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US Supreme Court rules reckless offenses do not qualify as ‘violent felony’

JURIST

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.

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US Supreme Court declines to hear case regarding jury size in felony trials

JURIST

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.

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

JonathanTurley

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. Criminal laws are supposed to be interpreted narrowly.

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Arbery Trial Judge Delivers Massive Blow to the Defense on the Eve of Closing Statements

JonathanTurley

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.

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Columbus Shooting Sparks Protests Despite Videotape Showing Knife Attack

JonathanTurley

Garner and other case law. 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.

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Indianapolis Police Officer Sues NFL For Defamation in Anti-Racism Campaign

JonathanTurley

The use of force in such a circumstance is justified under Indiana Code 35-41-3-3(b): A law enforcement officer is justified in using reasonable force if the officer reasonably believes that the force is necessary to effect a lawful arrest. ?However, to prevent the commission of a forcible felony; ?or.

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Texas city council member argues retaliatory arrest

SCOTUSBlog

Share The Supreme Court will hear oral arguments on Wednesday in the case of a 76-year-old Texas woman , Sylvia Gonzalez, who was arrested on charges that she had violated a state law that prohibits tampering with government records. Senior U.S.