SquirePattonBoggs
FEBRUARY 14, 2023
2022), the Sixth Circuit read Borden as requiring a purposeful or knowing mens rea for offenses deemed violent felony predicate offenses. As the Sixth Circuit explained, Patterson “did not consider, as Borden now requires, whether the offense’s force element has a mens rea greater than recklessness.” Butts , 40 F.4th
JURIST
AUGUST 31, 2024
” Furthermore, Kwok also ruled that the prosecution could establish the defendant’s mens rea by proving that the defendant, aware of the seditious intent within a publication, disregarded the consequence of publishing it. The trial began in October 2022, with an initial ruling expected in October 2023.
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At the Lectern
MAY 29, 2024
2) Does state law preempt a local ordinance when both prohibit the same conduct and the state law has a mens rea component that the local ordinance does not? ” The court granted review in March 2022. It also told the parties at oral argument “to focus on the question of dismissal under Penal Code section 1385.”
JURIST
JANUARY 27, 2023
Hilbach , the court considered whether the five- and four-year mandatory minimums for two men convicted of armed robbery with a firearm were constitutional. They also believed that applying the four-year mandatory minimum in Zwozdesky’s hypotheticals would be “grossly disproportionate.”
At the Lectern
NOVEMBER 27, 2023
Strong (2022) 13 Cal.5th Other parts of the jury’s verdict in this particular case also “do not reflect all of the factual findings necessary to support a murder conviction under current law.” because the aider and abettor has not sufficiently concerned himself with that murder.” Gonzalez (2021) 65 Cal.App.5th
At the Lectern
FEBRUARY 15, 2024
2) Does state law preempt a local ordinance when both prohibit the same conduct and the state law has a mens rea component that the local ordinance does not? The court granted review in March 2022. 2022) 13 Cal.5th More about the case here. Burgos : The case was a grant-and-hold for a death penalty appeal. See Naranjo v.
FDA Law Blog
JUNE 28, 2022
Palmer — On June 27, 2022, in one of the last opinions issued during its current term, a majority of the U.S. Gilbert & Karla L. Supreme Court (six justices) issued a noteworthy opinion on criminal liability related to prescribers of controlled substances. 841) and its implementing regulations (21 C.F.R. United States, No.
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