This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
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 Courtruling in Williams v.
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.
The US Supreme Courtruled unanimously Monday against a non-US citizen who was contesting his indictment for unlawful re-entry into the country. In 1998, an immigration judge found that Palomar-Santiago had committed an aggravated felony under the federal immigration laws when he was convicted for driving under the influence.
Despite her investigation turning up 215 felony charges, these charges dealt with the tampering of driver’s licenses or social security cards, not government petitions. Following this ruling, Gonzales can pursue her claim of retaliation against the county.
The US Supreme Courtruled Thursday that a Michigan college student is unable to proceed with a Federal Tort Claims Act (FTCA) lawsuit against two federal officers who tackled him after mistaking him for a fugitive in 2014. ” The case now returns to the Sixth Circuit for further consideration on this issue.
A lifetime ban on voting by people convicted of some felonies in Mississippi does not constitute cruel and unusual punishment, a federal appeals courtruled…
Share A fractured Supreme Court on Thursday narrowed the scope of a key phrase in the Armed Career Criminal Act, ruling that crimes involving recklessness do not count as “violent felonies” for the purpose of triggering a key sentencing enhancement. The Supreme Court reversed that decision on Thursday. The case, Borden v.
“Appeals Court Overturns Mississippi’s Lifetime Ban on Voting for Former Felons; A federal appeals court said that barring people convicted of certain felonies from voting pointlessly denied them access to ‘the democratic core of American citizenship’”: Michael Wines of The New York Times has this report.
The ruling in Wooden v the United States sparked a debate over the specific language of the law and how it applies to multiple crimes committed all at once, reports the New York Times.
“Supreme Court Limits Sweep of Law on Mandatory Minimum Sentences; Violent felonies committed recklessly do not count in deciding whether 15-year terms are required under the Armed Career Criminal Act, the justices ruled”: Adam Liptak of The New York Times has this report. ” Jordan S. .”
“‘Hot Pursuit’ Doesn’t Always Justify Entry, Supreme CourtRules; The mere flight of a person suspected of a minor crime, without more, does not allow police officers to enter homes without warrants, the court said”: Adam Liptak of The New York Times has this report. ” David G. .”
.” Recent rulings in lower courts across the country have mirrored Thomas’s guidance to stay consistent with how states have historically regulated gun ownership, striking down gun restrictions involving young adults, people facing felony charges, and makers of homemade guns.
Tens of thousands of people serving punishments for felony convictions in North Carolina but who aren’t behind bars can now register to vote and cast ballots following an appeals courtruling, reports the Associated Press.
Paul, Minnesota reports that “ Felony rape charge doesn’t apply if victim got herself drunk, Minnesota Supreme Courtrules.” ” You can access today’s ruling of the Supreme Court of Minnesota at this link. .” Andy Mannix of The Minneapolis Star Tribune has this report.
David Snyder, executive director of the First Amendment Coalition, writes in the Sacramento Bee about the Supreme Court’s recent administrative order revising its policy about the confidentiality of records submitted to the court by a governor that support requests for clemency recommendations.
The North Carolina Court of Appeals on Friday blocked a lower court order that would restore voting rights to more than 55,000 North Carolinians on parole or probation for a felony.
A fractured US Supreme Courtruled Monday in Wooden v. The government charged him under the ACCA, which would subject Wooden to a 15-year mandatory minimum sentence, but only if he had three prior violent felonies.
Eight years later, an immigration judge found that his California conviction for driving under the influence was an aggravated felony under the federal immigration laws. But six years after his deportation, the Supreme Courtruled in Leocal v. Sessions )—to not constitute aggravated felonies.
United States is not entitled to a new trial or plea hearing unless he “makes a sufficient argument or representation on appeal that he would have presented evidence at trial that he did not in fact know he was a felon,” the courtruled Monday in the cases of Greer v. United States and United States v.
United States , the Supreme Court analyzed the Armed Career Criminal Act ’s force clause or elements clause. Under the ACCA, a person who has three violent felony convictions and is then convicted of possessing a firearm faces a mandatory minimum sentence of 15 years. The case came to the court after Charles Borden Jr.
The cases concern resentencing a defendant whose felony-murder conviction is tossed under subsequent legislation narrowing the felony-murder rule. ” The Supreme Court denied the defendant’s petition for review in Howard. Rules of Court, rule 8.528(d); In re Benoit (1973) 10 Cal.3d
A collection of renewable fuel producers, the Renewable Fuels Association (RFA), challenged the orders in the US Court of Appeals for the Tenth Circuit. The courtruled that the EPA had exceeded its authority in granting the extension. HollyFrontier petitioned the Supreme Court for review.
This is the second time a governor has sought a court recommendation to commute Wong’s sentence. The state constitution requires a recommendation before clemency can be granted to anyone who has been “twice convicted of a felony.” However, the record from Brown’s request was partially unsealed in 2021.
