HowAppealing

AUGUST 5, 2023

“Appeals Court Overturns Mississippi’s Lifetime Ban on Voting for Former Felons; A federal appeals court said that barring people convicted of certain felonies from voting pointlessly denied them access to ‘the democratic core of American citizenship’”: Michael Wines of The New York Times has this report.

Felony 100

Felony Court Court Rules 100

The Crime Report

MARCH 8, 2022

The Supreme Court has ruled that a series of burglaries carried out by William Dale Wooden, who pleaded guilty to ten counts of the offense in 1997 and was convicted of being a felon in possession of a gun more than a decade later, took place on a single occasion, thus sparing Wooden from a longer sentence under the Armed Career Criminal Act.

Court Rules 111

Court Rules Court Felony Laws 111

HowAppealing

JUNE 23, 2021

“‘Hot Pursuit’ Doesn’t Always Justify Entry, Supreme Court Rules; The mere flight of a person suspected of a minor crime, without more, does not allow police officers to enter homes without warrants, the court said”: Adam Liptak of The New York Times has this report. ” David G.

Court Rules 100

Court Rules Misdemeanor Court Felony 100

HowAppealing

JUNE 10, 2021

“Supreme Court Limits Sweep of Law on Mandatory Minimum Sentences; Violent felonies committed recklessly do not count in deciding whether 15-year terms are required under the Armed Career Criminal Act, the justices ruled”: Adam Liptak of The New York Times has this report. ” Jordan S. .”

Felony 100

Felony Laws Court Court Rules 100

The Crime Report

OCTOBER 11, 2022

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. . The June 23 ruling in N ew York State Rifle and Pistol Association v. Circuit Court of Appeals.

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Court Rules Court Felony Court Decisions 97

JURIST

SEPTEMBER 6, 2021

The North Carolina Court of Appeals on Friday blocked a lower court order that would restore voting rights to more than 55,000 North Carolinians on parole or probation for a felony. ” Advocates for the formerly incarcerated are expected to appeal the appellate court’s decision to the North Carolina Supreme Court. .”

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Felony Court Court Rules Attorney 104

SCOTUSBlog

MAY 24, 2021

Share The Supreme Court on Monday unanimously ruled against a non-U.S. Eight years later, an immigration judge found that his California conviction for driving under the influence was an aggravated felony under the federal immigration laws. But six years after his deportation, the Supreme Court ruled in Leocal v.

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Felony Court Immigration Statute 125

SCOTUSBlog

JUNE 14, 2021

922(g) after the Supreme Court’s 2019 decision in Rehaif v. Justice Brett Kavanaugh wrote for the unanimous court in Greer and for an 8-1 majority in Gary. Court of Appeals for the 4th Circuit erred in holding that Rehaif error constitutes “structural error” automatically entitling a defendant to relief.).

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Court Felony Court Rules Government 126

At the Lectern

JULY 7, 2021

David Snyder, executive director of the First Amendment Coalition, writes in the Sacramento Bee about the Supreme Court’s recent administrative order revising its policy about the confidentiality of records submitted to the court by a governor that support requests for clemency recommendations.

Court Rules 85

Court Rules Court Felony 85

JURIST

MARCH 7, 2022

A fractured US Supreme Court ruled Monday in Wooden v. The government charged him under the ACCA, which would subject Wooden to a 15-year mandatory minimum sentence, but only if he had three prior violent felonies.

Felony 104

Felony Court Government Court Rules 104

HowAppealing

MARCH 24, 2021

“Minnesota Supreme Court: Rape victims not ‘mentally incapacitated’ unless forcibly intoxicated; The far-reaching decision also gives a man convicted of third-degree sexual assault a new trial.” ” You can access today’s ruling of the Supreme Court of Minnesota at this link.

Felony 100

Felony Court Court Rules 100

The Crime Report

JULY 27, 2022

Tens of thousands of people serving punishments for felony convictions in North Carolina but who aren’t behind bars can now register to vote and cast ballots following an appeals court ruling, reports the Associated Press.

Felony 95

Felony Court Rules Litigation Litigating 95

JURIST

APRIL 28, 2021

The US Supreme Court on Tuesday heard oral arguments in HollyFrontier Cheyenne Refining, LLC v Renewable Fuels Association , a case regarding exemptions for small refineries from the Renewable Fuel Standards Program, and United States v Palomar-Santiago , which involves immigration law and noncitizen re-entry.

Court 104

Court Felony Immigration Court Rules 104

At the Lectern

MAY 26, 2021

The Supreme Court today approved a new policy for how it treats files submitted by a Governor when asking the court to recommend clemency. An affirmative recommendation is a constitutional prerequisite to a gubernatorial pardon or sentence commutation for anyone who has been “ twice convicted of a felony.”. See rule 8.45

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Court Entertainment Felony Court Rules 85

SCOTUSBlog

JUNE 24, 2021

United States , the Supreme Court analyzed the Armed Career Criminal Act ’s force clause or elements clause. Under the ACCA, a person who has three violent felony convictions and is then convicted of possessing a firearm faces a mandatory minimum sentence of 15 years. The case came to the court after Charles Borden Jr.

Mens Rea 91

Mens Rea Felony Statute Misdemeanor 91

At the Lectern

MARCH 16, 2023

At yesterday’s Supreme Court conference , a double one, actions of note included: Court allows clemency for one, returns files to be redacted for four others. 2) May a superior court ever set pretrial bail above an arrestee’s ability to pay?” ” In its landmark In re Humphrey (2021) 11 Cal.5th Resentencing.

