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

SCOTUSBlog

United States that Section 922(g) requires the government to prove that the defendant knew he was prohibited from possessing a firearm. There is no provision for new rules of statutory interpretation.

Statute 101
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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. On the Government’s reading, an employee who sends a personal e-mail or reads the news using a work computer has violated the CFAA.

Statute 59
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Locked and Loaded: Third Circuit Declares Federal Gun Law Unconstitutional Over Ex-Felon Rights

JonathanTurley

” The government conceded that four of the five favored Range, but Pratter found that he was still properly barred under the “cross-jurisdictional consensus” among other states. Rickey Kanter was convicted of one count of felony mail fraud for defrauding Medicare in connection with therapeutic shoe inserts.

Laws 58
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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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Was Rittenhouse’s Possession of the AR-15 Unlawful?

JonathanTurley

At trial, however, prosecutor Thomas Binger at points seemed to be learning the governing law from Rittenhouse. Criminal laws are supposed to be interpreted narrowly. For example, in 1547, the court was faced with a law making it a felony of steal “Horses, Geldings or Mares.”

Statute 59
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Appellate Court Upholds $25 Million Award Against Oberlin in Mob Action Against Family Grocery

JonathanTurley

Aladin was charged with robbery, which is a second degree felony, and Whettstone and Lawrence were charged with first degree misdemeanor assault. 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.