Remove Court Rules Remove Laws Remove Mens Rea
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US Supreme Court rules reckless offenses do not qualify as ‘violent felony’

JURIST

One of the three violent felonies the government alleged as a predicate to the ACCA charge was for reckless aggravated assault under Tennessee law. The Supreme Court reversed that judgment and remanded the case. .” Petitioner Charles Borden Jr.

Felony 161
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Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act

SCOTUSBlog

The opinion is a victory for physicians prescribing innovative treatments that they believe serve legitimate medical purposes, and it should assuage concerns about a ruling that could have chilled more doctors from prescribing needed pain treatments. The case, Ruan v. Referencing a “a longstanding presumption, traceable.

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No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act

SCOTUSBlog

The case came to the court after Charles Borden Jr. pleaded guilty to violating a federal law barring people convicted of a felony from possessing a firearm. The ACCA, in Borden’s view, required a higher culpable state of mind, or mens rea , than recklessness. The district court ruled for the government and the U.S.

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Good Doc, Bad Doc: Supreme Court Finds Prescriber Knowledge Counts

FDA Law Blog

21-5261, 597 U.S. _ (2022), the Supreme Court ruled that the government must prove — beyond a reasonable doubt — that a prescriber knew or intended that a prescription was not lawful in order to subject that prescriber to criminal penalties under the federal Controlled Substances Act (CSA). United States, No.

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“Without any Doubt, Beyond a Reasonable Doubt, Beyond any Doubt”: Tribe Declares Trump Committed Attempted Murder

JonathanTurley

In past columns, we have discussed how Harvard Law professor Laurence Tribe seems intent upon running through the entire criminal code in declaring clear evidence of every federal crime by former President Donald Trump and/or his family. You don’t have to go to law school to know that there’s something seriously criminal about that.

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A Case of Hope Over Experience: The J6 Referral Falls Short of a Credible Criminal Case

JonathanTurley

Experts like Harvard law professor Laurence Tribe have previously declared Trump’s felonies were shown “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” That is a far cry from evidence showing mens rea — “guilty mind.” At 4:17 p.m., In Brandenburg v.