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This time doing a harmless-error analysis itself, Supreme Court vacates murder conviction because of prejudicial instruction

At the Lectern

In In re Ferrell , the Supreme Court today grants habeas corpus relief to a petitioner convicted of second degree murder because an error in permitting the conviction to be based on an invalid felony-murder theory was not harmless. Despite expressly disagreeing with a Second District, Division One, decision ( People v.

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Supreme Court will decide parole eligibility issue for young-adult offenders

At the Lectern

The Supreme Court has denied review in several cases reaching a contrary conclusion. 5th 769; In re Williams (2020) 57 Cal.App.5th Substantial though the issue might be, the court probably would have denied review in Hardin , too, had Division Seven agreed with those other cases. See among others People v. 5th 193; People v.

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Supreme Court to decide police immunity issue highlighted by law review article authored by now Court of Appeal justice

At the Lectern

” The article’s author is Frank Menetrez , who now is a justice on the court that decided Leon , although he did not sit on the case. ” The court depublished the opinion of the Second District, Division Eight, in People v. 4th 522; In re Scoggins (2020) 9 Cal.5th Clark (2016) 63 Cal.4th

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SB 775 causes another case dump

At the Lectern

Duke back to the Court of Appeal for reconsideration in light of Senate Bill 775. SB 1437 was enacted in 2018 to limit criminal liability for felony murder or murder under the natural-and-probable-consequences doctrine. Two weeks ago, the court made a similar transfer order in the fully briefed People v. Gentile (2020) 10 Cal.5th

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Supreme Court Takes Jack Daniels Trademark Case with Major Free Speech Implications

JonathanTurley

He was charged (and later acquitted) of a felony under an Ohio law prohibiting the use of a computer to “disrupt” or “interrupt” police functions. The district court a accepted that VIP carried its burden that this was an expressive work, which seems unassailable. However, the Supreme Court has now accepted the case for a reason.

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Supreme Court takes Clean Water Act case

SCOTUSBlog

And over a dissent by Justice Neil Gorsuch, the justices declined to decide whether the Constitution guarantees the right to a trial by a 12-person jury when the defendant is charged with a felony. The question came to the court in the case of Natoya Cunningham , who was convicted by a six-person jury and sentenced to eight years in prison.

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Conservative States Gain Ground in Effort to Criminalize Abortion

The Crime Report

The Oklahoma House has voted overwhelmingly for a Republican-sponsored bill that would make performing an abortion a felony punishable by up to 10 years in prison and a $100,000 fine, with the only exception being if the life of the mother is in danger, reports the Washington Post.

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