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The updated legislation allows 16- and 17-year-olds charged with Class A through E felonies to now be tried as adults. This represents a significant change from the 2019 Raise the Age law , which allowed most 16- and 17-year-olds to remain under juvenile court jurisdiction regardless of the severity of the charges.
The Supreme Court on Tuesday heard oral arguments in two cases involving one of its own precedents regarding felony firearms possession. Gregory Greer was convicted in the first case under §922(g) and sentenced to prison, but after the Rehaif decision, he appealed that conviction. Decisions in both cases should come this summer.
Years of convictions could be at risk following a Washington Supreme Courtdecision that struck down the state’s felony drug possession law. The state supreme…
Share Federal felon-in-possession defendants who fail in the trial court to assert their rights under the Supreme Court’s 2019 decision in Rehaif v. United States face an “uphill climb” to get a new trial or plea proceeding, the court stated Monday in Greer v. United States and United States v.
A three-judge panel of the North Carolina Court of Appeals published a pair of opinions Tuesday holding that two people can be charged with murder for brutalizing a child 25 years ago — even though they had already been convicted of child abuse for the same act of violence in the late ‘90s. State courts have taken up this issue before.
At the same time, the jury found McElrath guilty but mentally ill on charges of felony murder (for felonies that result in a death, even if the defendant did not actually kill anyone) and aggravated assault. Because that is what happened here, he says, the decision of the Georgia Supreme Court should be reversed.
An increasing number of Americans now believe US Supreme Courtdecision-making is based more on political ideology than the rule of law. Evidence that this disturbing trend is true can be found when taking a closer look at the shift in how the Court has dealt with juvenile cases dating back to 2005.
Since the Supreme Court struck down New York’s longstanding gun law, lower courts have ruled heavily against restricting guns, reports Jacob Gershman in the Wall Street Journal. . Circuit Court of Appeals. The June 23 ruling in N ew York State Rifle and Pistol Association v. The case is pending before the Fifth U.S.
Hunter Biden filed documents on Monday seeking a new trial after his conviction on three felonies on June 11, 2024. He argued that the decision should be vacated since the trial began before an appeal for an earlier motion was concluded. Therefore, the district court lacked jurisdiction over the matter, Biden said.
Yesterday’s Supreme Court conference , a double one, was one of several firsts: the first conference of 2023, the first with Patricia Guerrero as chief justice, and the first for new Justice Kelli Evans. Conference actions of note included: Supreme Court accepts Ninth Circuit jail employment case. Parole eligibility.
Superior Court (Mitchell) , the Supreme Court yesterday held that a superior court exceeded its jurisdiction in reducing a charged felony to a misdemeanor after a preliminary hearing and before sentencing. In general, an appeal stays the challenged trial courtdecision, but a writ petition does not.
The Supreme CourtDecision in Citizens United v. Because the station cannot censor the candidate ad (except in the exceptionally rare situation where the airing of the ad might violate a Federal felony statute), the broadcaster has no liability for the contents of the ad.
Judicial Appointments A significant reshaping of the judiciary, particularly to the Supreme Court and federal appellate courts, has reshaped the judiciary. They know their rights, and fight battles in their home court in front of judges, also lawyers. Some stay quiet out of fear of retribution, but many are fighters.
At the Supreme Court’s conference yesterday, a double one, actions of note included: Supreme Court will answer Ninth Circuit products failure-to-warn questions Justice Liu separate statements on parole, sentencing rights. The court granted review in Meinhardt v. The court denied review in Crenshaw Subway Coalition v.
Supreme Court held that the State of Georgia can’t retry a defendant acquitted of murder by reason of insanity. We simply cannot know why the jury in McElrath’s case acted as it did, and the Double Jeopardy Clause forbids us to guess,” the Court held. “To The Georgia courts rejected that argument, and McElrath appealed to the U.S.
In In re Ferrell , the Supreme Court today grants habeas corpus relief to a petitioner convicted of second degree murder because an error in permitting the conviction to be based on an invalid felony-murder theory was not harmless. Today, the court does the evaluation itself. Offley (2020) 48 Cal.App.5th
Actions of note at yesterday’s Supreme Court conference included: Supreme Court rejects challenge to continuation of Governor’s emergency declaration. The court granted review in Leon v. ” The court depublished the opinion of the Second District, Division Eight, in People v. .” discovery case.
