LexForti

JUNE 4, 2021

It would be imperative to take into cognizance the concept of jurisdiction which is a conglomeration of two terms, such as juris (meaning “law”) and diction (meaning “to speak”), which can be translated as presuming the appropriate forum that has the potential to “speak the law.”

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Cause of Action Court Entertainment Constitutional Law 52

Constitutional Law Reporter

NOVEMBER 18, 2024

Supreme Court has returned to the bench for its November oral argument session. While none of the cases are considered “blockbusters,” the Court considered key issues related to employment, securities, healthcare, and white-collar criminal law. The Court will now weigh in to resolve the circuit split. .§

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Healthcare Court Constitutional Law Criminal Law 52

LLRX

OCTOBER 29, 2021

Selin Professor of Constitutional Democracy, reviews how this battle between the two branches of government over access to presidential information raises questions about the constitutional authority of Congress and how lawmakers acquire the information needed to hold the executive branch accountable in the U.S. Jennifer L.

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Government Court Legal Research Constitutional Law 92

JonathanTurley

JUNE 14, 2022

There is an interesting case out of Ohio where the state Supreme Court has ruled that Lake County Common Pleas Court Judge Eugene Lucci erred when he gave Manson Bryant, 35, an added six years after Bryant called him “racist as f**k.” Sentenced in March 2019, Bryant was respectful and remorseful before the court.

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Court Laws Attorney Constitutional Law 50

Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. The justices unanimously held that a defendant “uses” another person’s means of identification “in relation to” a predicate offense when the use is at the crux of what makes the conduct criminal. In Durbin v. United States , 599 U.S. _ (2023), the U.S.

Statute 52

Statute Healthcare Court Constitutional Law 52

JonathanTurley

SEPTEMBER 9, 2021

Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech.

Tort 42

Tort Court Compensatory Damages Punitive Damages 42

JonathanTurley

NOVEMBER 14, 2021

The statement could effectively knock out the misdemeanor gun possession count — the one count that could still be in play for the jury after the prosecution’s case on the more serious offense appeared to collapse in court. Criminal laws are supposed to be interpreted narrowly.

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LexForti

JUNE 3, 2021

Thirdly, no individual should be coerced or be compelled to produce evidence and disclose information that has the likelihood of being used against him/her during court proceedings. AN ELABORATION ON ‘EX POST FACTO’ LAW: ARTICLE 20(1) OF THE INDIAN CONSTITUTION. The landmark judgement of Kedar Nath v.

Criminal Law 52

Criminal Law Court Laws Constitutional Law 52

JonathanTurley

APRIL 2, 2022

Now, an appellate court has upheld a $25 million judgment against the small college and Oberlin earned every penny of that penalty. Oberlin maintained in court filings that the son and grandson of the owners of Gibson’s Bakery “violently and unreasonably attacked” an unarmed student, but that is not how the police viewed it.

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Punitive Damages Court Misdemeanor Felony 43

JonathanTurley

JANUARY 25, 2024

The district court rejected the effort. With that change, Smith now seeks to enjoin the Defendants from carrying out his death sentence using the Protocol, arguing it unconstitutionally superadds pain such that the court should order the Defendants to amend it or execute him by firing squad, a ‘relatively uncommon and archaic’ method.”

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Court Government Legal Legal 34

JonathanTurley

JANUARY 3, 2021

Smith (1990) , the Supreme Court rejected the claim of exemption of tribes from the federal criminal prohibition on the sue of peyote from the general application of its criminal laws. Mayes (1896) where the Court declined to apply individual rights protections to a tribal proceeding. Conversely, in Morton v.

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Human Resources Construction Government Criminal Law 47

JonathanTurley

JUNE 30, 2021

Bill Cosby is a free man after the Pennsylvania Supreme Court overturned the conviction that sent him to jail roughly three years ago to serve 3-10 years for sexual assault. He proceeded to incriminate himself in what the Court said was a bait-and-switch. The court yielded to prosecutorial demands that were facially unconstitutional.

