JURIST
JUNE 12, 2021
The Supreme Court reversed that judgment and remanded the case. Justice Elena Kagan, joined by Justices Stephen Breyer, Sonia Sotomayor and Neil Gorsuch, wrote the opinion of the court, concluding that any offense with a mens rea or mental state of recklessness does not qualify as a violent felony under the ACCA.
JURIST
JUNE 27, 2022
The trial court ruled in favor of the government stating that they proved that Ruan and the other doctors in the practice overprescribed pain medication for their own financial benefits. The US Court of Appeal for the Eleventh Circuit affirmed the trial court’s ruling. .
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SCOTUSBlog
JUNE 28, 2022
In arguing a subjective standard is required, the charged doctors and other advocates emphasized longstanding rules about the presumption of mens rea (a guilty state of mind) for criminal offenses. A mens rea requirement, the opinion holds, is essential to separate physicians’ “socially beneficial conduct” from criminal conduct.
SCOTUSBlog
JUNE 24, 2021
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. Court of Appeals for the 6th Circuit agreed. A mens rea of purpose equates to a consciously desirable outcome.
FDA Law Blog
JUNE 28, 2022
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. 20-1410 and Kahn v.
JonathanTurley
JUNE 17, 2022
Even then, it can be difficult since attempted murder requires proof that the defendant “must have taken a substantial step towards that crime, and must also have had the requisite mens rea.” Indeed, such a claim would contradict controlling Supreme Court precedent. ” Braxton v. United States , 500 U.S.
JonathanTurley
DECEMBER 20, 2022
That is a far cry from evidence showing mens rea — “guilty mind.” That speech appears protected by the First Amendment and existing Supreme Court precedent. There were discussions of appointing Trump attorney Sidney Powell as a special counsel , seizing voting machines or replacing the Justice Department’s leadership.
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