SCOTUSBlog

JANUARY 15, 2021

Raymond Holloway cannot possess firearms because of a misdemeanor conviction for driving under the influence. Court of Appeals for the 3rd Circuit disagreed, determining that Holloway’s DUI was “serious” enough to consider him an “unvirtuous citizen.” Issue : Whether the discretion granted to district courts in 28 U.S.C.

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The Crime Report

AUGUST 11, 2022

” Expanding jury trials to include lower offenses would have to be carefully calibrated according with 1989 Supreme Court ruling in Blanton v. Las Vegas that the constitutional right to trial by jury does not extend to “petty offenses.”

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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. The new office will support operations to seize firearms from dangerous people on the state’s database, the Armed and Prohibited Persons System.

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JonathanTurley

JANUARY 8, 2022

” He would make such comments a gross misdemeanor subject to incarceration. Alvarez , the Court held 6-3 that it is unconstitutional to criminalize lies — in that case lying about receiving military decorations or medals. We have seen other Democratic leaders use the criminal process in similarly reckless fashions.

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Misdemeanor Criminal Law Laws Court 59

JonathanTurley

NOVEMBER 14, 2021

The statement could effectively knock out the misdemeanor gun possession count — the one count that could still be in play for the jury after the prosecution’s case on the more serious offense appeared to collapse in court. The problem with the Wisconsin statute is not a problem of pluralization but definition.

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Statute Misdemeanor Criminal Law Felony 59

SCOTUSBlog

JUNE 24, 2021

The district court ruled for the government and the U.S. Court of Appeals for the 6th Circuit agreed. In doing so, Kagan explained, the court focused on the phrasing “against the person or property of another” to find that Congress intended to punish a higher culpability than negligence.

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At the Lectern

APRIL 15, 2024

.” The essay might not be giving the California Supreme Court enough credit when it says the court generally doesn’t interpret the State Constitution independently. A pair of 2019 decisions are good examples of the court ruling without regard to what the U.S. Supreme Court has said or might say.

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Day on Torts

FEBRUARY 8, 2021

55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Defendant filed a motion for summary judgment based on the statute of limitations issue, but the trial court ruled in favor of plaintiff, and the Court of Appeals affirmed. Code Ann. §

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At the Lectern

MARCH 24, 2022

Supreme Court, which, in reversing a First District, Division Five, decision ( People v. A157169) 2019 WL 5654385, review denied ), held that pursuit of a fleeing misdemeanor suspect did not categorically allow the police to enter a home without a warrant. Little Rock Ranch , but it depublished the Fifth District’s 2-1 opinion.

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Misdemeanor Court Statute Government 56

JonathanTurley

MAY 12, 2021

This includes Virginia state court rulings that the statute must be confined to speech that has “a direct tendency to cause acts of violence by the person to whom, individually, [the language is] addressed.” As the United States Supreme Court ruled in National Ass’n for the Advancement of Colored People v.

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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. The majority of the Kansas Supreme Court ruled that the state Legislature didn’t intend for the system to be a punishment, and therefore can’t be considered cruel or unusual punishment.

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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. Jackson Women’s Health Organization , which overturned Roe v.

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Statute Misdemeanor Felony Court Rules 197

SCOTUSBlog

JUNE 24, 2023

By a vote of 6-3, the Supreme Court ruled on Thursday in Pugin v. In her dissent, Sotomayor warned that the majority’s approach allows the government to argue that myriad low-level misdemeanors as aggravated felonies, including purchasing a fake ID or failing to report a crime.

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SCOTUSBlog

OCTOBER 28, 2021

Some states and tribes also restrict firearm possession by adjudicated domestic abusers, and many have more expansive laws , covering a larger category of relationships, including conduct such as intimate partner stalking misdemeanor convictions, or restricting firearms access for respondents to ex parte protective orders.

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Misdemeanor Laws Court Court Rules 98

JonathanTurley

OCTOBER 19, 2021

For example, Washington state allows for the charging of a misdemeanor. In 2009, the New York courts ruled that Metro workers were not legally required to assist a woman being raped at a station. In torts, there is no duty to rescue rule. That was the holding in the famous ruling in Yania 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. . When someone ‘jaywalks’ from the Mexican side of the border to the U.S. Decriminalizing jaywalking was a measure of equity.

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The Crime Report

DECEMBER 7, 2023

In Bruen , the Court ruled in a 6-3 decision that New York State’s Sullivan Act, passed in 1911—which required anyone applying for a pistol concealed carry license to show “proper cause”—was unconstitutional. The 2022 SCOTUS case New York State Rifle & Pistol Association, Inc.

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The Crime Report

FEBRUARY 24, 2022

But in a recent podcast interview with a pair of east county campaign supporters, Knox described her opposition to new state laws and court rulings that provide greater leniency for juvenile offenders, including her concerns that California now offers a chance to teens sentenced to life without parole.

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Attorney Felony Education Lawyer 116

JonathanTurley

SEPTEMBER 27, 2021

The courts, including the state supreme court , ruled for Cross, noting that he could keep his job, adhere to his faith and satisfy the policy by avoiding pronouns altogether. Recently, a California court ruled that misgendering patients is protected despite a landmark LGBTQ+ rights bill.

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JonathanTurley

JULY 11, 2021

which states a person who commits any primary offense — such as misdemeanor property destruction — with the intent to “intimidate or terrorize another person or with reason to believe that his action would intimidate or terrorize that person” is subject to a class B misdemeanor primary offense becoming a class A misdemeanor.

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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. Had the defendant’s conviction been of a misdemeanor instead of later reduced to a misdemeanor, lifetime registration would have been discretionary instead of mandatory.

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JonathanTurley

NOVEMBER 2, 2024

Colorado, the Supreme Court ruled that criminal threats must be based on a showing of a culpable mental state. 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. It is now the bona fides of every Democratic prosecutor.

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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

NOVEMBER 19, 2020

Gretchen Whitmer for her misrepresentation of a state supreme court ruling that she violated the state constitution in her pandemic orders, a false account echoed by NBC’s Chuck Todd. It does not use “high crime or misdemeanors.” I have been highly critical of Gov.

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Misdemeanor Government Court Rules Court 58

JonathanTurley

JANUARY 10, 2024

The hearings this week may reveal conduct that reaches the level of a high crime and misdemeanor. It is also true, in my opinion, that none of those things amount to high crimes and misdemeanors warranting his impeachment. If Mayorkas is violating federal law, he can be brought to court to enjoin his actions.

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ClimateChange-ClimateLaw

JUNE 8, 2021

The court denied, however, Connecticut’s motion for costs and fees, noting that several issues raised by Exxon were novel in the Second Circuit and that many relevant portions of district court rulings in other circuits had not been subject to appellate review until the Supreme Court’s recent decision in the Baltimore case.

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SCOTUSBlog

FEBRUARY 24, 2025

Alito would reverse the lower courts ruling without additional briefing or oral arguments. He emphasized that the lower courts made more than a trifling mistake. Sotomayor suggested that [t]here is reason to thing that the Fourth Amendment might include the in-the-presence limitation on warrantless misdemeanor arrests.

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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.” The court ruled that a jury had to decide this issue unanimously under a standard of beyond reasonable doubt.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. On July 8, 2021, a jury in Minnesota state court found four activists guilty of aiding and abetting fourth degree criminal damage to property, a misdemeanor offense.

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