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.

Felony 85

Felony Attorney Court Rules Court 85

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.

Court Rules 52

Court Rules Court Felony Legal 52

SCOTUSBlog

JANUARY 15, 2021

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. Customs and Border Protection. Holloway v.

Misdemeanor 115

Misdemeanor Court Felony Government 115

JonathanTurley

NOVEMBER 14, 2021

I have a legal education.” 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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Statute Misdemeanor Criminal Law Felony 59

JURIST

MARCH 29, 2021

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 court rules professors do not to have to respect student pronouns appeared first on JURIST - News - Legal News & Commentary.

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Court Rules Court Felony Sports 291

JURIST

OCTOBER 3, 2021

The defendants face charges of felony murder and false imprisonment. The post Superior Court rules 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.

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Court Rules Court Felony Attorney 197

ClimateChange-ClimateLaw

JULY 6, 2017

The majority responded to this latter point by saying that “[t]he dissent’s view is akin to saying that incurring a debt has legal consequences, but forgiving one does not. The district court ruled that EPA was required to conduct such evaluations in October 2016 and set an expedited schedule for EPA’s compliance.

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Court Litigation Litigating Attorney 40

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. .”

Immigration 245

Immigration Felony Statute Court Rules 245

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. Department of Justice’s Civil Rights Division, which already reviews cases of misconduct throughout the criminal legal system.

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Government Attorney Legal Legal 124

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. Animal Legal Defense Fund. Animal Legal Defense Fund , 21-760. Next up is Kelly v.

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Statute Stare Decisis Court Manufacturing 104

JURIST

JUNE 13, 2023

The North Dakota South Central Judicial District Court ruled in favor of Red River Women’s Clinic, granting a motion for a preliminary injunction to prevent the ban from taking effect while the lawsuit moves through the legal system. This decision was upheld by the North Dakota Supreme Court.

Healthcare 104

Healthcare Felony Court Rules Court 104

SCOTUSBlog

NOVEMBER 2, 2022

The government argues that although enablement inquiry requires some factual findings, it also includes questions of law, and the Federal Circuit properly set aside a jury verdict favoring Amgen on legal grounds. 14 and Oct. 28 conferences). Khorrami v. Arizona , 21-1553. relisted after the Sept. 14 and Oct. 28 conferences).

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Government Construction Court Statute 109

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.

Construction 100

Construction Statute Felony Court 100

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 38

Felony Laws Court Attorney 38

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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Court Felony Court Rules Attorney 105

JonathanTurley

APRIL 21, 2021

The incident has strikingly similar legal issues to the shooting of Adam Toledo in Chicago. 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.

Felony 57

Felony Statute Court Rules Court 57

SCOTUSBlog

MARCH 30, 2022

The Supreme Court instructed the Texas Court of Criminal Appeals to consider whether counsel’s inadequate performance had prejudiced Andrus – that is, whether but for counsel’s deficient performance, the mitigating evidence might have prompted at least one juror to opt for a sentence of life without parole rather than the death penalty.

Stare Decisis 108

Stare Decisis Court Felony Statute 108

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. In 1969, the Supreme Court held in Shapiro v. When someone ‘jaywalks’ from the Mexican side of the border to the U.S. Thompson that U.S.

Immigration 114

Immigration Laws Misdemeanor Government 114

SCOTUSBlog

OCTOBER 28, 2022

Last year, the court restricted the ability of state prisoners to develop new evidence to support claims that their attorneys failed to investigate leads that could have shown they were factually innocent. Jones involves a federal prisoner who is legally innocent – the conduct a jury found he committed isn’t a crime.

Felony 104

Felony Statute Government Court 104

The Crime Report

FEBRUARY 24, 2022

Last May, in an ongoing legal challenge to Becton’s authority first filed in 2020, five white female prosecutors — Mary Knox, Alison Chandler, Mary Blumberg, Rachel Piersig and Jill Henderson — filed a federal lawsuit against Contra Costa County and its DA’s office.

