Constitutional Law Reporter

JULY 19, 2023

Supreme Court held that to establish that a statement is a “true threat” unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of the statements’ threatening nature, based on a showing no more demanding than recklessness. The Colorado Supreme Court denied review. In Counterman v.

Mens Rea 52

Mens Rea Court Constitutional Law Statute 52

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.

Mens Rea 55

Mens Rea Law School Laws Felony 55

JonathanTurley

DECEMBER 20, 2022

That is a far cry from evidence showing mens rea — “guilty mind.” That speech appears protected by the First Amendment and existing Supreme Court precedent. There were discussions of appointing Trump attorney Sidney Powell as a special counsel , seizing voting machines or replacing the Justice Department’s leadership.

Mens Rea 59

Mens Rea Felony Drafting Court Rules 59