Felony 40

Felony Court Construction Statute 40

The Crime Report

SEPTEMBER 7, 2023

The North Carolina Court of Appeals issued a ruling Tuesday that a man should not lose his parental rights because of strict parole conditions imposed by another state. In 2014, the father, who is not named in the opinion, was convicted of two felonies involving sexual conduct with a 14-year-old in Indiana.

Court Rules 52

Court Rules Court Felony Legal 52

At the Lectern

MAY 3, 2023

Documents that Governor Gavin Newsom lodged under seal in support of a request for Supreme Court permission to commute Elaine Wong ’s life without parole sentence will likely be made available to the public, at least in part. This is the second time a governor has sought a court recommendation to commute Wong’s sentence.

Felony 85

Felony Attorney Court Rules Court 85

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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Court Laws Felony Statute 49

Day on Torts

MAY 12, 2023

Plaintiff alleged that after he criticized defendant union, defendant accused him of misusing union funds and caused him to be charged with two state felonies. In this opinion, the Supreme Court ruled that the trial court was correct to dismiss the case. internal citation omitted). Continue reading

Court 52

Court Felony Court Rules 52

At the Lectern

APRIL 22, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court signs off on commutation of LWOP sentence, with an older clemency recommendation request still pending. The court granted review in Tansavatdi v. The appellate court relied on the Supreme Court’s decision in Cameron v.

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Court Felony Court Rules Litigation 49

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.

Misdemeanor 52

Misdemeanor Felony Court Rules Court 52

At the Lectern

JUNE 26, 2023

Prudholme , the Supreme Court today holds that legislation reducing maximum probation terms applies retroactively and, when so applied, doesn’t jeopardize a plea agreement reached under the harsher superseded law. ” Also, the Supreme Court disapproves the Third District’s 2-1 decision in People v. In People v.

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Statute Court Rules Court Felony 40

SCOTUSBlog

JANUARY 15, 2021

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Facebook plug-ins violate the Wiretap Act and whether the Second Amendment protects an individual’s right to possess firearms outside the home or after a conviction for a nonviolent offense. Acknowledging a circuit split, the U.S.

Misdemeanor 112

Misdemeanor Court Felony Government 112

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. It can go up to 10 yeas for felonies like manslaughter, which were the charges brought against two defendants. Rick Snyder.

Attorney 58

Attorney Statute Felony Court Rules 58

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. It is called the “rule of lenity” and has been around in the English system for centuries.

Statute 59

Statute Misdemeanor Criminal Law Felony 59

JURIST

MARCH 29, 2021

The US Court of Appeals for the Sixth Circuit held Friday that public universities cannot compel professors to respect student pronoun preferences. Per the court, such speech is protected under the First Amendment, particularly if pronoun preferences go against a professor’s religious or philosophical beliefs.

Court Rules 291

Court Rules Court Felony Sports 291

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 crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. Justice Kavanaugh writes, quoting Linda R.S. :

Immigration 211

Immigration Court Rules Court Statute 211

JURIST

OCTOBER 3, 2021

The Superior Court of Glynn County, Georgia ruled on Friday that Ahmaud Arbery’s mental health records could not be used as evidence in the trial against the three white men accused of killing the 25-year-old Black man. The defendants face charges of felony murder and false imprisonment. Superior Court Judge William R.

Court Rules 197

Court Rules Court Felony Attorney 197

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. Court of Appeals for the 4th Circuit held in Pugin’s case that it did not.

Felony 104

Felony Statute Immigration Court 104

ClimateChange-ClimateLaw

JULY 6, 2017

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. FEATURED CASE. A divided D.C. DECISIONS AND SETTLEMENTS.

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Court Litigating Litigation Attorney 40

JURIST

JULY 10, 2023

The US Court of Appeals for the District of Columbia Circuit on Friday upheld a law that combats online child sex trafficking called the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA). The case is an appeal from the US District Court for the District of Columbia. Millett authored the opinion of the court.

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Laws Court Felony Court Rules 287

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. Missing check-ins or falling behind $40 on fees for more than two weeks is a felony. People convicted of drug, violent or sex crimes must register on the list.

Felony 142

Felony Misdemeanor Court Court Rules 142

The Crime Report

AUGUST 25, 2022

Texas’ trigger law has officially gone into effect, making performing an abortion a felony punishable by up to life in prison and a civil penalty of not less than $100,000, plus attorney fees, with only narrow exceptions to save the life of a pregnant patient, reports the Texas Tribune.

Felony 98

Felony Court Rules Attorney Laws 98

JURIST

APRIL 6, 2023

The survivors and families of the victims joined in a lawsuit against the US government, alleging negligence under the Brady Handgun Violence Prevention Act due to the government’s failure to prevent Kelley from purchasing a firearm despite his prior felony convictions.

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Felony Government Court Rules Litigating 223

SCOTUSBlog

MARCH 19, 2024

Share The Supreme Court will hear oral arguments on Wednesday in the case of a 76-year-old Texas woman , Sylvia Gonzalez, who was arrested on charges that she had violated a state law that prohibits tampering with government records. Gonzalez came to the Supreme Court, which agreed last fall to weigh in. In 2019, in Nieves v.

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Government Court Felony Laws 123

JURIST

MARCH 26, 2023

A federal court in Guam Friday denied a request to reinstate a total abortion ban on the island of Guam. Chief Judge Frances Tydingco-Gatewood of the District Court of Guam ruled that the original permanent injunction from 1990, which blocked Public Law No. 20-134 , should remain in effect. 20-134 , should remain in effect.

Statute 197

Statute Misdemeanor Felony Court Rules 197