’ ” The court agreed to hear People v. The defendant had 10 years earlier unsuccessfully sought relief from his sentence under Proposition 36, the Three Strikes Reform Act of 2012; unsuccessful because the superior court found resentencing would pose an unreasonable risk of danger to public safety. Scott (2015) 61 Cal.4th
Image from Supreme Court Petition. Now the Court has accepted a different parody case involving Jack Daniels where the company is suing the maker of dog chew toys. He was charged (and later acquitted) of a felony under an Ohio law prohibiting the use of a computer to “disrupt” or “interrupt” police functions. 2d 341 (9th Cir.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court denied cert on Monday. Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur.
But new legislation regarding criminal liability for murder continued to impact the court’s docket. Conference actions of note included: Supreme Court allows Governor to commute third-strike sentence. After granting review and full briefing, the court transferred People v. The court denied review in People v.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court is back in the relist business with a vengeance. The court will be considering 123 petitions and applications at this week’s conference. A short explanation of relists is available here.
Circuit Court of Appeals ruled that the U.S. 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 court therefore found that the stay was unauthorized and vacated it. DECISIONS AND SETTLEMENTS. FEATURED CASE. A divided D.C.
The US Supreme Court announced Monday it will review the legality of state efforts to ban gender-affirming medical care for minors — a contentious issue in a nation deeply divided over transgender rights and the role of medical intervention in youth gender identity. In November, the plaintiffs appealed to the Supreme Court.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court cleared out quite a bit of its backlog of relisted cases at last week’s conference. A short explanation of relists is available here.
Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. This week, we highlight cert petitions that ask the court to consider, among other things, whether those officers are entitled to qualified immunity. A list of all petitions we’re watching is available here.
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the scope of the First Amendment — specifically, whether a law forbidding clandestine recordings is overbroad and whether a state may require individuals to carry identification cards labeled “SEX OFFENDER.” In Louisiana v.
At the Supreme Court’s conference today, a double one, there were no straight grants , but there were actions of note, including: Reproductive rights legislation. The court granted review in People v. There were eight criminal case grant-and-holds : three more waiting for a decision in People v.
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.
Newsom also signed legislation expanding on a 2019 law that limited the use of the felony murder rule, which previously allowed accomplices in felonies to be convicted of murder if someone died.
And over a dissent by Justice Neil Gorsuch, the justices declined to decide whether the Constitution guarantees the right to a trial by a 12-person jury when the defendant is charged with a felony. As the case comes to the Supreme Court, Medrano contended that the use of his statements violated his rights under Miranda v.
Fourth Circuit Declined to Stay Remand Order in Baltimore’s Climate Case Against Fossil Fuel Companies; Companies Sought Stay from Supreme Court. Supreme Court. On October 2, the district court granted the companies’ motion to temporarily extend its stay of the remand order until the Supreme Court resolves the application.
The bill comes amidst the much-anticipated Supreme Courtdecision on Mississippi’s abortion law, which has the potential to drastically transform abortion rights in the US. An Arizona Senate committee Thursday voted in favor of a bill that prohibits abortions after 15 weeks of pregnancy.
The Oklahoma House has voted overwhelmingly for a Republican-sponsored bill that would make performing an abortion a felony punishable by up to 10 years in prison and a $100,000 fine, with the only exception being if the life of the mother is in danger, reports the Washington Post.
A Supreme Courtdecision Thursday upending a century-old New York State gun licensing restriction has been called a major blow to state gun control interventions across the country. The Court released its opinion in New York State Rifle & Pistol Association (NYSRPA) v. It’s reprehensible.
Ames sued and brought her case to the Supreme Court. On Wednesday, the justices will hear oral arguments on whether a federal appeals court improperly required her to meet a more stringent standard for her case to go forward than if she had been a member of a minority group for example, if she had been a lesbian.
The decision in Folajtar v. The Attorney General of the United States may be one of the most perfectly tailored case for major Supreme Courtdecision. Indeed, the only thing lacking from the 2-1 decision is a mailing label directly to Justice Amy Coney Barrett. Sims, 377 U.S. 533, 555 (1964) (“The right to vote.
Some of these states had inactive preexisting laws banning abortion that have returned to effect in the wake of Roe, while others intentional passed “trigger laws” with language enacting their provisions the moment a courtdecision overturning Roe or an amendment or legislation codifying a state’s right to restrict abortion went into effect.
Federal Court Denied Oakland and San Francisco Motions to Return Climate Change Nuisance Cases to State Court; Found Federal Common Law of Nuisance Could Apply, Despite AEP v. The court dispensed with the cities’ three primary arguments for remanding the cases. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 107.
A US federal court on Monday dismissed all charges against Donald Trump in a case alleging the former president mishandled classified documents after leaving office. In May, he was convicted of 34 felony counts of falsifying business records. US law does not prevent a convicted felon from holding the nation’s highest office.
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