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 11, 2023

That appears to be the case of Emory law professor, Darren Hutchinson , who has claimed that the late Supreme Court Justice Antonin Scalia was “basically a Klansman.” Both felony murder and the killing of an officer are commonly used as aggravating circumstances in capital cases. The Supreme Court agreed.

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Laws Felony Law School Court 54

JonathanTurley

FEBRUARY 14, 2023

The Supreme Court has held that “to the extent that [congressional officers] serve legislative functions, the performance of which would be immune. The court decided that Graham could be compelled to testify so long as investigators avoided discussing his legislative responsibilities. McMillan, 412 U.S. 306, 313 (1973); Gravel v.

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Litigation Litigating Felony Court 49

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. ” Given the use of plural nouns, the court ruled that it did not apply to stealing just one horse.

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Statute Misdemeanor Criminal Law Felony 60

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. In the Supreme Court’s habeas corpus jurisprudence, the answer is never simple. In 2019, the court ruled in Rehaif v.

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Felony Statute Government Court 105

JURIST

APRIL 6, 2022

The Oklahoma House of Representatives voted Tuesday to enact a law that makes it a felony to perform or attempt to perform an abortion, except to save the life of the pregnant woman in a medical emergency. Since the Supreme Court refused to enjoin the Texas law in December 2021 in Whole Women’s Health v.

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Felony Laws Court Constitutional Law 211

JURIST

APRIL 13, 2022

Two doctors joined two parents on behalf of their minor children to file a complaint Tuesday in federal court against the governor and the district attorneys of Alabama, Shelby County, and Jefferson County, to block Alabama’s Vulnerable Child Compassion and Protection Act (“VCCPA”) from going into effect on May 8, 2022.

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Felony Healthcare Laws Attorney 196

JonathanTurley

MAY 3, 2023

We recently discussed a federal judge enjoining the new Illinois law banning “assault weapons.” ” Now a gun shop in Naperville, Illinois has made it to the Supreme Court in seeking injunctive relief and Justice Amy Coney Barrett has given the proponents of the law until Monday to respond to the request.

Felony 38

Felony Drafting Court Laws 38

JonathanTurley

APRIL 15, 2021

The United States Court of Appeals for the Sixth Circuit this week upheld an Ohio law that bans doctors from performing abortions when they know the reason a woman is seeking an abortion is that her baby has Down syndrome. It is a major win for pro-life advocates but could face an appeal to the Supreme Court. The new law, H.B.

Laws 44

Laws Felony Court Constitutional Law 44

JonathanTurley

JULY 24, 2022

In my view, the law violates the First Amendment and should be scuttled by the legislature. Otherwise, it would likely be struck down by the courts. The language below is reminiscent of laws making it illegal to share information on committing suicide. However, overreach can result in creating new and limiting precedent. (A)

Felony 48

Felony Laws Drafting Litigation 48

JURIST

AUGUST 6, 2023

The US Fifth Circuit Court of Appeals ruled Friday that an 1890 state constitutional provision permanently preventing people convicted of certain felonies from voting, Section 241, is unconstitutional. This end-justifies-means analysis has no place in constitutional law.”

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Laws Court Felony Constitutional Law 191

JonathanTurley

FEBRUARY 4, 2023

There is a major ruling this week in the United States Court of Appeals for the Fifth Circuit where a three-judge panel ruled unanimously in United States v. Rahimi that the federal bar on gun possession for individuals under a domestic violence restraining order violates the Second Amendment.

Felony 44

Felony Court Statute Government 44

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

Felony 56

Felony Court Laws Government 56

JonathanTurley

OCTOBER 27, 2023

Nevertheless, Rodrigues declared “it is a felony under Florida law to ‘knowingly provide material support … to a designated foreign terrorist organization.’” The Supreme Court has repeatedly struck down such content-based bans and has been particularly protective of free speech in higher education.

Education 66

Education Felony Government Court 66

JonathanTurley

JUNE 9, 2023

Many migrants are released soon after capture, including some without a hearing date or court dates that are years in the future. Moreover, it is not clear how transporting migrants who entered the country illegally to another state is a violation of law. The reason is that these claims are made for cable news, not courts of law.

Laws 52

Laws Misdemeanor Attorney Felony 52

JonathanTurley

JUNE 24, 2024

Through various contortions, Bragg converted a dead misdemeanor case into 34 felonies in an unprecedented prosecution. New Yorkers and the media insisted that such selective prosecution was in defense of the “rule of law.” This week in the Supreme Court, a glimpse of the legal landscape outside of Manhattan came more sharply into view.

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Legal Legal Laws Court 79

JonathanTurley

DECEMBER 9, 2024

The Supreme Court has held that to the extent that [congressional officers] serve legislative functions, the performance of which would be immune. if done by Congressmen, these officials enjoy the protection[s] of the Speech or Debate Clause.

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Felony Laws Constitutional Law Criminal Law 85

JonathanTurley

NOVEMBER 25, 2020

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.”

Felony 59

Felony Government Court Laws 59

JonathanTurley

JUNE 29, 2022

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. It can go up to 10 yeas for felonies like manslaughter, which were the charges brought against two defendants. Rick Snyder.

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Attorney Statute Felony Court Rules 59

JonathanTurley

JANUARY 18, 2021

As the Supreme Court itself has shown, new cases will often force a reexamination of what were collateral issues. In the Clinton impeachment, Democrats accepted (as ultimately did a federal court) that Clinton committed perjury – a clear felony – for lying under oath.

