At the Lectern

JUNE 26, 2023

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terms applies retroactively and, when so applied, doesn’t jeopardize a plea agreement reached under the harsher superseded law.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 Stamps (2020) 9 Cal.5th

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Livesay&Myers

APRIL 5, 2021

Effective July 1, 2021, Virginia law will no longer require a corroborating witness for a divorce based on no-fault grounds. The new law makes it significantly easier to obtain a no-fault divorce in Virginia. The post New Law Makes No-Fault Divorce Easier in Virginia appeared first on Livesay & Myers, PC.

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Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. The appeals court found that the “plain meaning” of the word “use” is “to employ for the accomplishment of some purpose” or “ ‘to avail oneself of,” (quoting Black’s Law Dictionary 1776 (10th ed. Facts of the Case.

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At the Lectern

JUNE 17, 2021

Esquivel today expands the number of convicted defendants who can take advantage of new statutes that reduce prison terms and that apply retroactively to non-final judgments. if the defendant may still timely obtain direct review of an order revoking probation and causing the state prison sentence to take effect.

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The Crime Report

NOVEMBER 2, 2023

On Wednesday, Digmon was also charged with two felony counts of violating state ethics law for allegedly using her school board position to solicit a thing of value by selling more than $2,500 in advertisements to the board. ” Abuse of grand jury information is a felony under Alabama law.

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SCOTUSBlog

OCTOBER 28, 2022

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. Here is the background: 18 U.S.C. §

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The Crime Report

OCTOBER 18, 2021

“Most defendants in federal firearms cases are charged pursuant to the Gun Control Act of 1968, which regulates interstate and foreign firearms commerce and prohibits certain persons, such as those with felony convictions, from possessing a firearm,” the study said. Federal law also penalizes the criminal use of firearms.

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The Crime Report

JANUARY 18, 2022

While most Americans believe arrested people go to court soon after their arrest, Constitutional guarantees of a “fair and speedy trial” are infrequently honored in our under-resourced criminal justice system, according to a study produced by the Deason Criminal Justice Reform Center at the Southern Methodist University Dedman School of Law.

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JonathanTurley

JUNE 7, 2023

At issue was the federal “felon-in-possession” law—18 U.S.C. § The federal law makes it “unlawful for any person. When his wife recently bought him a deer-hunting rifle, he learned that he was barred under federal law. It also is an appeal that would be made by the United States over the invalidation of a federal statute.

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The Crime Report

APRIL 11, 2022

Starr County, Texas district attorney Gocha Allen Ramirez, has dismissed the murder charge levied against Lizelle Herrera for having a “self-induced abortion,” saying that it was clear that she did not commit a criminal act under state law, reports the New York Times.

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At the Lectern

JANUARY 3, 2021

to settle an important question of law.” Some superior court judges even agreed with those district attorneys, ruling SB 1437 to be in violation of the state constitution. Some superior court judges even agreed with those district attorneys, ruling SB 1437 to be in violation of the state constitution. Apparently not.

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At the Lectern

AUGUST 19, 2021

Menetrez, a former Horvitz & Levy attorney, wrote the article before becoming a judge. A concurring opinion in Leon notes that the Ninth Circuit has relied on the Supreme Court decision to construe the immunity narrowly so that “the same issue of California law likely would be decided differently in a federal courthouse.”

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The Crime Report

OCTOBER 5, 2021

For decades, attorneys, activists, academics, and even judges have openly critiqued the War on Drugs and its associated harsh enforcement policies such as mandatory minimum sentencing. The relationship between anti-gun and anti-drug initiatives becomes clear when looking at felony convictions.

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The Crime Report

APRIL 8, 2022

The remaining 97 percent have been decided by plea bargain: an arrangement made between a prosecutor, defense attorney, judge, and the defendant under which an individual enters a guilty or no contest plea in exchange for a reduction in the level of a charge, a reduced number of charges, or the recommendation of a lighter sentence.

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At the Lectern

JUNE 10, 2024

Horvitz & Levy is co-counsel for amicus UC Irvine law school’s Consumer Law Clinic.) 328) apply retroactively to a defendant, serving a suspended-execution sentence, whose probation was revoked before the law went into effect? Association of Deputy District Attorneys for Los Angeles County v. 1950 (Stats. 1950 (Stats.

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At the Lectern

OCTOBER 14, 2022

5th 1169 concerning 2021’s Assembly Bill 333 (see here ), but the opinion declined to resolve a split in Court of Appeal authority whether one part of the new law — Penal Code section 1109 , which requires an enhancement charge to be tried only after a jury finds the defendant guilty of the underlying offense — is retroactive.

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At the Lectern

APRIL 29, 2021

where the Second District, Division Five, Court of Appeal, in a published opinion , affirmed almost $170,000 in attorneys fees after a jury awarded less than $22,000 for a violation of the Song-Beverly Consumer Warranty Act (commonly known as the “lemon law”) in the sale of a used car. HNL Automotive Inc.

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At the Lectern

NOVEMBER 11, 2021

Four-justice separate statement, citing amicus letters, urges legislative action on vessel speed limit statute. The court also agreed to hear Law Finance Group, LLC v. Those, and other actions of note, were: Supreme Court will decide constitutionality of LGBT rights legislation. Supreme Court signs off on two more clemency grants.

