JURIST

APRIL 21, 2022

In the 1993 case of Brecht , the US Supreme Court said the test for a grant of habeas relief should be determined by whether the defendant suffered actual prejudice from a state-court error. Kagan described the majority holding as an unnecessary barrier to habeas courts and the parties before them.

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Court Rules Court Laws Criminal Law 104

JURIST

MARCH 29, 2021

The California Supreme Court ruled Thursday that keeping people in jail based solely on their inability to post bail is unconstitutional. The purpose of bail is to protect the public interest and to assure that those who are released from jail will return to court.

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Court Rules Court Legal Legal 80

JURIST

NOVEMBER 8, 2022

This deviation from the standard 12-person jury was permitted by the 1970 US Supreme Court ruling in Williams v. Justices Gorsuch and Kavanaugh dissented to the court’s denial.

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Felony Court Court Rules Criminal Law 249

JURIST

OCTOBER 24, 2021

The Court on Friday concluded that email services are different from conventional telecommunication providers in Switzerland, and thus, should not be subject to the same kinds of data storage requirements.

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Government Data Management Technology Court Rules 197

JURIST

APRIL 23, 2021

.” In January, a different panel of judges at the same court excluded the application of the principle where crimes against humanity and war crimes are concerned, and ordered the Japanese government to award about $90,000 each to the 12 plaintiffs in that suit.

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Court Government Court Rules Legal 212

The Crime Report

JUNE 11, 2021

The Supreme Court ruled Thursday that prior convictions for crimes of reckless violence aren’t sufficient to trigger additional years of imprisonment for felons convicted of gun possession, reports the Wall Street Journal. Lower courts rejected his argument, and he was sentenced under the career-criminal law.

Criminal Law 111

Criminal Law Court Rules Court Laws 111

Conflict of Laws

FEBRUARY 13, 2024

The Lafarge case highlights the stakes of transnational criminal law and its interplay with private international law. Interactions between criminal jurisdiction and conflict of laws. A flexible interpretation including foreign law would lead to a (too) broad extension of French courts’ criminal jurisdiction.

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Litigation Litigating Court Rules Laws 75

JURIST

APRIL 25, 2022

” The Pennsylvania Supreme Court ruled that the such a statutory scheme constitutes “compelled submission to general jurisdiction by legislative command” and violates the Constitution. Mallory appealed to the Supreme Court for review.

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Statute Court Court Rules Criminal Law 196

JonathanTurley

JUNE 20, 2024

Ojibway (8 Criminal Law Quarterly 137 (1965-66)), a Canadian indigenous tribe member puts down a suffering horse but is then charged under a criminal provision for shooting a bird under the Small Birds Act (R.S.O.). In Regina v.

Court Rules 66

Court Rules Statute Court Construction 66

JonathanTurley

JULY 7, 2021

The National Instant Criminal Background Check System (NICS) showed Kelley as eligible to buy such firearms despite his 2012 conviction by a general court martial of domestic assault on his wife and child. The court ruled that. That should have made him ineligible.

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Court Rules Punitive Damages Court Government 59

SCOTUSBlog

MAY 23, 2022

Although the Supreme Court’s 2012 decision in Martinez v. Ryan permitted defendants to raise such claims for the first time in federal court, on Monday the court ruled 6-3 that they cannot develop evidence to support those claims.

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Court Statute Lawyers Lawyer 145

JURIST

APRIL 5, 2022

Dwyer appealed to the Irish Court of Appeal and argued that traffic and location data of his phone calls were improperly admitted as evidence at trial. Dwyer separately initiated a civil action in Ireland’s High Court challenging a 2011 Irish data law on the basis that it violated EU law.

Data Management 104

Data Management Court Court Rules Laws 104

SCOTUSBlog

APRIL 29, 2022

In overturning the death sentence, the Supreme Court ruled that the Sixth Amendment guarantees a defendant the right to choose the objective of his defense and to insist that his counsel refrain from admitting guilt. After McCoy , Tyler unsuccessfully sought relief in Louisiana state courts. In Tyler v.

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Lawyers Lawyer Court Court Rules 94

SCOTUSBlog

JUNE 28, 2022

The opinion is a victory for physicians prescribing innovative treatments that they believe serve legitimate medical purposes, and it should assuage concerns about a ruling that could have chilled more doctors from prescribing needed pain treatments. The case, Ruan v.

Mens Rea 101

Mens Rea Government Criminal Law Statute 101

JonathanTurley

NOVEMBER 14, 2021

Criminal laws are supposed to be interpreted narrowly. It is called the “rule of lenity” and has been around in the English system for centuries. For example, in 1547, the court was faced with a law making it a felony of steal “Horses, Geldings or Mares.”

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Statute Misdemeanor Criminal Law Felony 59

Paralegal Bootcamp

NOVEMBER 28, 2023

Criminal law is a big thing. What I’m hearing from a compliance perspective is this would be similar to a paralegal role where you’re constantly looking up what’s the court rule or how can we follow it to the letter? The biggest thing with compliance is what is the intent of the law. Yes and no.

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Paralegal Paralegals Personal Injury Healthcare 226

SCOTUSBlog

FEBRUARY 24, 2022

Justice Sonia Sotomayor asked Kimberly if there was an “easy fix” for the tribe and the federal government to avoid double jeopardy problems in future cases in the event that the Supreme Court rules in favor of Denezpi. Kimberly responded that there are two easy fixes, both of which, he asserted, respect tribal sovereignty.

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Government Court Laws Attorney 91

Conflict of Laws

JUNE 17, 2022

The Court ruled that since neither panel was conferred governmental authority, § 1782 discovery would be inappropriate in both instances. Justice Barrett, writing for a unanimous Court, adopted a textual approach to the question.