Misdemeanor 57

Misdemeanor Legal Legal Felony 57

JonathanTurley

NOVEMBER 23, 2023

” That advocacy is being used to suggest that the group is guilty of a felony under Florida law to knowingly provide material aid or resources to a designated foreign terrorist organization. 7 attack as the result of Israel’s “apartheid, ethnic cleansing, indiscriminate bombing” and other “provocations.”

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Education Felony Laws Constitutional Law 44

JonathanTurley

JUNE 17, 2022

It was due to the paucity of direct evidence of a crime that would hold up in court. LEXIS 1033 *, 2021 WL 633384, the court noted: Attempted murder requires a finding of specific intent to kill such that implied malice is insufficient to support a conviction for that offense. See People v. Gillespie, 2022 Cal. Indeed, in People v.

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Mens Rea Law School Laws Felony 57

JonathanTurley

FEBRUARY 4, 2021

a person is guilty of first degree murder when he or she specifically intends to kill another purposely with premeditation and deliberation, or kills while in the process of committing a felony. Gentile (Riverside County Court December 2020).” GENTILE Opinion of the Court by Liu, J. .” In Washington, D.C.,

Felony 59

Felony Court Legal Legal 59

JonathanTurley

FEBRUARY 24, 2021

The use of snap impeachment was unwise but constitutional. You can have a constitutional impeachment and an unconstitutional impeachment trial. It is like saying that a court must try a case because a grand jury properly indicted an individual. Courts can dismiss such cases on constitutional or legal flaws.

Felony 38

Felony Legal Legal Constitutional Law 38

JonathanTurley

JUNE 30, 2023

The defense could come at a cost at trial, but it is a calculated risk for the court of public opinion. The odds are against Trump on ultimately prevailing with that argument in the courts. The bravado defense is likely to play better with the public than a court. Trump repeated that defense this week.

Felony 36

Felony Law School Constitutional Law Laws 36

JonathanTurley

OCTOBER 2, 2023

If it were intended to disrupt the congressional proceedings, it could be treated as a felony. this would more likely constitute a criminal misdemeanor. Jonathan Turley is the Shapiro professor of public interest law at George Washington University and a practicing criminal defense attorney. It could be a crime.

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Misdemeanor Attorney Felony Constitutional Law 53

JonathanTurley

DECEMBER 10, 2024

United States (1997), which involved federal requirements that states cooperate on gun control measures, the Supreme Court enforced an anti-commandeering line that allowed states to refuse such federal orders. The Supreme Court has warned that financial penalties can be so coercive that they effectively commandeer states.

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Immigration Government Felony Healthcare 77

JonathanTurley

FEBRUARY 8, 2021

It did not matter that the Supreme Court has roundly rejected such sweeping interpretations of bribery, extortion and related political corruption. Others claimed Trump committed “felony bribery” by fundraising for Republican senators when he was about to be impeached. One possible reason is that it would collapse in court.

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Finance Legal Legal Entertainment 58

JonathanTurley

MAY 26, 2021

The actual prosecutors at Main Justice found that not only would the allegations not meet the standard for obstruction of justice but that it would still be the case even if Trump was not the President of the United States.

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Lawyer Lawyers Attorney Felony 84

JonathanTurley

OCTOBER 5, 2023

Here is the column: Hunter Biden returned to court today on the felony indictment for his possession of a handgun, including allegations that he lied on an Oct.12, Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School.

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Calendaring Felony Law School Constitutional Law 66

JonathanTurley

JANUARY 29, 2021

However, he has adopted broad interpretations in justifying prosecution or impeachment of Trump from issues like emoluments with the same assurance of clarity and certainty (despite opposing rulings from various courts). He was calling for impeachment from the earliest days of the Trump Administration. That includes impeachable tweets.

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Felony Finance Legal Legal 59

JonathanTurley

JUNE 14, 2021

Fred Schilling, US Supreme Court. Below is my column in the Hill on decisions issued by the Supreme Court in recent weeks and how they have served as a retort to those who are calling for court packing or major changes in the institution. The decisions were Terry v. Last week, the decision in Van Buren v.

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Court Felony Laws Constitutional Law 50

JonathanTurley

DECEMBER 7, 2020

From bribery statutes to constitutional provisions, legal experts routinely and unfailingly conclude that Trump or his family can be prosecuted or impeached for an endless array of misdeeds. Even theories denied by the Supreme Court are seen as valid when used against Trump.

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Criminal Law Depose Constitutional Law Misdemeanor 37

JonathanTurley

DECEMBER 20, 2022

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.

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Mens Rea Felony Drafting Court Rules 59

JonathanTurley

NOVEMBER 21, 2020

Some of these questions are being addressed in the courts. According to the Washington Post , Dana Nessel “is conferring with election law experts on whether officials may have violated any state laws prohibiting them from engaging in bribery, perjury and conspiracy.” And yet, it’s back. In Kelly v.

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Statute Felony Lawyer Lawyers 59

JonathanTurley

AUGUST 26, 2023

Two IRS whistleblowers recently confirmed that the expiration of potential tax felony crimes was raised with Weiss and the Department of Justice (DOJ). The deal disassembled in court after a few questions from the presiding judge about sweeping immunity language and other curious elements.

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Misdemeanor Attorney Statute Felony 59

JonathanTurley

JULY 28, 2023

District Court for the District of Delaware. That is not even including potential felony charges for the original gun violation , money laundering, or other crimes. Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School.

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Felony Law School Constitutional Law Laws 59