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The North Carolina Court of Appeals on Friday blocked a lower court order that would restore voting rights to more than 55,000 North Carolinians on parole or probation for a felony. ” Advocates for the formerly incarcerated are expected to appeal the appellate court’s decision to the North Carolina Supreme Court.
Attorney General Dana Nessel has lost the Flint case in spectacular fashion this week. In an unanimous 6-0 ruling, the Michigan Supreme Court held that her office committed a fatal and inexplicable error in prosecuting nine officials for the Flint water crisis, including former Gov. Rick Snyder. juror) to charge them.”
Documents that Governor Gavin Newsom lodged under seal in support of a request for Supreme Court permission to commute Elaine Wong ’s life without parole sentence will likely be made available to the public, at least in part. This is the second time a governor has sought a court recommendation to commute Wong’s sentence.
The court granted the Attorney General’s petition for review in People v. The cases concern resentencing a defendant whose felony-murder conviction is tossed under subsequent legislation narrowing the felony-murder rule. ” The Supreme Court denied the defendant’s petition for review in Howard.
The court’s unanimous opinion by Chief Justice Tani Cantil-Sakauye holds to be not final, and thus eligible for resentencing, “ a case in which a defendant is placed on probation with execution of an impose d state prison sentence suspended. The courtruled similarly last year in People v. McKenzie (2020) 9 Cal.5th
Prudholme , the Supreme Court today holds that legislation reducing maximum probation terms applies retroactively and, when so applied, doesn’t jeopardize a plea agreement reached under the harsher superseded law. In People v. Stamps (2020) 9 Cal.5th
The court denied two defendants’ petitions for review in People v. Batiste — where the Supreme Court directed the appellate court to “consider whether the summary reversal procedure used is appropriate in light of California Constitution, article VI, sections 3 and 14, People v. Rules of Court, rule 8.200(a).”
The defendants face charges of felony murder and false imprisonment. Defense attorneys argue that the three men did not commit any crimes and that they shot Arbery in self-defense due to their suspicion that Arbery was a burglar. Arbery was unarmed. Jury selection is scheduled to begin on October 18.
The Fourth Circuit Court of Appeals ruled that a West Virginia federal district court had erred in concluding that it had jurisdiction to consider the coal company Murray Energy Corporation’s and its affiliates’ lawsuit that sought to compel EPA to conduct evaluations of the Clean Air Act’s employment effects. 47641-0-II (Wash.
Texas’ trigger law has officially gone into effect, making performing an abortion a felony punishable by up to life in prison and a civil penalty of not less than $100,000, plus attorney fees, with only narrow exceptions to save the life of a pregnant patient, reports the Texas Tribune.
Additionally, the court did not find that FOSTA violates the First Amendment. FOSTA makes it a felony to own, manage or operate an “interactive computer service” with the intent to promote or facilitate the prostitution of another person.
The survivors and families of the victims joined in a lawsuit against the US government, alleging negligence under the Brady Handgun Violence Prevention Act due to the government’s failure to prevent Kelley from purchasing a firearm despite his prior felony convictions.
A federal court in Guam Friday denied a request to reinstate a total abortion ban on the island of Guam. The Attorney General of Guam Douglas Moylan filed the motion to reinstate the ban. ” Here, the courtruled that the US Supreme Court’s decision in Dobbs v. 20-134 , should remain in effect.
A federal appeals courtruled that Gonzalez’s case could not go forward because she had not provided examples of others who had engaged in the same kind of conduct but had not engaged in protected speech and had not been arrested. The district attorney ultimately declined to pursue the charges against Gonzalez.
Rollins challenges a Massachusetts law that makes it a felony to secretly record the speech of anyone other than a law enforcement officer, irrespective of motive. whose attorneys contribute to SCOTUSblog in various capacities, is counsel to the respondents in this case. Project Veritas Action Fund v. In Louisiana v. Louisiana v.
A “cottage industry” has emerged in the past few years to fight for wrongfully convicted individuals, ranging from Conviction Integrity Units (CIUs) operated by district attorneys’ offices, to nonprofit or university-based groups like the Innocence Project and Northwestern University’s Exoneration Project.
Oklahoma , the Supreme Courtruled that the eastern half of Oklahoma remains “Indian country” for purposes of the Major Crimes Act , meaning that the federal government, not the state, has authority for prosecuting Native Americans for major crimes committed on reservations. Court of Appeals for the 10th Circuit upheld the CADA.
At its weekly conference yesterday, the Supreme Courtruled on only 76 matters, 59 if you don’t count disposals of previous grant-and-hold cases. But there were notable actions, including: Felony murder resentencing. Taking yet another Senate Bill 1437 case, the court agreed to decide People v. Uriostegui.