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Tort Depositions Laws Statute 65

JonathanTurley

MAY 7, 2021

The Court has adopted a highly permissive approach that has fueled the increased use of parallel federal prosecutions. The Supreme Court has also emphasized that, as separate sovereign powers, the federal government retains the right prosecute for its own crimes. The foundation for this rule was laid in Blockburger v.

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Government Court Laws Constitutional Law 58

JonathanTurley

OCTOBER 19, 2021

We have seen criminal charges for videotaping crime scenes in other countries. In 2009, the New York courts ruled that Metro workers were not legally required to assist a woman being raped at a station. Even though Bigan dared Yania to jump into the hole full of water, the court found that this made no difference.

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Tort Misdemeanor Legal Legal 56

JonathanTurley

MAY 19, 2021

The case could present an important court test for this country in resisting the criminalization of speech that we have seen in Europe. Supreme Court weighs the right of schools to punish students for out-of-school speech in Mahanoy Area School District v. The Supreme Court accelerated that trend in its Morse decision.

Misdemeanor 56

Misdemeanor Statute Laws Court 56

JonathanTurley

FEBRUARY 7, 2023

However, courts have steadily increased the scope of these orders despite the curtailment of First Amendment rights. 3 to restrict comments from prosecutors, the defense, law enforcement and other officials. Courts have become untethered from the narrow parameters laid down by the Supreme Court in prior cases.

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JonathanTurley

MARCH 6, 2023

City of Fort Smith , the court heard a similar case. The United States Court of Appeals for the Eighth Circuit ruled that the verbal abuse was still protected speech. The United States Court of Appeals for the Eighth Circuit ruled that the verbal abuse was still protected speech. In 1971, the Court ruled in Cohen v.

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Court Rules Court Drafting Laws 37

JonathanTurley

DECEMBER 8, 2020

Michael Luttig was a member of the United States Court of Appeals for the Fourth Circuit (1991-2006) and was assistant attorney general for the Office of Legal Counsel at the Justice Department (1990-1991). I recognize that this becomes circular on both sides but it does not significantly favor the constitutional interpretation.

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Laws Legal Legal Attorney 48

JonathanTurley

MARCH 10, 2022

The case came before the court after the district court granted summary judgment, on qualified immunity grounds, in favor of Las Vegas Metropolitan Police Department Detective Christopher Tucker. Bartlett (2019) [the relevant Supreme Court precedent -EV]. Notably, in Ballentine v. Tucker was sued under 42 U.S.C. ” …. [T]he

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Statute Court Laws Constitutional Law 9

JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. 568, 572 (1942), the Court has sharply abridged the application that exception.

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Statute Misdemeanor Court Rules Court 42

JonathanTurley

MARCH 20, 2021

In a real first amendment case, a court would have little patience with such a standard as a limitation on free speech. The Supreme Court has long opposed such vague terms as the basis for sanctions not only as a free speech matter but a matter of due process. So the question is whether it is disparaging. DeBartolo Corp.

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Laws Law School Statute Construction 43

SCOTUSBlog

JUNE 26, 2023

Share On Friday the Supreme Court issued its decision in United States v. The question before the justices was whether a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully violates the First Amendment’s guarantee of the freedom of speech.

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Conflict of Laws

AUGUST 15, 2024

The book explores the approach of English courts to jurisdictional issues in foreign direct liability (FDL) claims brought against English-based parent companies and their foreign subsidiaries as co-defendants. Chapter 4 examines the capacity and challenges faced by English courts in adjudicating foreign direct liability (FDL) claims.

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Tort Litigation Litigating Court 64

JonathanTurley

DECEMBER 1, 2024

As if to prove her point, Faeser allegedly unleashed her office on Bendels and threatened him with a criminal prosecution for lampooning her views. The court has already imposed a fine, but according to some reports, jail time is possible. If true, this would seem a major story in using criminal laws to police parodies.

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Government Criminal Law Laws Court 79

JonathanTurley

JULY 24, 2021

Courts look to two elements in entrapment cases. 540 (1992), the Court ruled that a Nebraska man convicting of receiving child pornography through the mail was entrapped. convincing him that he had or should have the right to engage in the very behavior proscribed by law.” In Jacobson v. United States , 503 U.S.

