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Panel Holds that Ohio Aggravated Burglary Statute Does Not Count as Predicate Violent Felony under ACCA. 

SquirePattonBoggs

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

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Hong Kong court convicts two former Stand News journalists of sedition

JURIST

” 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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Good Doc, Bad Doc: Supreme Court Finds Prescriber Knowledge Counts

FDA Law Blog

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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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law Blog

The Second Circuit’s Interpretation of the AKS and its Mens Rea Element. The Court instead interpreted the term, as used in the AKS, to mean an intentional violation of a known legal duty, but concluded that “the mens rea element goes no further.” 14, 2022 to decide whether to grant certiorari.

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Cannabis, property tax opinions filing tomorrow

At the Lectern

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.”

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Venue (and Changing Venue) in Criminal Trade Secret Cases

Patently O

US , 21-1576 (Supreme Court 2022). Of these, elements 1 and 4 are mens rea elements rather than conduct elements and so the 11th Circuit found them irrelevant to the venue question. by Dennis Crouch. Timothy Smith v. D intended or at least knew that the offense would injure the owner of the trade secret; and. ” U.S.

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Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute

FDA Law Blog

July 25, 2022. The Court instead concluded that the term, as used in the AKS, is “more accurately understood as a voluntary, intentional violation of a known legal duty…the mens rea element goes no further” (internal quotations omitted). Pfizer, Inc. Department of Health and Human Services et al.

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