At the Lectern

DECEMBER 13, 2024

Superior Court (Mitchell) , the Supreme Court yesterday held that a superior court exceeded its jurisdiction in reducing a charged felony to a misdemeanor after a preliminary hearing and before sentencing. In general, an appeal stays the challenged trial court decision, but a writ petition does not.

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At the Lectern

JANUARY 12, 2023

The published portion of the Second District, Division One, partially published opinion held it was OK for the superior court to reject the prosecution’s stipulation that the defendant was entitled to resentencing for a 1981 murder. Walmart, Inc. ” (Published opinion here.)

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At the Lectern

JUNE 17, 2022

” In dismissing the fair housing claims, the superior court had relied on the opinion in AIDS Healthcare Foundation v. ” The dissenter said she was “confounded by [the superior court’s] failure to try more [felony trials for in-custody defendants] after fully reopening in June 2021.”

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At the Lectern

AUGUST 19, 2021

” The article’s author is Frank Menetrez , who now is a justice on the court that decided Leon , although he did not sit on the case. ” The court depublished the opinion of the Second District, Division Eight, in People v. .)” Lewis , which was decided on last month ; two more holding for People v.

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At the Lectern

NOVEMBER 24, 2021

Duke back to the Court of Appeal for reconsideration in light of Senate Bill 775. SB 1437 was enacted in 2018 to limit criminal liability for felony murder or murder under the natural-and-probable-consequences doctrine. Two weeks ago, the court made a similar transfer order in the fully briefed People v. See here.) See here.).

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At the Lectern

MARCH 13, 2024

Superior Court (Guevara) , where a divided Second District, Division Six, Court of Appeal published opinion granted a prosecution writ petition and overturned a superior court order reducing to eight years a three strikes sentence of 25-years-to-life, the third strike having been a non-serious, non-violent felony.

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JonathanTurley

NOVEMBER 22, 2022

He was charged (and later acquitted) of a felony under an Ohio law prohibiting the use of a computer to “disrupt” or “interrupt” police functions. However, the Supreme Court has now accepted the case for a reason. The assumption is often that it is unhappy with the lower court decision (which would be good news for Jack Daniels).

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SCOTUSBlog

APRIL 26, 2024

One of those four involves an issue on which the court already is considering 11 other relisted cases: whether the Sixth and 14th Amendments require the use of a 12-person jury to try defendants accused of felonies, rather than the six-person jury Florida affords for many such offenses. relisted after the Apr. relisted after the Apr.

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The Crime Report

OCTOBER 6, 2021

Newsom also signed legislation expanding on a 2019 law that limited the use of the felony murder rule, which previously allowed accomplices in felonies to be convicted of murder if someone died.

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ClimateChange-ClimateLaw

JULY 6, 2017

What is disputed is whether it is just or legal to convict Ward of felony crimes for acting peacefully and responsibly to prevent greater harm to the climate.” Austria’s Constitutional Court Reversed Lower Court Decision That Held Up Airport Expansion Based on Climate Change Concerns. ADDITION TO THE NON-U.S.

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SCOTUSBlog

NOVEMBER 27, 2023

At the same time, the jury found McElrath guilty but mentally ill on charges of felony murder (for felonies that result in a death, even if the defendant did not actually kill anyone) and aggravated assault. Period, full stop.

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The Crime Report

DECEMBER 8, 2022

Tripp spent a decade behind bars after taking an Alford Plea ; a jury convicted Noffsinger of three counts of felony child abuse, giving her three consecutive sentences of 31 to 47 months in prison. State courts have taken up this issue before. Supreme Court case, Diaz v. But there’s an exception stemming from another U.S.

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JURIST

JUNE 24, 2024

A handful of states — Alabama, Florida, Idaho, North Dakota, Oklahoma, and South Carolina, according to the advocacy group MAP — make it a felony to provide gender-affirming care to youths.

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Constitutional Law Reporter

APRIL 30, 2024

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.

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SCOTUSBlog

MAY 28, 2021

Rollins challenges a Massachusetts law that makes it a felony to secretly record the speech of anyone other than a law enforcement officer, irrespective of motive. Next, we explore the bounds of the Federal Arbitration Act, with a pair of petitions arguing that California’s efforts to restrict arbitration agreements undermine federal law.

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The Crime Report

NOVEMBER 2, 2023

An increasing number of Americans now believe US Supreme Court decision-making is based more on political ideology than the rule of law. Evidence that this disturbing trend is true can be found when taking a closer look at the shift in how the Court has dealt with juvenile cases dating back to 2005.

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SCOTUSBlog

OCTOBER 14, 2022

After obtaining a warrant to investigate the owner of the page, police arrested Novak under an Ohio law that makes it a felony to “disrupt, interrupt, or impair” police operations. Novak was acquitted at trial. City of Parma, Ohio.

