arthur D. Spatt) by Shortly after the defendant is this case was released from prison, he requested permission from his probation officer to travel to Florida with his wife, “in order to save his precarious marriage.” …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Stanphill, No. 97-1450 (10th Cir.) (146 F.3d 1221) (June 22, 1998) (Judge Bobby R. Baldock) by Court rejected the defendant's claim that probation officer's earlier permission to travel outside the judicial district constituted a modification of his conditions of supervised release, requiring a hearing before that condition could …
Article • September 1, 1997 • from P&J September, 1997
Murphy v. Lynn, No. 96-2392, No. 848 (2nd Cir.) (118 F.3d 938) (July 8, 1997) (Judge Amalya Lyle Kearse) by This decision contains a detailed and interesting discussion about a citizen's constitutional right to travel. Here, a motorist brought a civil rights action (under 42 U.S.C. § 1983) against various …
Article • September 1, 1997 • from P&J September, 1997
Benson v. U.S., No. 96 C 7886 (N.D.Ill.) (969 F.Supp. 1129) (July 7, 1997) (Judge James H. Alesia) by United States v. Morey, 120 F.3d 142 (8th Cir. 1997) (Per Curiam) Benson v. United States, 969 F.Supp. 1129 (N.D.Ill. 1997) (Judge Alesia) Both of these cases visit an issue that …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Porotsky, No. 96-1479, No. 1010 (2nd Cir.) (105 F.3d 69) (January 15, 1997) (Per Curiam) by Here the Court vacated a sentence because travel restrictions imposed were not reasonably related to the defendant's rehabilitation or the public interest - the twin goals of probation. In a tersely worded …
Article • April 1, 1996 • from P&J April, 1996
U.S. v. Friedberg, No. 95-1615, No. 1165 (2nd Cir.) (78 F.3d 94) (March 13, 1996) (Per Curiam) by This case deals with the permissible scope of travel restrictions that are imposed on probationers by the courts and the Probation Office. Here, the appellant sought relief from the Court after Judge …
Article • April 1, 1996 • from P&J April, 1996
U.S. v. Friedberg, No. 95-1615, No. 1165 (2nd Cir.) (78 F.3d 94) (March 13, 1996) (Per Curiam) by This is one of two important decisions decided by the Second Circuit during March that deals with the power of the Probation Office to harass its wards who are on supervised release. …
Article • January 1, 1994
U.S. v. Beechnut Nutrition Corp., No. 90-1368, No. 605 (2nd Cir.) (925 F.2d 604) (February 13, 1991) (Judge Richard J. Cardamone) by
Article • January 1, 1994
U.S. v. Tolla, No. 85-1091, No. 1388 (2nd Cir.) (781 F.2d 29) (January 9, 1986) (Judge Charles E. Jr. Stewart) by