SCOTUSBlog

JUNE 14, 2021

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 court ruled Monday in the cases of Greer v. United States and United States v.

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SCOTUSBlog

JUNE 24, 2021

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.

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At the Lectern

MAY 3, 2023

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.

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At the Lectern

MARCH 16, 2023

At yesterday’s Supreme Court conference , a double one, actions of note included: Court allows clemency for one, returns files to be redacted for four others. 5th 135 decision (see here ), the court declined to address the first issue ( id. ” The Supreme Court denied the defendant’s petition for review in Howard.

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SCOTUSBlog

OCTOBER 26, 2022

Judge Priscilla Richman wrote separately to say that although “there is undeniably a split among circuit courts” on this issue, Dubin’s actions came within the statute’s literal prohibition against “us[ing], without lawful authority, a means of identification of another person.”. We should have a better idea what the court thinks on Monday.

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SCOTUSBlog

JANUARY 15, 2021

Lisa Folajtar is barred because of a felony conviction for willfully making a materially false statement on her tax returns. Issue : Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense. Customs and Border Protection.

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SCOTUSBlog

NOVEMBER 2, 2022

In its petition , Abitron argues that the approach of the 10th Circuit conflicts from those of other circuits, which apply a total of six different tests for “deciding whether the Lanham Act governs a defendant’s foreign conduct.”. In April, the court called for the views of the solicitor general , and her brief arrived in latish September.

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SCOTUSBlog

MARCH 18, 2024

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Kentucky , the Supreme Court ruled that it is unconstitutional to strike jurors in a criminal trial because of their race. A list of all petitions we’re watching is available here.

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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.

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At the Lectern

APRIL 22, 2021

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.).

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SCOTUSBlog

MARCH 30, 2022

Similar constitutional challenges have been brought against a range of California laws governing subjects from foie gras to low-carbon fuel , but despite a relist or two along the way, the court has taken none of them. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus.

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SCOTUSBlog

APRIL 20, 2022

Instead, the Georgia Supreme Court upheld “general jurisdiction” over Cooper on the ground that Cooper, by registering as a foreign corporation in Georgia, had consented to suit in Georgia as a condition of doing business in the state. The government has filed a confession of error, agreeing the offense does not qualify.

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JonathanTurley

NOVEMBER 14, 2021

At trial, however, prosecutor Thomas Binger at points seemed to be learning the governing law from Rittenhouse. 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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JURIST

JUNE 24, 2023

The US Supreme Court ruled 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 crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview.

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At the Lectern

OCTOBER 14, 2022

.” The dissent criticized the majority for improperly “substituting its judgment for that of the trial court.” The court unheld People v. Rules of Court, rule 4.551, subd. (c)(1); ” Gang enhancements. 29; see also Cal. c)(1); People v. Romero (1994) 8 Cal.4th Duvall (1995) 9 Cal.4th

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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

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SCOTUSBlog

JUNE 24, 2023

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 Court ruled on Thursday in Pugin v. Such “redundancies are common in statutory drafting,” Kavanaugh wrote.

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SCOTUSBlog

MARCH 19, 2024

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. Gonzalez came to the Supreme Court, which agreed last fall to weigh in.

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ClimateChange-ClimateLaw

JULY 6, 2017

The Fourth Circuit Court of Appeals ruled that a West Virginia federal district court had erred in concluding that it had jurisdiction to consider the coal company Murray Energy Corporation’s and its affiliates’ lawsuit that sought to compel EPA to conduct evaluations of the Clean Air Act’s employment effects.

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The Crime Report

JANUARY 6, 2023

People walk dangerous routes when the government eliminates or fails to provide legal avenues that are safe, permanent and predictable whether it’s across the street or across an international border. When someone ‘jaywalks’ from the Mexican side of the border to the U.S. Dr. Ivón Padilla-Rodríguez.

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JURIST

JANUARY 26, 2024

” The conflict follows a Supreme Court ruling 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.

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SCOTUSBlog

OCTOBER 28, 2022

Court of Appeals for the 8th Circuit ruled he cannot pursue a petition because he already filed a motion under Section 2255, which bars him from filing a successive petition, and he should have raised his claim earlier. 922(g) prohibits people with felony convictions from possessing a firearm.

