At the Lectern

JUNE 17, 2021

Working on the presumption that the “ Legislature intends for ameliorative enactments to apply as broadly as is constitutionally permis sible,” the Supreme Court i n People v. The court ruled similarly last year in People v. The court reverses the Second District, Division Five, Court of Appeal.

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SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. 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. United States. Think McDonnell v. 14 conferences). Khorrami v.

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SCOTUSBlog

OCTOBER 4, 2022

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

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

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JonathanTurley

NOVEMBER 14, 2021

He told the prosecutors “I have been wrestling with this statute with, I’d hate to count the hours I’ve put into it, I’m still trying to figure out what it says, what’s prohibited. It is also hard to instruct a jury on an ambiguous statute. The problem with the Wisconsin statute is not a problem of pluralization but definition.

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Statute Misdemeanor Criminal Law Felony 56

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. .” T ennessee v. In Graham v.

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SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. Some older Supreme Court decisions support that theory of consent. Norfolk Southern Railway Co. ,

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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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At the Lectern

OCTOBER 14, 2022

5th 1169 concerning 2021’s Assembly Bill 333 (see here ), but the opinion declined to resolve a split in Court of Appeal authority whether one part of the new law — Penal Code section 1109 , which requires an enhancement charge to be tried only after a jury finds the defendant guilty of the underlying offense — is retroactive.

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SCOTUSBlog

OCTOBER 13, 2022

permits courts to defer to the Department of Veterans Affairs’ construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction; and (2) whether Chevron should be overruled. Issues : (1) Whether the doctrine of Chevron U.S.A., Natural Resources Defense Council, Inc. 28 and Oct.

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Tort Construction Court Felony 105

SCOTUSBlog

NOVEMBER 2, 2022

The Supreme Court has held that the federal government assumes a trust obligation to assert reserved water rights for Native tribes only when it “ expressly accepts those responsibilities by statute ,” by regulation, or by treaty with a tribe. Issues : (1) Whether the doctrine of Chevron U.S.A., Natural Resources Defense Council, Inc.

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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.

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Stare Decisis Court Felony Statute 103

JURIST

MARCH 26, 2023

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 court ruled that the US Supreme Court’s decision in Dobbs v. Wade , does not impact the statute’s constitutionality.

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Statute Misdemeanor Felony Court Rules 197

JURIST

JANUARY 26, 2024

. “ President Biden has instructed his agencies to ignore federal statutes that mandate the detention of illegal immigrants. ” 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. .”

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Immigration Felony Statute Court Rules 245

SCOTUSBlog

OCTOBER 28, 2022

The federal government – which prosecuted Jones – says the 8th Circuit got the reasoning wrong but the outcome right: It urges the Supreme Court to correct the lower court’s error but deny Jones relief. 922(g) prohibits people with felony convictions from possessing a firearm. In 2019, the court ruled in Rehaif v.

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The Crime Report

JANUARY 6, 2023

side without going through a designated port of entry, that same action becomes a misdemeanor or even a felony , depending on the circumstances. . 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.

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At the Lectern

APRIL 13, 2023

She sought resentencing under 2018 legislation — Senate Bill 1437 — that narrowed murder liability under the felony murder theory and eliminated it under the natural and probable consequences doctrine. ” The Third District found substantial evidence supported the ruling. Strong (2022) 13 Cal.5th Lewis (2021) 11 Cal.5th

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SCOTUSBlog

MARCH 19, 2024

A federal appeals court ruled that Gonzalez’s case could not go forward because she had not provided examples of others who had engaged in the same kind of conduct but had not engaged in protected speech and had not been arrested.

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Government Court Felony Laws 122

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. Next, we explore the bounds of the Federal Arbitration Act, with a pair of petitions arguing that California’s efforts to restrict arbitration agreements undermine federal law.

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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 144

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. In 1987, the trial court “set aside” the rape conviction through a “judicial clemency” order. Lane did not keep the appointment.

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Statute Court Felony Attorney 119

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. Ochoa , reached a similar result.

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. 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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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. Actions of note included: Forum selection. ” Forum selection grant-and-hold.

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Misdemeanor Court Entertainment Felony 45

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.

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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. Sacchi et al. Argentina et al. (UN

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ClimateChange-ClimateLaw

MARCH 6, 2018

The federal district court for the Eastern District of California held that more analysis of the impacts climate change would have on a water transfer program for the Sacramento/San Joaquin Delta was required under NEPA. In a letter to the court on March 2, the parties asked the court to defer further briefing on the U.S.-based

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JonathanTurley

JUNE 24, 2024

Through various contortions, Bragg converted a dead misdemeanor case into 34 felonies in an unprecedented prosecution. New Yorkers and the media insisted that such selective prosecution was in defense of the “rule of law.” This week in the Supreme Court, a glimpse of the legal landscape outside of Manhattan came more sharply into view.

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Legal Legal Laws Court 56

SCOTUSBlog

MAY 24, 2024

Court of Appeals for the 6th Circuit to lift those orders while they appealed. The court of appeals refused, instead expediting argument. By a split vote, the 6th Circuit then reversed the lower courts’ rulings , concluding that the states were likely to win their appeals. The court thus allowed the laws go into effect.

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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. Nessel then restarted the prosecutions anew but ignored statutes that clearly do not allow the use of a single judge to issue indictments.

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Attorney Statute Felony Court Rules 46

JonathanTurley

JUNE 17, 2022

” ) 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. It must be proved, and it cannot be inferred merely from the commission of another dangerous crime.”

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JonathanTurley

NOVEMBER 2, 2024

The statute is below. Colorado, the Supreme Court ruled that criminal threats must be based on a showing of a culpable mental state. Here is the statute: 13-1202. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a class 1 misdemeanor, except that it is a class 6 felony if: 1.

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SCOTUSBlog

JANUARY 26, 2022

That interpretation, Kruger reasoned, is more consistent with both the text of the statute and the California legislature’s intent in enacting the law. The decision by Justice Goodwin Liu emphasized that the ruling did not involve the constitutionality of the requirement, but instead was simply a question of statutory interpretation.

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