The Crime Report

OCTOBER 11, 2022

Since the Supreme Court struck down New York’s longstanding gun law, lower courts have ruled heavily against restricting guns, reports Jacob Gershman in the Wall Street Journal. . The June 23 ruling in N ew York State Rifle and Pistol Association v.

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Court Rules Court Felony Court Decisions 97

The Crime Report

JULY 27, 2022

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 court ruling, reports the Associated Press. The law was struck down in March. There are more than 7.3

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Felony Court Rules Litigation Litigating 95

JURIST

SEPTEMBER 6, 2021

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.

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Felony Court Court Rules Attorney 104

SCOTUSBlog

MAY 24, 2021

Palomar-Santiago , involved Refugio Palomar-Santiago, a Mexican citizen who became a lawful permanent resident – that is, a green card holder – in 1990. 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.

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Felony Court Immigration Statute 132

JURIST

APRIL 28, 2021

The US Supreme Court on Tuesday heard oral arguments in HollyFrontier Cheyenne Refining, LLC v Renewable Fuels Association , a case regarding exemptions for small refineries from the Renewable Fuel Standards Program, and United States v Palomar-Santiago , which involves immigration law and noncitizen re-entry.

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Court Felony Immigration Court Rules 104

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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Mens Rea Felony Statute Misdemeanor 77

At the Lectern

JUNE 17, 2021

The court ruled 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.

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Court Laws Felony Statute 49

The Crime Report

SEPTEMBER 7, 2023

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.

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Court Rules Court Felony Legal 52

The Crime Report

SEPTEMBER 22, 2022

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.

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Misdemeanor Felony Court Rules Court 52

SCOTUSBlog

JANUARY 15, 2021

The decision further indicated that longstanding firearms bans for felons were “presumptively lawful.” Lisa Folajtar is barred because of a felony conviction for willfully making a materially false statement on her tax returns. Heller held that the Second Amendment protects an individual’s right to possess firearms at home. Holloway v.

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Misdemeanor Court Felony Government 118

At the Lectern

JUNE 26, 2023

Prudholme , the Supreme Court today holds that legislation reducing maximum probation terms applies retroactively and, when so applied, doesn’t jeopardize a plea agreement reached under the harsher superseded law. In People v. Stamps (2020) 9 Cal.5th

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Statute Court Rules Court Felony 40

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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Court Felony Court Rules Litigating 49

JonathanTurley

JUNE 29, 2022

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.

Attorney 59

Attorney Statute Felony Court Rules 59

JonathanTurley

NOVEMBER 14, 2021

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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Statute Misdemeanor Criminal Law Felony 59

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 US District Court Southern District of Texas ruled in favor of the states, enjoining Homeland Security from enforcing the memorandum. .”

Immigration 211

Immigration Court Rules Court Statute 211

JURIST

JULY 10, 2023

The US Court of Appeals for the District of Columbia Circuit on Friday upheld a law that combats online child sex trafficking called the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA). The case is an appeal from the US District Court for the District of Columbia. Circuit Judge Patricia A.

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Laws Court Felony Court Rules 287

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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Felony Statute Immigration Court 108

The Crime Report

SEPTEMBER 22, 2021

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.

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Felony Misdemeanor Court Court Rules 142

The Crime Report

AUGUST 25, 2022

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.

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Felony Court Rules Attorney Laws 98

ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. A number of different parties had lined up on either side of the issue of whether EPA’s stay was lawful. and non-U.S. United States , No.

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Court Litigating Litigation Attorney 40

JURIST

APRIL 6, 2023

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.

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Felony Government Court Rules Litigation 223

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. Senior U.S.

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Government Court Felony Laws 129

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. In last year’s McGirt v. United States.

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Laws Court Court Rules Felony 100

JURIST

MAY 20, 2022

A Michigan judge Tuesday blocked the enforcement of a 1931 state law which would ban abortions in the event 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.

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Felony Court Rules Court Laws 197

JURIST

MARCH 26, 2023

Chief Judge Frances Tydingco-Gatewood of the District Court of Guam ruled that the original permanent injunction from 1990, which blocked Public Law No. The court concluded that Moylan did not meet his burden under Federal Rule of Civil Procedure 60(b)(5) to warrant lifting the injunction. Public Law No.

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Statute Misdemeanor Felony Court Rules 197

JURIST

JANUARY 26, 2024

“ The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting States, including immigration laws on the books right now ,” Governor Abbott’s statement reads.

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Immigration Felony Statute Court Rules 245

JURIST

DECEMBER 27, 2023

Burke dismissed the government’s motion without prejudice, noting that a stay may be appropriate if the Eleventh Circuit or Supreme Court take up these cases. This case had already made its way up to the Eleventh Circuit when the court ruled that the ban could go into effect.

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Laws Sports Felony Government 118

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.”. 14 conferences). Khorrami v. Arizona , 21-1553.

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Statute Construction Court Felony 140

SCOTUSBlog

MAY 28, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the scope of the First Amendment — specifically, whether a law forbidding clandestine recordings is overbroad and whether a state may require individuals to carry identification cards labeled “SEX OFFENDER.” In Louisiana v.

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Felony Statute Attorney Court 133

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. Court of Appeals for the 10th Circuit affirmed. Next up is Kelly v. Animal Legal Defense Fund.

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Statute Stare Decisis Court Manufacturing 106

SCOTUSBlog

OCTOBER 13, 2022

Fitisemanu and the Tulis argue that the 14th Amendment, adopted after the Civil War, embraced the founding-era common-law understanding of birthright citizenship. Issue : Whether the Sixth and 14th Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony. territories. 28 and Oct.

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Tort Construction Court Felony 109

SCOTUSBlog

NOVEMBER 2, 2022

Amgen argues that the Supreme Court has held that whether a patent satisfies the “enablement” requirement is a jury question, and argues that the U.S. Court of Appeals for the Federal Circuit has deviated from that by holding that enablement is a question of law that courts review without deference. 28 conference).

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Government Construction Court Statute 112

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. Mary’s University School of Law. The percentage of people exonerated for crimes they did not commit in 2019 barely exceeds 0.01

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Government Attorney Legal Legal 124

JURIST

JUNE 13, 2023

Meetra Mehdizadeh, Staff Attorney at the Center for Reproductive Rights, raised concerns over the ban’s potential negative impacts, saying: This extreme law does nothing to protect people’s health. We have seen how these laws have wreaked havoc on people’s lives across the country, and are urging the court to put a stop to these harms.

Healthcare 104

Healthcare Felony Court Rules Court 104

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.

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Felony Laws Court Attorney 41

SCOTUSBlog

OCTOBER 4, 2022

Arizona he asks the Supreme Court to overrule a 1970 precedent holding that states can use juries as small as six jurors to try defendants for felonies. Issue : Whether the Sixth and 14th Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony. 28 conference). Khorrami v.

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Construction Statute Felony Court 101

The Crime Report

SEPTEMBER 7, 2023

In a 6-3 decision Ex parte Danny Richard Lane , the state’s highest criminal appeals court ruled that Texas’ historical doctrine of “judicial clemency” does not forgive sex offender registration. A few months later in 2007 Lane was arrested and charged with a third-degree felony for failure to register as a sex offender.

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Statute Felony Court Attorney 119