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At the Lectern

APRIL 6, 2023

In In re Ferrell , the Supreme Court today grants habeas corpus relief to a petitioner convicted of second degree murder because an error in permitting the conviction to be based on an invalid felony-murder theory was not harmless. Today, the court does the evaluation itself. Offley (2020) 48 Cal.App.5th

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SCOTUSBlog

APRIL 20, 2022

Some older Supreme Court decisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. .

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The Crime Report

APRIL 6, 2022

The Oklahoma House has voted overwhelmingly for a Republican-sponsored bill that would make performing an abortion a felony punishable by up to 10 years in prison and a $100,000 fine, with the only exception being if the life of the mother is in danger, reports the Washington Post.

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At the Lectern

OCTOBER 11, 2023

The Fifth District unpublished Mancilla opinion , which filed before Schuller was decided, used a lesser standard of review, relying in part on one of the now-overruled Supreme Court decisions. There were eight criminal case grant-and-holds : three more waiting for a decision in People v. Criminal case grant-and-holds.

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The Crime Report

SEPTEMBER 7, 2023

A few months later in 2007 Lane was arrested and charged with a third-degree felony for failure to register as a sex offender. In September 2018, Lane challenged his 2007 conviction for failure to register based on the new appeals court decision. Lane did not keep the appointment.

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JURIST

FEBRUARY 5, 2022

The bill comes amidst the much-anticipated Supreme Court decision on Mississippi’s abortion law, which has the potential to drastically transform abortion rights in the US. An Arizona Senate committee Thursday voted in favor of a bill that prohibits abortions after 15 weeks of pregnancy.

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The Crime Report

JUNE 27, 2022

Some of these states had inactive preexisting laws banning abortion that have returned to effect in the wake of Roe, while others intentional passed “trigger laws” with language enacting their provisions the moment a court decision overturning Roe or an amendment or legislation codifying a state’s right to restrict abortion went into effect.

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SCOTUSBlog

MAY 31, 2024

And the court denied review to a group of 13 much-relisted cases that raised the question whether felony defendants have a constitutional right to a 12-person jury rather than just a six-person one. Justice Neil Gorsuch filed an opinion dissenting from the denial of cert , arguing that the court’s 1970 decision in Williams v.

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JonathanTurley

NOVEMBER 25, 2020

The decision in Folajtar v. The Attorney General of the United States may be one of the most perfectly tailored case for major Supreme Court decision. Indeed, the only thing lacking from the 2-1 decision is a mailing label directly to Justice Amy Coney Barrett. Sims, 377 U.S. 533, 555 (1964) (“The right to vote.

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Felony Government Court Laws 59

SCOTUSBlog

MAY 28, 2024

And over a dissent by Justice Neil Gorsuch, the justices declined to decide whether the Constitution guarantees the right to a trial by a 12-person jury when the defendant is charged with a felony. The question came to the court in the case of Natoya Cunningham , who was convicted by a six-person jury and sentenced to eight years in prison.

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The Crime Report

JUNE 24, 2022

A Supreme Court decision Thursday upending a century-old New York State gun licensing restriction has been called a major blow to state gun control interventions across the country. The Court released its opinion in New York State Rifle & Pistol Association (NYSRPA) v.

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At the Lectern

APRIL 3, 2025

[Related: Divided Ninth Circuit denies habeas relief to California death row inmate despite labeling a Supreme Court decision objectively unreasonable.] Superior Court , another case under SB 1437 , which limited criminal liability for felony murder and eliminated it for murder under the natural-and-probable-consequences doctrine.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline.

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SCOTUSBlog

FEBRUARY 20, 2025

The case comes two years after the Supreme Courts decision in Students for Fair Admissions v. Ames began work in 2004 as an executive secretary at the Ohio Department of Youth Services, which supervises the confinement and rehabilitation of children and teenagers who commit felonies.

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ClimateChange-ClimateLaw

MARCH 6, 2018

DECISIONS AND SETTLEMENTS. The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). order setting schedule Mar. 1, 2018; order denying remand and notice re tutorial Feb.

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JURIST

JULY 15, 2024

Trump’s latest court victory follows a Supreme Court decision granting him sweeping prosecutorial immunity for acts considered to be in the outer bounds of his official duties as president. In May, he was convicted of 34 felony counts of falsifying business records.

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The Estrin Report

MARCH 16, 2025

In one of only four cases to go to trial, Trump was convicted in New York state court of 34 felony charges involving hush money paid to a porn star. Furthermore, recent Supreme Court decisions curbing the power of regulatory agencies set the stage for an additional litigation surge.

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