JURIST

NOVEMBER 8, 2022

If it had chosen to hear the case, the court could have decided whether it is inherent within the Constitution that criminal defendants are entitled to a trial by a jury of 12 or more members of the community. This deviation from the standard 12-person jury was permitted by the 1970 US Supreme Court ruling in Williams v.

Felony 249

Felony Court Court Rules Criminal Law 249

JURIST

JUNE 12, 2021

The US Supreme Court on Thursday overturned a ruling by the US Court of Appeals for the Sixth Circuit that “reckless” crimes qualify as violent felonies for purposes of the Armed Career Criminal Act (ACCA). ” Petitioner Charles Borden Jr. ” Petitioner Charles Borden Jr.

Felony 161

Felony Mens Rea Court Rules Court 161

JonathanTurley

APRIL 21, 2021

Garner addressed a fleeing unarmed suspects and found the state statute too broad: The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. It is not better that all felony suspects die than that they escape.

Felony 57

Felony Statute Court Rules Court 57

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.”

Statute 59

Statute Misdemeanor Criminal Law Felony 59

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 39

Felony Laws Court Attorney 39

JonathanTurley

JUNE 16, 2021

to prevent the commission of a forcible felony; ?or. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. However, an officer is justified in using deadly force only if the officer: (1)?has

Tort 56

Tort Felony Court Laws 56

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.

Government 128

Government Court Felony Laws 128