Remove 2021 Remove Misdemeanor Remove Statute
article thumbnail

Consequences For Drug Possession Could Change in 2023 in Washington State

The Crime Report

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.

Felony 98
article thumbnail

Insurance statute did not create private right of action for general contractor

Day on Torts

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.

Statute 59
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Statute of limitations extended to two years where defendant was given traffic citation after car accident.

Day on Torts

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. It is not the role of this Court to rewrite the statute. Code Ann. § Code Ann. § 28-3-104(a)(2).

Statute 59
article thumbnail

Fool Me Once, Shame on You. Fool Me Twice and It’s a Federal Felony—Always?

FDA Law Blog

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. We will cover further use of the second misdemeanor charge in future posts. By JP Ellison & Anne K.

Felony 52
article thumbnail

A no-straight-grant Wednesday conference

At the Lectern

A157169) 2019 WL 5654385, review denied ), held that pursuit of a fleeing misdemeanor suspect did not categorically allow the police to enter a home without a warrant. California (2021) 141 S.Ct. The statute proscribes a reviewing court from “render[ing] a decision in a proceeding. Lange (Oct. 30, 2019, No.

article thumbnail

D.C. Circuit Judge Panel Uses Pauline Newman Oral Argument To Flesh Out Advisory Opinion On Comatose Judges

Above The Law

“This is the statute not just about misconduct, but about disability. ” Judge Millett spoke conclusively, as though judicial impeachment requires the same “High Crimes and Misdemeanors” standard, but there’s at least a colorable argument that this isn’t actually the case. Circuit Judge Patricia A.

article thumbnail

Supreme Court will address discoverability of Facebook posts in criminal cases and will resolve an intra-division split about standing to enforce a city ordinance

At the Lectern

” The statute makes it a misdemeanor or an infraction to violate a city ordinance and says a violation “may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.” In re Humphrey (2021) 11 Cal.5th 5th 135, 154-156 [see here ].)” In People v.

Court 53