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The US Court of Appeals for the DC Circuit ruled Friday that enhancements were improperly applied to the sentencing of a participant in the January 6, 2021 Capitol riot. The court applied sentencing enhancements to his conviction on the basis that his crimes were a “substantial interference with the administration of justice.”
Cloud, Florida were charged in connection with their actions in the Capitol riot on January 6, 2021. . The complaint filed in the District of Columbia stated: “Gray is charged with civil disorder and obstruction of an official proceeding, both felonies, as well as misdemeanor offenses.
over pollution in the Ecuadorian rainforest, was sentenced on Friday to six months in prison for criminal contempt of court. The initial dispute originated in 2011 after an Ecuadorian court rendered a $9.5 The appeals court upheld Judge Kaplan’s findings in 2016.
[link] A report on the results of “The Court Appearance Project” in North Carolina was released recently. Relying on their combined expertise and the findings from the data, each county team crafted policy solutions that they believed would deliver a high impact in their courts and communities.3
A recent court case is a good reminder that political attack ads can subject broadcast stations to defamation claims. Comments on the notice of inquiry are due November 26, 2021 ( Notice of Inquiry ). Watch our Broadcast Law Blog on Monday for more on this warning and its impact on broadcasters.
California, 594 U.S. _ (2021) , the U.S. Supreme Court clarified when police may enter the home without a warrant. It held that, under the Fourth Amendment , the pursuit of a fleeing misdemeanor suspect does not always (or categorically) qualify as an exigent circumstance justifying a warrantless entry into a home. In Lange v.
It's an argument that rests on completely ignoring the role of courts in the constitutional order. There's one for the 2021 bingo card. Just A Misdemeanor Of A Mass Riot : Lawyers for Ashli Babbit's family say she was wrongfully killed over misdemeanor trespass. And it's also just stupid.
Washington’s Supreme Court declared Washington’s felony drug possession statute unconstitutional in 2021 because it made possession a felony, whether someone was aware of the drugs being on them or not. Lawmakers responded to the ruling by temporarily making drug possession a simple misdemeanor.
appeals court that oversees four Western and two Midwestern states became the seventh appeals court to rule that people have a right protected by the First Amendment to film police while they work. In July, a Denver-based U.S.
According to a recent study released by the Los Angeles County Board of Supervisors, zero-dollar cash bail has had no negative effect on clients’ ability to follow through with their court requirements — like appearing in court, Knock LA, a nonprofit journalism project, reports. The trend has only continued.
New legal filings in Texas describe an ongoing and consistent pattern of men being illegally detained for a month or more as their cases stagnate in overwhelmed courts, reports Click2Houston.com.
Over the past three years, Illinois lawmakers have unsuccessfully proposed downgrading possession of small amounts of drugs from a felony to a misdemeanor, seeking to follow the example established by Oregon, which recently decriminalized possession of small amounts of drugs. Through Sept.
The US Department of Justice (DOJ) Monday announced that three individuals pleaded guilty to a series of actions related to the US Capitol breach on January 6, 2021. Court documents indicate Gardner joined other individuals in confronting “law enforcement officers on the Lower West Terrace of the Capitol.”
There, local prosecutors in the county’s Early Disposition Courts make plea offers “substantially harsher”—their words—if people accused of crimes merely assert their constitutional rights during negotiation. In these courts, prosecutors withhold all discovery? Rebecca Brown is Policy Director of the Innocence Project.
According to court documents , Robertson, 49, and co-defendent Jacob Fracker were both officers with the Rocky Mount, Virginia, Police Department and were off duty when they headed for Washington, D.C. in Robertson’s car on the morning of January 6, 2021.
Efforts to restore rights of individuals released from jail to accelerate their reintegration into civil society picked up momentum during 2021, according to the Collateral Consequences Resource Center (CCRC). Key Reforms from 2021. not disenfranchising at all). See Also: Illinois Lawmakers Weigh Voting Rights for People Behind Bars.
In 1990, 26 people were murdered, prompting then-New York City Transit Police Chief William Bratton to implement a subway policing policy that interdicted people committing nonviolent misdemeanors, such as entering the subway without paying. NYPD routinely confiscated handguns and knives from people committing misdemeanors on the subways.
Participation in California’s drug courts decreased statewide by 67 percent between 2014 and 2018. In California, aignificantly fewer people are choosing to go to drug court, in part because the penalties for drug possession were reduced by the passage of Proposition 47 in 2014, reports KPVI.
The investigation found that since the sweeping changes to the state’s bail reform law, enacted in 2019, one of every five people arrested and released by a Buffalo City Court judge without having to post bail were rearrested — though few on violent felony charges. percent were rearrested on a misdemeanor charge, 7.2
Walsh — As readers of the FDA Law Blog know, the FDC Act is a strict liability criminal enforcement statute that can impose criminal misdemeanor penalties on a person without any showing of intent. Richard Marschall, a “naturopathic doctor,” had been convicted in 2017 for a misdemeanor violation of the FDC Act for selling misbranded drugs.
At yesterday’s conference , Justice Mariano-Florentino Cuéllar’s last before his retirement from the court this weekend, the Supreme Court straight-granted review for the first time since September 15. ” The court also granted review — on a pro per’s petition — in People v. 775 (Stats.
Bail reform, enacted by the state in 2020 , prohibits the use of cash bail for misdemeanors and some categories of nonviolent felonies. Supervised release, a citywide program that predates bail reform by four years, is designed to help ensure that individuals released after arrest return to court. Melanie Skemer.
