Constitutional Law Reporter

DECEMBER 16, 2022

The Supreme Court granted certiorari on November 22, 2022. The justices agreed to consider “whether a person commits aggravated identity theft any time he mentions or otherwise recites someone else’s name while committing a predicate offense.”.

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Healthcare Court Felony Statute 52

The IP Law Blog

APRIL 28, 2022

The officer became the subject of an FBI investigation and was charged with a felony violation of the CFAA. On April 18, 2022, the Ninth Circuit issued its new opinion in the HiQ v. It noted that the CFAA was best “understood as an anti-intrusion statute and not as a `misappropriation statute.’” In Van Buren , the U.S.

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Statute Court Felony Technology 98

SCOTUSBlog

JANUARY 8, 2024

The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. A noncitizen who does not attend a removal proceeding can be ordered removed as long as written notice has been provided to him under the statute. Smith was charged with five felony counts.

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Government Statute Court Cause of Action 108

FDA Law Blog

NOVEMBER 6, 2022

Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. 14, 2022 to decide whether to grant certiorari. By Sophia R.

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Mens Rea Statute Healthcare Manufacturing 83

At the Lectern

FEBRUARY 22, 2024

” Division Two held the statute applies only to those enhancements that were “imposed and executed,” not “imposed and stayed.” Both orders followed the Supreme Court’s decision in In re Mohammad (2022) 12 Cal.5th ” Prior prison enhancements. ” Prior prison enhancements.

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Court Felony Statute Laws 53

At the Lectern

MAY 19, 2022

Faial , apparently to decide just how retroactive is Assembly Bill 1950 , 2020 legislation that shortened the maximum probation time for many felonies to two years. The defendant claimed the statute violates the Second Amendment by restricting a nonviolent offender’s right to bear arms. Tirado (2022) 12 Cal.5th

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Prima Facie Case Court Felony Statute 49

JonathanTurley

JUNE 9, 2023

” The problem, however, is that this is just like the transport of migrants to Martha’s Vineyard in September 2022, which a number of Democratic leaders and legal experts insisted was also a clear case of kidnapping and human trafficking. .” Newsom added in the tweet: “You small, pathetic man.

Laws 51

Laws Misdemeanor Attorney Felony 51

JURIST

DECEMBER 19, 2023

The bill creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses. billion in state funding for the costs of implementing the new criminal statute. million migrants entering the US in 2023, topping the previous high from 2022.

Immigration 129

Immigration Laws Misdemeanor Statute 129

SquirePattonBoggs

FEBRUARY 14, 2023

A)(1), does not qualify as a violent felony under the Armed Career Criminal Act (commonly referred to as “ACCA”). A)(1) did qualify as a violent felony under ACCA. 2022), the Sixth Circuit read Borden as requiring a purposeful or knowing mens rea for offenses deemed violent felony predicate offenses. . § 2911.01(A)(1),

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Mens Rea Felony Statute Court 59

SCOTUSBlog

OCTOBER 4, 2022

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

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Construction Statute Felony Court 100

SCOTUSBlog

NOVEMBER 2, 2022

The Supreme Court has held that the federal government assumes a trust obligation to assert reserved water rights for Native tribes only when it “ expressly accepts those responsibilities by statute ,” by regulation, or by treaty with a tribe. CVSG: 9/21/2022. CVSG: 9/23/2022. relisted after the Oct. 28 conference). 14 and Oct.

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Government Construction Court Statute 110

At the Lectern

OCTOBER 14, 2022

Tran (2022) 13 Cal.5th Tran (2022) 13 Cal.5th The Sixth District’s 2-1 published Burgos opinion held the statute is retroactive and reversed second degree robbery convictions. The dissent claimed “section 1109 is not an ameliorative statute. Strong (2022) 13 Cal.5th Superior Court (2000) 80 Cal.App.4th

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Court Prima Facie Case Statute Attorney 60

The Crime Report

MAY 16, 2022

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. And as of March 14, 2022, there were 4,682 people waiting for their trials in New York City jails. percent of total arrests and 20.2 percent and 25.1

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Felony Misdemeanor Statute Attorney 111

At the Lectern

JUNE 10, 2024

A December 2022 docket entry notes that a justice is recused, but it doesn’t say who. Amicus briefing was completed in September 2022. Faial — the court granted review in May 2022. Briefing was completed in October 2022. FCA US, LLC — the court granted review in July 2022. 1950 (Stats. Rodriguez v.

Calendaring 45

Calendaring Court Felony Attorney 45

At the Lectern

FEBRUARY 3, 2025

indicate that the jury necessarily found [the defendant] guilty under a valid theory of felony murder.” indicate that the jury necessarily found [the defendant] guilty under a valid theory of felony murder.”

Statute 45

Statute Felony Court Laws 45

At the Lectern

FEBRUARY 18, 2025

” Party briefing was initially completed in June 2022, but the court ordered supplemental briefing in May 2023 about [w]hether California recognizes a common law taxpayer standing doctrine to bring actions against state officials and, if so, whether the plaintiff in this case has established any such standing. 1950 (Stats.

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Calendaring Court Attorney Felony 45

At the Lectern

APRIL 13, 2023

She sought resentencing under 2018 legislation — Senate Bill 1437 — that narrowed murder liability under the felony murder theory and eliminated it under the natural and probable consequences doctrine. Strong (2022) 13 Cal.5th 5th 698 (see here ); People v. Lewis (2021) 11 Cal.5th 5th 952 (see here ).)