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Government Court Laws Court Rules 62

JonathanTurley

MAY 25, 2021

Now, Smith is asserting the right to charge him with rape in the same case after the prosecution and the court signed off on the plea agreement. Notably, this attack occurred when the courts were conducting a major review of this law. In 2018, the Court of Appeal of Kansas address a case of a citizen grand jury.

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Statute Laws Court Court Rules 57

JonathanTurley

NOVEMBER 15, 2022

The move is relatively rare since the Younger abstention doctrine ordinarily shields state prosecutions from such interventions of federal courts. However, the court highlighted deep flaws in the prosecutorial case. The court expresses grave doubts that the charges were brought with “any hope of obtaining a valid conviction.”

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Statute Court Depositions Immigration 29

JonathanTurley

JANUARY 5, 2022

The Supreme Court has repeatedly declared that the “minimal standards of due process” demand “a panel of impartial, indifferent jurors.” Nevertheless, I have been critical of judges who turn a blind eye to juror bias , including false answers on jury forms.

Constitutional Law 58

Constitutional Law Criminal Law Court Laws 58

JonathanTurley

MARCH 28, 2024

The United States Court of Appeals for the Fifth Circuit has blocked border enforcement by the state under Texas’s SB 4. Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. The state can no seek a review with the Supreme Court itself.

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Immigration Government Laws Court 76

JonathanTurley

NOVEMBER 15, 2021

Any first-year law student knows that you cannot comment on the silence of a Mirandized defendant after an arrest under the Fifth Amendment – let alone ignore a court order. The judge correctly tore into the prosecutor. Biased media viewers. Even without the unforced errors by the prosecution, this was always a difficult case.

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Court Misdemeanor Legal Legal 60

JonathanTurley

FEBRUARY 6, 2023

We recently discussed the ruling of the United States Court of Appeals for the Fifth Circuit striking down a ban on gun ownership by individuals accused of domestic abuse. The court noted that this provision “is rarely used by prosecutors, as it accounts for only about 5% of prosecutions brought under § 922.” Barr , 919 F.3d

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Felony Court Laws Government 56

JonathanTurley

JANUARY 8, 2023

The United States Court of Appeals for the Fifth Circuit has handed down a major opinion in Cargill v. And if the statute is ambiguous, Congress must cure that ambiguity, not the federal courts. The holding was supported by a rule of lenity that “penal laws are to be construed strictly.” Garland , No.

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Statute Criminal Law Court Government 52

JonathanTurley

APRIL 26, 2024

As expected, with the exception of the three liberal justices, the Court appears to be struggling to find a more nuanced approach that would avoid the extreme positions of both parties. It has been almost 50 years since the high court ruled presidents have absolute immunity from civil lawsuits in Nixon v. Fitzgerald.

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Criminal Law Court Court Rules Attorney 87

JonathanTurley

NOVEMBER 23, 2022

The latest provision involves the possible criminal prosecution for possessing a gun on private property if owner has not approved such possession on the premises. It passed with the help of a special session in the resumption of this inexorable cycle and has already resulted in court losses. Bruen, 142 S. in Christian v.

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Laws Court Entertainment Sports 60

JonathanTurley

APRIL 21, 2021

It is not clear if the court polled the jury on trial coverage, particularly after the inflammatory remarks of Rep. Where she charged that Trump sought to incite violence and intimidate Congress, Waters is being denounced for inciting violence and intimidating the trial court. And that never sits particularly well with a trial court.

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Court Attorney Constitutional Law Criminal Law 56

JonathanTurley

DECEMBER 9, 2023

The state legislature continues to crank out flagrantly unconstitutional gun control laws to please its political base, but the result is to further expand gun rights with a litany of court losses. I previously wrote about the latest New York gun law passed after the Court’s ruling in New York State Rifle and Pistol Association v.

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Laws Court Lawyer Lawyers 70

JonathanTurley

MARCH 8, 2023

That portrayal of Chansley would have been more difficult to maintain if the Court was allowed to see images of Chansley casually walking through a door of the Capitol with hundreds of other protesters and then being escorted by officers through the Capitol. It certainly would have been material to the court in sentencing the conduct.

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