Statute 52

Statute Court Criminal Law Court Rules 52

The Crime Report

DECEMBER 15, 2021

This assessment was confirmed by J.Pete Blair, who reviewed over 100 false confession cases in his study “A Test of the Unusual False Confession Perspective: Using Cases of Proven False Confessions” ( Criminal Law Bulletin Vol. In 1969 the Supreme Court ruled in Frazier v. 1, Number 2).

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Lawyers Lawyer Court Attorney 126

LegalTalkNetwork

JULY 3, 2019

Florida Bar President John Stewart sits down with host Laurence Colletti for a conversation about his journey to leadership, emphasis on technology, and upcoming objectives including a new pilot program with the Supreme Court of Florida to evaluate current court rules. MyFloridaBar pic.twitter.com/T6FRVCwELH.

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JURIST

OCTOBER 2, 2024

Germany’s Federal Constitutional Court ruled Tuesday that multiple provisions of the country’s Federal Criminal Police Office Act (BKA Act) are unconstitutional because they infringe upon citizens’ privacy rights. Furthermore, the court ruled section 45(1) first sentence no. 2 and 18(2) no.

Court Rules 197

Court Rules Court Laws Data Management 197

JonathanTurley

APRIL 21, 2021

Connor , the court held that the question of whether an officer used excessive force “requires careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting (..)

Felony 59

Felony Statute Court Rules Court 59

JonathanTurley

MARCH 6, 2023

The court ruled that “mere epithets” directed at a law enforcement officer are not exempt from First Amendment protections as fighting words. The Supreme Court has routinely ruled that the First Amendment protects profanity. In 1971, the Court ruled in Cohen v. California , 403 U.S.

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Court Rules Court Drafting Laws 38

JonathanTurley

OCTOBER 19, 2021

In 2009, the New York courts ruled that Metro workers were not legally required to assist a woman being raped at a station. In torts, there is no duty to rescue rule. That was the holding in the famous ruling in Yania v.

Tort 57

Tort Misdemeanor Legal Legal 57

Conflict of Laws

MARCH 30, 2021

At first instance, the Singapore High Court ruled against all three defendants. Joseph did not appeal, but Jonathan and Derek did, arguing, inter alia , that Foster barred Lyu’s non-contractual claims against them because Chinese law prohibited their transaction.

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Laws Contract Tort Government 52

JonathanTurley

MAY 12, 2021

.” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent. This includes Virginia state court rulings that the statute must be confined to speech that has “a direct tendency to cause acts of violence by the person to whom, individually, [the language is] addressed.”

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Statute Misdemeanor Court Rules Court 43

JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts.

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Tort Court Compensatory Damages Punitive Damages 43

JURIST

AUGUST 7, 2024

Sara Sandford, Attorney and former Chair of the ILS, stated that “the American Bar Association stood up for the rule of law and protection of human rights” by adopting the resolution. Speaking to JURIST, Regina M.

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Criminal Law Attorney Court Rules Laws 288

MyCase

AUGUST 1, 2022

This is particularly helpful for law firms in practice areas with a high volume of client appointments and court appearances, such as criminal law and family law. . For example, you’re covered if you and your team members schedule dozens of client appointments and numerous court appearances every month.

Law Firm 52

Law Firm Law Firms Lawyer Lawyers 52

JonathanTurley

JUNE 16, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The Court sought to create “breathing space” for the media by articulating that standard that now applies to both public officials and public figures.

Tort 58

Tort Felony Court Laws 58

JonathanTurley

NOVEMBER 21, 2021

The court ruled that Georgia’s prior citizen’s arrest law is only applicable if a person sees a felony committed and acts without delay. The ruling could be “outcome determinative” in the case by stripping away the core defense that these men were chasing a person suspected of a series of crimes over the last year.

Felony 42

Felony Laws Court Attorney 42

JonathanTurley

MARCH 10, 2021

In this case, the court ruled that that burden was not satisfied. The court distinguished between the duty to the mother as opposed to the girlfriend: Here, it is uncontroverted that Loyd never actually communicated to Benton that he intended to harm Melissa. ” Rodriguez v. Catholic Health Initiatives , 297 Neb.

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Court Tort Statute Laws 33

SCOTUSBlog

MARCH 19, 2024

A federal appeals court ruled that Gonzalez’s case could not go forward because she had not provided examples of others who had engaged in the same kind of conduct but had not engaged in protected speech and had not been arrested.

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Government Court Felony Laws 131

JURIST

APRIL 9, 2024

This law was part of the Howell Code , a comprehensive set of laws enacted by the territory’s First Legislative Assembly, encompassing procedural regulations and establishing criminal laws ranging from bigamy to duels to mayhem. The 2022 ruling Dobbs v.

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Laws Court Statute Criminal Law 249

SquirePattonBoggs

MARCH 11, 2024

That case arose in the crosshairs of a complex and changing area of criminal law. The Supreme Court had granted review of a case, Beckles v. The Sixth Circuit sent Embry down “to the district court, to be held in abeyance pending the Supreme Court’s decision in Beckles.” Laufer case free from mootness.

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Court Criminal Law Court Rules Litigating 69

JonathanTurley

NOVEMBER 20, 2021

If a court finds such a status, he would be subject to a higher standard of proof under New York Times v. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The court received the money on behalf of Rittenhouse.

Litigation 11

Litigation Litigating Tort Laws 11

JonathanTurley

MAY 3, 2021

Fitzgerald , the Supreme Court ruled that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”. In 1982, in Harlow v.

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Government Court Rules Education Court 59