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Felony Statute Court Court Rules 45

At the Lectern

OCTOBER 20, 2022

The initiative incorporated the definition of “criminal street gang” from another statute, a definition that AB 333 narrowed while generally limiting the applicability of sentence enhancements for gang-related felonies. Delgado (2022) 74 Cal.App.5th Strong (2022) 13 Cal.5th Lopez (2021) 73 Cal.App.5th

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Court Felony Statute Lawyers 53

The Crime Report

OCTOBER 31, 2023

California is planning to add child sex trafficking to the list of those federal offenses eligible for longer prison sentences under the state’s “three strikes” law, despite protests from advocates who say that the statute has not improved crime rates and disproportionately hurts communities of color, Lindsay Holden reports for the Sacramento Bee.

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Felony Statute Laws 40

At the Lectern

OCTOBER 11, 2023

It concluded “the Legislature passed this statute mainly with the intent of providing immunity for adverse pregnancy outcomes due to self-managed abortions or drug use during pregnancy.” ” Review was denied in Carpenter v. ” Another ICWA grant-and-hold.

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Court Felony Statute Court Decisions 45

SCOTUSBlog

APRIL 19, 2024

In 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a regulation that defined “firearm” to include weapon parts kits that could readily be assembled into a firearm and indicated that “a partially complete … frame or receiver” constituted a frame or receiver. Next up is Lackey v.

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Felony Immigration Court Statute 145

At the Lectern

MAY 4, 2022

Like all calendars since April 2020 , the late-May 2022 calendar will be remote and based in San Francisco. (See Strong : Does a felony-murder special circumstance finding (Pen. This will be a heavier calendar than the court has had in a while. See here , here , here , here , and here.) Proc., § 425.16)? (2) & Prof.

Calendaring 49

Calendaring Entertainment Felony Court 49

At the Lectern

OCTOBER 3, 2024

Ruling on a habeas corpus petition, the superior court struck firearms sentence enhancements based on the retroactive application of new legislation, but it declined to revisit the defendant’s convictions based on other new statutes, including Assembly Bill No. Padilla (2022) 13 Cal.5th 5th 152 (see here ) and People v.

Court 49

Court Statute Healthcare Felony 49

At the Lectern

MARCH 11, 2022

The Fourth District, Division Two, 2-1 unpublished opinion affirmed the denial of a petition for resentencing under Penal Code section 1170.91 (b), which applies to military service members or veterans who suffer from various traumas, mental health problems, or substance abuse and who are “currently serving a sentence for a felony conviction.”

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Court Statute Litigation Litigating 53

The Crime Report

JANUARY 6, 2023

side without going through a designated port of entry, that same action becomes a misdemeanor or even a felony , depending on the circumstances. . When someone ‘jaywalks’ from the Mexican side of the border to the U.S. In 1969, the Supreme Court held in Shapiro v. Thompson that U.S.

Immigration 114

Immigration Laws Misdemeanor Government 114

The Crime Report

MAY 4, 2022

A 2013 study that examined 413 civil and criminal cases brought forward after Roe found that Black women were “significantly more likely to be arrested, reported to state authorities by hospital staff, and subjected to felony charges,” according to VICE News. If this decision holds, it’s really quite a radical decision.”.

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Court Court Reporting Court Reporter Felony 128

SCOTUSBlog

OCTOBER 20, 2023

2022, the federal government sued Missouri, seeking to block the state from enforcing the law. The law imposes fines of $50,000 for violations of that ban. Brian Boynton, the head of the Justice Department’s Civil Division, said in a statement that states “cannot simply declare federal laws invalid.”

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Laws Court Statute Felony 143

At the Lectern

APRIL 3, 2025

” The Pollock decision held appellate costs are among those costs that a statute says cant be assessed against a losing FEHA plaintiff unless theres a finding that the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so. Heard (2022) 83 Cal.App.5th

Statute 45

Statute Court Felony Law School 45

JonathanTurley

JUNE 17, 2022

Gillespie, 2022 Cal. LEXIS 3055 *, 2022 WL 1564200. ” ) In other words, the natural and probable consequences doctrine may apply to felony murder, but it is not properly applied to attempted murder. See People v. Indeed, in People v. Vallejo, 2021 Cal. ” [Citation.]’ ’ [Citations.]” ” .

Mens Rea 56

Mens Rea Law School Laws Felony 56

The Crime Report

APRIL 4, 2023

Yet at the press conference and Q & A following the arraignment District Attorney Alvin Bragg told the world that the 34 felony charges brought against defendant Trump were nothing more than the Manhattan office engaging in its everyday prosecution of “bread and butter” white-collar crimes.

Felony 124

Felony Misdemeanor Legal Legal 124

The Crime Report

AUGUST 30, 2023

Last Thursday Trump was booked in the Fulton County Jail in Atlanta, Georgia for allegedly running a criminal enterprise in violation of the state’s RICO statute. Immediately, the first and only mug shot of a former U.S. president went viral on social media and could be found on the front pages of newspapers worldwide.

Felony 140

Felony Statute Laws 140

JURIST

JULY 15, 2024

In November 2022, US Attorney General Merrick Garland appointed Jack Smith to serve as special counsel with oversight of two investigations related to Trump. In May, he was convicted of 34 felony counts of falsifying business records. After careful study of this seminal issue, the answer is no.

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Court Statute Felony Attorney 196

Above The Law

MARCH 26, 2025

Plaintiffs, including transgender minors and advocacy organizations, argued that the orders violated the separation of powers, conflicted with existing statutes, and infringed on equal protection rights. Bruen (2022), and a subsequent appeal after the district court again struck down the ban under Bruen.

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Court Small Business Education Government 71