Take Alaska , for example, which the report ranks as the lowest-performing state in terms of nearly every law category analyzed — receiving “F” grades for pardoning, felony relief, misdemeanor relief, certificates of relief, employment, and occupational licensing laws. Washington D.C.
Rittenhouse is facing six charges that range from first-degree homicide to a misdemeanor of being a minor in possession of a dangerous weapon. At this stage, the prosecution may celebrate even a misdemeanor conviction. It is either the product of systemic errors or systemic racism. Prosecution’s bumpy start, and finish.
Actions of note at yesterday’s Supreme Court conference — a double one — included: Supreme Court denies writ petition against Court of Appeal for criminal case delay, but asks for Judicial Council study. The court granted review in People v. Vivar (2021) 11 Cal.5th See here and here.)
The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. April 26, 2021), plaintiff was a general contractor who had been hired to repair property owned by a property association that had been damaged by severe weather. In Affordable Construction Services, Inc.
55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. 28, 2021), plaintiff was injured in a car accident with defendant in September 2017. The Court, however, disagreed. The Court pointed out that failure to exercise due care under Tenn.
There were no straight grants at the Supreme Court’s conference yesterday, with only six justices participating because newly confirmed Justice Patricia Guerrero has not yet been sworn in. Immunity for law enforcement : The court granted-and-held in Nelson v. will have to come from our Supreme Court, rather than from us.’
But a court struck down the practice as a violation of the constitutional freedoms of association and movement, and the U.S. Supreme Court in 2003 let that ruling stand. But police have issued citations for violations of the orders as recently as July 2021, records show. It was also unclear if any remained in effect.
Congresswoman Alexandria Ocasio-Cortez (NY) introduced articles of impeachment on Wednesday against United States Supreme Court Justices Clarence Thomas and Samuel Alito. Additionally, Thomas’s refusal to recuse from matters concerning his spouse’s legal and economic interests in cases before the court is in question.
Strange line of questioning when the case concerns a judge who is able to do her duties so well that she still managed to get a dissent affirmed by the Supreme Court during her stealth impeachment. Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Circuit Judge Patricia A.
On April 11, 2021, Daunte Wright was pulled over by Brooklyn Center Police Officer Anthony Luckey and his Field Training Officer, Kimberly Ann Potter, for having expired tags on his vehicle. The officers found there was an outstanding warrant for his arrest for a gross misdemeanor weapons charge.
Greg Abbott’s Operation Lone Star using state law enforcement to enforce immigration law by arresting migrants for trespassing is overwhelming local courts and resulting in few convictions. Just 3 percent of the about 1,500 people arrested on misdemeanor trespassing charges since July, 2021 have been convicted, all via guilty pleas.
Having up to 4 ounces of flower marijuana is a misdemeanor. It may be enough for the sheriff’s office, but it’s often not for prosecutors or courts. In 2022, Texas prosecutors filed 70% fewer misdemeanor marijuana possession charges than in 2018, down from nearly 71,000 to about 21,500, according to state reports.
Under Ballot Measure 110, possession of controlled substances is now a newly created Class E “violation,” instead of a felony or misdemeanor. Almost half of those who got citations failed to show up in court. It carries a maximum $100 fine, which can be waived if the person calls a hotline for a health assessment.
In June of 2021, the IIP launched its Beyond Big Cities Initiative with several discussions about restorative justice in smaller communities. . The Pine County’s Probation Department collaborates with experts in the program to work with juveniles that have been charged with misdemeanors and felonies that are not homicides or sex crimes. .
At its conference yesterday, the Supreme Court agreed to hear two more cases. Supreme Court approves pardon for host of Pulitzer Prize nominated podcast. The court granted review in Snap, Inc. Superior Court. The Snap case will be a follow-up to the Supreme Court’s Facebook, Inc. City ordinance enforcement.
Actions of note at yesterday’s Supreme Court conference included: Supreme Court OK’s commutation of three-strikes sentence. The court granted review in Pulliam v. The appellate court concluded the Rule doesn’t limit attorney fees, disagreeing with Lafferty v. The court denied depublication.]. 22, 2021, No.
Tomorrow morning, the Supreme Court will file its opinion in In re F.M. In October 2021 , the court granted the petition for review that was filed 10 days late. Briefs here ; oral argument video here.) This will be the third opinion in the four cases argued in February. 1997) 14 Cal.4th
Supreme Court started its summer recess last week. Given this blog’s bent, we went looking for nexuses between the Court’s decisions this term — since October 2020’s first Monday — and the California Supreme Court. Here’s what we found. Defendant’s certiorari petition denied in People v.
He served Williams a summons ordering her to report to criminal court on a felony battery charge. Many of the patients who were charged had legal guardians, meaning that a court had previously found them unable to handle their own affairs. Court records show he has filed charges against two patients.
The Supreme Court has announced a four-case February calendar. The court continues on a pace for a low output of opinions. Related: “What’s ailing the California Supreme Court? Related: “What’s ailing the California Supreme Court? Superior Court (1962) 57 Cal.2d Superior Court (1962) 57 Cal.2d
She was ultimately allowed to remain in the program, but her sentence was extended by a month, according to court documents. A month after Lucas left the facility in April 2019, Lauren Hand was charged with two misdemeanors and a petty offense for unlawful possession of a controlled substance, official misconduct and theft.
In 2019, New York passed a bill eliminating both cash bail for most misdemeanors and non-violent felony offenses and judges’ discretion in setting bail amounts in those cases. percent in 2014), and the percentage of defendants released pending trial who showed up for pretrial court appearances declined to 89.4 percent, from 92.7
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