Meetra Mehdizadeh, Staff Attorney at the Center for Reproductive Rights, raised concerns over the ban’s potential negative impacts, saying: This extreme law does nothing to protect people’s health. Jackson Women’s Health Organization in June 2022, setting North Dakota’s ban to take effect 30 days after the decision.
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. ” The Third District found substantial evidence supported the ruling. Strong (2022) 13 Cal.5th Lewis (2021) 11 Cal.5th
The courtruled that Georgia’s prior citizen’s arrest law is only applicable if a person sees a felony committed and acts without delay. The ruling could be “outcome determinative” in the case by stripping away the core defense that these men were chasing a person suspected of a series of crimes over the last year.
Division One had no problem with the admission of statements the defendant made in jail — after he requested an attorney — to “an undercover detective and a cooperating individual, who were posing as fellow inmates.” Rules of Court, rule 4.551, subd. (c)(1); 29; see also Cal. c)(1); People v.
In a 6-3 decision Ex parte Danny Richard Lane , the state’s highest criminal appeals courtruled that Texas’ historical doctrine of “judicial clemency” does not forgive sex offender registration. A few months later in 2007 Lane was arrested and charged with a third-degree felony for failure to register as a sex offender.
Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Kentucky , the Supreme Courtruled that it is unconstitutional to strike jurors in a criminal trial because of their race. A list of all petitions we’re watching is available here.
Contra Costa County District Attorney Diana Becton is among a small group of district attorneys working to dial back decades of tough-on-crime approaches. Statistics on her roughly 100-attorney staff shared with The Imprint show that in 2017, 43 percent were women. Photo by Ashleigh Reddy.
Last year, the court restricted the ability of state prisoners to develop new evidence to support claims that their attorneys failed to investigate leads that could have shown they were factually innocent. 922(g) prohibits people with felony convictions from possessing a firearm. In 2019, the courtruled in Rehaif v.
In 1991, he received a felony conviction for driving under the influence under California law and completed his sentence. The government alleged that he was removable, despite having a green card, because it believed that his 1991 DUI constituted an “aggravated felony” under the immigration laws.
The Attorney General of the United States may be one of the most perfectly tailored case for major Supreme Court decision. The Supreme Court recognized that this is not an “unlimited” right under the Constitution while affirming the right of “law-abiding, responsible citizens to use arms in defense of hearth and home.”
On Wednesday, Judge Scott McAfee of the Fulton County Superior Courtruled that six of the charges should be dropped for a “lack of detail concerning an essential legal element,” an oversight the judge described as “fatal.” Kimbrough, 300 Ga.
In a 2022 interview, Harpster defended his program and noted that he has also helped defense attorneys argue for suspects’ innocence. While there is no index that lists cases in which bloodstain-pattern analysis played a role, state appellate courtrulings show that the technique has played a factor in felony cases across the country.
attorney in Los Angeles and a second summer as a summer associate at Munger, Tolles & Olson. During her time in the Department of Justice, Kruger twice received the attorney general’s award for exceptional service, the department’s “highest award for employee performance.” Supreme Court’s 2013 decision in Maryland v.
Yesterday, Arizona Attorney General Kris Mayes became the latest Democratic prosecutor to suggest a possible criminal charge against former President Donald Trump. After the riot, District of Columbia Attorney General Karl Racine was widely praised when he announced that he was considering arresting Trump, Donald Trump Jr.,
The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. The court said the writer had already availed himself of the remedy offered by D.C.’s
After the riot, District of Columbia Attorney General Karl Racine announced that he was considering arresting Trump, Donald Trump Jr., ” ) In other words, the natural and probable consequences doctrine may apply to felony murder, but it is not properly applied to attempted murder. Those are plenty to start with.”.
The federal district court for the Eastern District of California held that more analysis of the impacts climate change would have on a water transfer program for the Sacramento/San Joaquin Delta was required under NEPA. In a letter to the court on March 2, the parties asked the court to defer further briefing on the U.S.-based
Experts like Harvard law professor Laurence Tribe have previously declared Trump’s felonies were shown “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” That speech appears protected by the First Amendment and existing Supreme Court precedent. At 4:17 p.m., In Brandenburg v.
Court of Appeals for the 6th Circuit to lift those orders while they appealed. The court of appeals refused, instead expediting argument. By a split vote, the 6th Circuit then reversed the lower courts’ rulings , concluding that the states were likely to win their appeals. The court thus allowed the laws go into effect.
New York Attorney General Letitia James (D) ran on a pledge to bag former president Donald Trump. Manhattan District Attorney Alvin Bragg also pledged to get Trump. Through various contortions, Bragg converted a dead misdemeanor case into 34 felonies in an unprecedented prosecution.
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