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Attorney Felony Education Lawyer 116

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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Court Rules Court Depositions Felony 137

SCOTUSBlog

JUNE 28, 2022

Dobbs reiterates the long-established principle that unwritten rights, to be enforced by courts, must be deeply rooted in our history. Applying that test, Dobbs holds: (a) From the 1200s to 1960, no statute, no English case, no state case, no federal case, no legal treatise, and no law-review article hinted at an abortion right.

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Laws Felony Statute Legal 145

SCOTUSBlog

APRIL 26, 2021

But if the earlier removal order is invalid on legal grounds, then how can the noncitizen use that fact to defend against the criminal re-entry prosecution? In 1991, he received a felony conviction for driving under the influence under California law and completed his sentence. Palomar-Santiago to answer this question.

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Immigration Felony Statute Court 98

The Crime Report

OCTOBER 14, 2021

He listed every agency I had sent coins to (except for the more numerous domestic ones, stating “I don’t care about those”) and continually pressed me for information and strongly encouraged and pressed that I admit something, anything, of a more serious, felonious nature. In 1998, however, the U.S.

Immigration 126

Immigration Government Laws Court 126

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.” United States and Jackson v. United States , involving the Armed Career Criminal Act. Tori Madden) In Wilkinson v. Garland , on Nov.

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Immigration Court Government Tort 110

JURIST

MARCH 13, 2024

On Wednesday, Judge Scott McAfee of the Fulton County Superior Court ruled that six of the charges should be dropped for a “lack of detail concerning an essential legal element,” an oversight the judge described as “fatal.” Kimbrough, 300 Ga.

Felony 232

Felony Statute Court Rules Lawyer 232

SCOTUSBlog

JANUARY 26, 2022

Kruger left the solicitor general’s office in 2013 to serve as a deputy assistant attorney general in another section of the Department of Justice: the Office of Legal Counsel, which (among other things) provides legal advice to the president and other agencies within the executive branch. Supreme Court’s 2013 decision in Maryland v.

Court 108

Court Laws Lawyer Lawyers 108

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. The case was argued before the High Court on January 22, 2019.

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Court Statute Government Tort 40

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. Hardison that the “undue hardship” standard is met whenever the accommodation would require more than a trivial or minimal cost. Other new grants. Other new grants.

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Court Immigration Felony Government 113

JonathanTurley

JUNE 17, 2022

There is also no compelling legal basis for the claim. ” ) In other words, the natural and probable consequences doctrine may apply to felony murder, but it is not properly applied to attempted murder. Indeed, such a claim would contradict controlling Supreme Court precedent. ” I guess there is no doubt.

Mens Rea 55

Mens Rea Law School Laws Felony 55

ClimateChange-ClimateLaw

MARCH 6, 2018

The court also denied motions to transfer the action to the District of Wyoming, where a challenge to the Waste Prevention Rule is pending. The California federal court said the substantive legal issues in the District of Wyoming case were distinct from the procedural issues at issue in this action. C20134963 (Ariz.

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Court Government Laws Litigation 40

JonathanTurley

DECEMBER 20, 2022

Of course, to raise obvious legal barriers to prosecution today is to invite an Internet flash mob accusing you for being an insurrectionist or fellow traveler. Likewise, experts like legal analyst and Michigan Law Professor Barbara McQuade told MSNBC viewers that Trump could be charged with manslaughter for riot. At 4:17 p.m.,

Mens Rea 59

Mens Rea Felony Drafting Court Rules 59

SCOTUSBlog

MAY 15, 2023

When the GSA declined to turn over some of the requested documents, the members went to federal court. He agreed with the government that the members lacked standing – that is, a legal right to bring the case. Court of Appeals for the District of Columbia Circuit reversed. District Judge Amit Mehta dismissed the case.

Court 111

Court Government Felony Calendaring 111

JonathanTurley

JUNE 24, 2024

With the Trump trial, Manhattan has become a type of legal wilderness where prosecutors use the legal system to hunt down political rivals and thrill their own supporters. Through various contortions, Bragg converted a dead misdemeanor case into 34 felonies in an unprecedented prosecution. It all comes down to the legal map.

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Legal Legal Laws Court 69