The North Carolina Court of Appeals issued a ruling Tuesday that a man should not lose his parental rights because of strict parole conditions imposed by another state. In 2014, the father, who is not named in the opinion, was convicted of two felonies involving sexual conduct with a 14-year-old in Indiana.
The Supreme Court today approved a new policy for how it treats files submitted by a Governor when asking the court to recommend clemency. An affirmative recommendation is a constitutional prerequisite to a gubernatorial pardon or sentence commutation for anyone who has been “ twice convicted of a felony.”. See rule 8.45
People with felony or violent misdemeanor convictions, restraining orders, or serious mental illness are all included on the list. A new Office of Gun Violence Prevention in California will reduce gun violence by keeping guns away from “dangerous individuals” and promoting research and data collection, the Washington Post reports.
Plaintiff alleged that after he criticized defendant union, defendant accused him of misusing union funds and caused him to be charged with two state felonies. In this opinion, the Supreme Courtruled that the trial court was correct to dismiss the case. internal citation omitted). Continue reading
Lisa Folajtar is barred because of a felony conviction for willfully making a materially false statement on her tax returns. Raymond Holloway cannot possess firearms because of a misdemeanor conviction for driving under the influence.
The courtruled similarly last year in People v. ” The change in the law in Esquivel is Senate Bill 136 , which, in 2019, restricted what had been a generally applicable enhancement for prior felony prison and jail terms to one that is now imposed only for those prior terms served for sexually violent offenses.
Jaimes , but it granted the Attorney General’s request to depublish the Fifth District’s divided, partially published opinion that held the superior court erroneously responded to a jury question about the meaning of a charged sentence enhancement for a person “convicted of a felony committed. Renteria , below.).
In an unanimous 6-0 ruling, the Michigan Supreme Court held that her office committed a fatal and inexplicable error in prosecuting nine officials for the Flint water crisis, including former Gov. It can go up to 10 yeas for felonies like manslaughter, which were the charges brought against two defendants. Rick Snyder.
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.” The problem with the Wisconsin statute is not a problem of pluralization but definition.
Alabama is on track to pass a bill that would make providing any gender-affirming treatment for transgender youth a felony. The post Federal appeals courtrules professors do not to have to respect student pronouns appeared first on JURIST - News - Legal News & Commentary.
The US Supreme Courtruled Friday in US v. The crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. .” The US District Court Southern District of Texas ruled in favor of the states, enjoining Homeland Security from enforcing the memorandum. .”
The defendants face charges of felony murder and false imprisonment. The post Superior Courtrules Arbery’s mental health records can’t be used at trial appeared first on JURIST - News - Legal News & Commentary. Arbery was unarmed. Jury selection is scheduled to begin on October 18.
Share Federal immigration law requires the deportation of noncitizens who are convicted of an aggravated felony, which includes offenses “relating to obstruction of justice.” By a vote of 6-3, the Supreme Courtruled on Thursday in Pugin v. Such “redundancies are common in statutory drafting,” Kavanaugh wrote.
Texas’ trigger law has officially gone into effect, making performing an abortion a felony punishable by up to life in prison and a civil penalty of not less than $100,000, plus attorney fees, with only narrow exceptions to save the life of a pregnant patient, reports the Texas Tribune.
Whether they were convicted of serious felonies or misdemeanors, registrants must check in with their sheriff’s office and pay $20 every three months. Missing check-ins or falling behind $40 on fees for more than two weeks is a felony. People convicted of drug, violent or sex crimes must register on the list.
Additionally, the court did not find that FOSTA violates the First Amendment. FOSTA makes it a felony to own, manage or operate an “interactive computer service” with the intent to promote or facilitate the prostitution of another person.
The survivors and families of the victims joined in a lawsuit against the US government, alleging negligence under the Brady Handgun Violence Prevention Act due to the government’s failure to prevent Kelley from purchasing a firearm despite his prior felony convictions.
” The conflict follows a Supreme Courtruling on January 22, wherein the court sided with the Biden administration in a dispute over a barrier along the southern border. The court, in a 5-4 decision, allowed federal officials to modify or remove parts of a razor-wire barrier erected by Texas along the border. .”
Under this rule, the movant has the burden of showing that there has been a “significant change in facts or law [that] warrants revision of the decree.” ” Here, the courtruled that the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization , which overturned Roe v.
The ruling was met with praise from the Michigan governor. is a Michigan law enacted in 1931 which made all abortions a felony unless it was necessary to save the mother’s life. After the ruling on Roe v. A Michigan judge Tuesday blocked the enforcement of a 1931 state law which would ban abortions in the event Roe v.
We organize all of the trending information in your field so you don't have to. Join 99,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content