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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. percent of violent felony arrests were of suspects with open cases in 2019. Critic: Bail Reform Made Things Worse. percent of total arrests and 20.2

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JonathanTurley

DECEMBER 5, 2023

First, there is the gifted attorney and expert on issues ranging from trains to energy. The Justice Department has allowed felonies to lapse against Hunter, but these would be new potential charges with new dates under the statute of limitation. We will have to wait for the public hearing to see which Hunter will appear.

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At the Lectern

MARCH 11, 2022

” The opinion also mentioned the University of Pennsylvania Law School’s Covid Coverage Litigation Tracker website. Attorney fees. includes attorney fees. ” The majority held the statute doesn’t apply to “plea agreements with a stipulated prison term.” HNL Automotive Inc.

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The Crime Report

SEPTEMBER 8, 2022

Felony drug distribution carried a maximum sentence of 30 years and a fine up to $500,000 when I practiced as a prosecutor in DC. I saw this happen regularly throughout my 12 years as a prosecutor: a law passed under one stated objective is in practice applied differently, and harmfully—especially for Black and brown people.

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At the Lectern

APRIL 11, 2024

5th 932, the majority reasoned, “Because a second voluntary dismissal in federal court is claim preclusive in a federal question case, the plaintiff cannot strip out the federal claims and file the action in state court solely as a California law action.” ” Lawsuit dismissal and res judicata.

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JonathanTurley

OCTOBER 23, 2021

b) Involuntary—in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This incident could well prove a violation of a statute or regulation making the act “negligent per se.”

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The Crime Report

MARCH 7, 2022

Among the city’s five district attorneys, this rate ranged from a high of 23 percent in Manhattan to just 1 percent in the Bronx, where just a single hate crime arrest out of a total of 92 resulted in a hate crime conviction since District Attorney Darcel Clark took control of the office in 2016.

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ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. A number of different parties had lined up on either side of the issue of whether EPA’s stay was lawful. and non-U.S.

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SCOTUSBlog

MAY 28, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the scope of the First Amendment — specifically, whether a law forbidding clandestine recordings is overbroad and whether a state may require individuals to carry identification cards labeled “SEX OFFENDER.” HRB Tax Group, Inc.

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Broadcast Law Blog

JANUARY 22, 2010

Because the station cannot censor the candidate ad (except in the exceptionally rare situation where the airing of the ad might violate a Federal felony statute), the broadcaster has no liability for the contents of the ad. In fact, the Communications Act forbids a station from censoring a candidate ad.

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SCOTUSBlog

MAY 31, 2024

And the court denied review to a group of 13 much-relisted cases that raised the question whether felony defendants have a constitutional right to a 12-person jury rather than just a six-person one. Justice Neil Gorsuch filed an opinion dissenting from the denial of cert , arguing that the court’s 1970 decision in Williams v. Kentucky ex rel.

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The Crime Report

SEPTEMBER 7, 2023

1994 to 2023 Prior to 1994, there were few states that required offenders convicted of sex offenses to register with local authorities—a registration that allows local law enforcement to monitor the location of sex offenders in their jurisdiction. The Texas Legislature in 1991 enacted the state’s first sex offender registration program.

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SCOTUSBlog

APRIL 26, 2021

Refugio Palomar-Santiago’s case illustrates two broader themes: first, the various interactions between the civil immigration and criminal legal systems, and second, the ongoing complexity of the immigration laws. In 1990, Palomar-Santiago became a lawful permanent resident.

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SCOTUSBlog

MAY 28, 2024

And over a dissent by Justice Neil Gorsuch, the justices declined to decide whether the Constitution guarantees the right to a trial by a 12-person jury when the defendant is charged with a felony. The justices should also weigh in, Avenatti contended, on whether an attorney can be held liable for extortion for his conduct during litigation.

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JonathanTurley

DECEMBER 27, 2023

I was highly skeptical of the charges brought by Circuit Attorney Kim Gardner, who was later removed from the case due to ethical concerns. As such, the state law on the seizure of the weapons stands. banc 2016), Hill pleaded guilty to and was convicted of felony forgery. Dep’t of Liquor Control (Mo. In Bill v.

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SCOTUSBlog

MARCH 19, 2024

Share The Supreme Court will hear oral arguments on Wednesday in the case of a 76-year-old Texas woman , Sylvia Gonzalez, who was arrested on charges that she had violated a state law that prohibits tampering with government records. But the defendants in the case counter that Gonzalez’s approach would “wreak havoc on law enforcement.” “No

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JonathanTurley

DECEMBER 8, 2023

The six misdemeanor charges and three felonies carry a potential sentence of 17 years for alleged tax evasion and filing a false return. The Justice Department inexplicably allowed the statute of limitations to run on the most serious allegations involving payments from years going back to 2016. It could have been worse.

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JonathanTurley

JUNE 9, 2023

California Attorney General Rob Bonta (D) chimed in, declaring the flight from Florida might be “ State-sanctioned kidnapping.” Attorney for the District of Massachusetts, announced that she was taking a look, “long and hard,” at potential charges. First, let’s look at the law. Gavin Newsom (D-Calif.)

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JonathanTurley

MAY 28, 2024

There is still debate among legal experts as to the specific crime that District Attorney Alvin Bragg is alleging. Trump’s lawyers are defending a former president who is charged under a state misdemeanor which died years ago under the statute of limitations. It wasn’t hush money. It was consideration.”

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