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Delaware legislature passes constitutional amendment proposal modifying bail system

JURIST

The proposed amendment allows the General Assembly to make other felonies unbailable. However, the accused of these felonies can be detained without bail under two conditions in addition to sufficient proof of committing the offense. The only capital offense in Delaware is first-degree murder.

Felony 104
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SCOTUS Rules Double Jeopardy Bans Retrial of Defendant Found Non-Guilty by Reason of Insanity

Constitutional Law Reporter

Facts of the Case After petitioner Damian McElrath killed his mother, the State of Georgia charged him with three crimes related to her death: malice murder, felony murder, and aggravated assault. The court vacated both the malice-murder and felony-murder verdicts pursuant to Georgia’s so-called repugnancy doctrine, and authorized retrial.

Felony 59
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Supreme Court to Clarify What Constitutes Identity Theft

Constitutional Law Reporter

The post Supreme Court to Clarify What Constitutes Identity Theft appeared first on Constitutional Law Reporter. A jury found Dubin guilty of one charge of healthcare fraud and aggravated identity theft. Oral arguments have not yet been scheduled, but a decision is expected before the term ends in June 2023.

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SCOTUS Adopts Narrow Interpretation of Computer Fraud Act

Constitutional Law Reporter

Although Van Buren used his own, valid credentials to perform the search, his conduct violated a department policy against obtaining database information for non-law-enforcement purposes. The post SCOTUS Adopts Narrow Interpretation of Computer Fraud Act appeared first on Constitutional Law Reporter.

Statute 59
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Police Groups Ask The University of Minnesota To Investigate Student’s Call To Make Life “Hell” For Officers

JonathanTurley

Whoever violates subdivision 2, clause (2), is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the call triggers an emergency response and, as a result of the response, someone suffers great bodily harm or death. 2b.Other felony offenses.

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In habeas case, the liberal justices try to untangle a complex statute

SCOTUSBlog

The government presented no such evidence at Jones’s trial – under the law at the time, it didn’t have to in order to sustain a conviction – and although he had 11 prior felony convictions, Jones testified that he believed his record had been expunged. Thus, Jones argues, he is serving a prison term for conduct that is not a crime.

Statute 102
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Locked and Loaded: Third Circuit Declares Federal Gun Law Unconstitutional Over Ex-Felon Rights

JonathanTurley

Rickey Kanter was convicted of one count of felony mail fraud for defrauding Medicare in connection with therapeutic shoe inserts. Judge Pratter looked at five factors to determine whether Range was an “unvirtuous citizen” due to his conviction as a historical justification for the denial of gun possession.

Laws 57