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The Crime Report

JUNE 22, 2022

The landmark 5-4 ruling also concluded that the Kansas law governing the practice did not constitute double jeopardy since it merely authorized “civil” rather than “criminal” commitments. Between 1999 and 2015, Texas Health and Safety Code §made minor program rules violations a felony offense.

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JURIST

DECEMBER 27, 2023

US District Judge Liles Burke rejected a request from the US government to stay the case while appeals courts determine the appropriate standard of review for state bans on gender-affirming care for transgender youth, which is a central issue to the case before Burke.

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The Crime Report

DECEMBER 7, 2023

During Prelogar’s oral argument, she contended that the government should be able to prohibit possession of firearms by individuals who are not “law-abiding,” which the arguments defined as being convicted of a felony, and also by those who are “dangerous” or “not responsible.”

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SCOTUSBlog

OCTOBER 8, 2021

Oklahoma , the Supreme Court ruled that the eastern half of Oklahoma remains “Indian country” for purposes of the Major Crimes Act , meaning that the federal government, not the state, has authority for prosecuting Native Americans for major crimes committed on reservations. Court of Appeals for the 10th Circuit upheld the CADA.

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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. Two more petitions ask the court to weigh in on arbitration issues. Two petitions ask the justices to take up novel First Amendment issues. Project Veritas Action Fund v.

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The Crime Report

OCTOBER 6, 2021

Of the 1,385,258 people in prison for felony convictions in 2019, it is estimated one to five percent—or between 13,853 and 69,263 people—at the end of 2019 were in prison for crimes they did not commit. Illinois was the first state government to take an interest in identifying solutions to wrongful conviction.

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At the Lectern

DECEMBER 14, 2023

At its conference yesterday, a double one, the Supreme Court ruled on a robust 164 matters. The court granted review in EpicentRx, Inc. Government employment grant-and-hold. Actions of note included: Forum selection. — and has granted-and-held others. See here , here , here , and here.)

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SCOTUSBlog

NOVEMBER 22, 2023

The ACCA extends the minimum sentence – from 10 years to 15 – for an individual who had been convicted of a felony and possesses a firearm when that person has at least three “serious drug offenses.” Under federal immigration law, the federal government can cancel the deportation of a non-permanent resident – that is, a non-U.S.

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SCOTUSBlog

JANUARY 25, 2025

Share The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. In 1974, the Supreme Court ruled that the Constitution generally permits states to strip people convicted of felonies of their right to vote. Felony disenfranchisement has a long, and often racist, history.

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SCOTUSBlog

APRIL 26, 2021

In 1991, he received a felony conviction for driving under the influence under California law and completed his sentence. The government alleged that he was removable, despite having a green card, because it believed that his 1991 DUI constituted an “aggravated felony” under the immigration laws.

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The Crime Report

OCTOBER 14, 2021

Many Americans consider polygraphs the sole determiner for truthfulness, whether they’re used in law enforcement, trial testimony or government hiring practices. From a legal perspective, since the 1930s , the courts have found polygraphs to be invalid for usage in prosecutions and legal cases. In 1998, however, the U.S.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Colorado Federal Court Remanded Local Governments’ Climate Case to State Court. The court said the defendants’ argument that the plaintiffs’ state law claims were governed by federal common law appeared to be a matter of ordinary preemption, which would not provide a basis for federal jurisdiction. Rhode Island v.

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SCOTUSBlog

JANUARY 13, 2023

In 1977, the Supreme Court ruled in Trans World Airlines v. The court agreed on Friday to review the case of Gerald Groff, a Christian and U.S. Although the lower courts rejected Tyler’s arguments, the justices agreed on Friday to take up her case.

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SCOTUSBlog

FEBRUARY 20, 2025

On Wednesday, the justices will hear oral arguments on whether a federal appeals court improperly required her to meet a more stringent standard for her case to go forward than if she had been a member of a minority group for example, if she had been a lesbian. In 2014, she was appointed as a program administrator.

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JonathanTurley

NOVEMBER 25, 2020

The Supreme Court recognized that this is not an “unlimited” right under the Constitution while affirming the right of “law-abiding, responsible citizens to use arms in defense of hearth and home.” is of the essence of a democratic society, and any restrictions on that right strike at the heart of representative government.”).

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