ABA Journal

JULY 22, 2024

A lifetime ban on voting by people convicted of some felonies in Mississippi does not constitute cruel and unusual punishment, a federal appeals court ruled…

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Felony Court Rules Court 94

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

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 135

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 136

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 Litigation 223

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

DECEMBER 8, 2022

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.

Felony 98

Felony Court Court Decisions Court Rules 98

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 74

Mens Rea Felony Statute Misdemeanor 74

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

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.

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Felony Attorney Court Rules Court 85

SCOTUSBlog

OCTOBER 26, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Court of Appeals for the 5th Circuit affirmed. United States. New Relist.

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Statute Construction Court Felony 136

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.

Court 49

Court Laws Felony Statute 49

SCOTUSBlog

MARCH 18, 2024

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Kentucky , the Supreme Court ruled that it is unconstitutional to strike jurors in a criminal trial because of their race. Over Johnson’s objection, the trial court reinstated the Black juror.

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Court Felony Court Rules Attorney 107

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

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Court Felony Court Rules 52

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 121

Misdemeanor Court Felony Government 121

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.

Court 49

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.

Statute 40

Statute Court Rules Court Felony 40

SCOTUSBlog

OCTOBER 4, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court is back. On Monday, the court granted nine petitions from the enormous number that built up over the summer. A short explanation of relists is available here. First up is Buffington v.

Construction 101

Construction Statute Felony Court 101

SCOTUSBlog

MARCH 30, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court granted review on a case raising the question whether Andy Warhol paintings made using a copyrighted photograph were so “transformative” as to be a non-infringing “fair use.” Case in point: Texas v.

Stare Decisis 109

Stare Decisis Court Felony Statute 109

SCOTUSBlog

OCTOBER 13, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week’s update on the cases that the Supreme Court has newly relisted will be short: There aren’t any new relists. Gorsuch said he hoped the court would overturn those cases soon in “an appropriate case.”

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Tort Construction Court Felony 111

At the Lectern

MAY 31, 2023

For the second time in eight days, the Ninth Circuit has vacated a death sentence that had been affirmed by the California Supreme Court despite a standard of review that is highly deferential to state court rulings. The petitioner, Colin Dickey, was convicted under a felony-murder theory for aiding and abetting the two murders.

Felony 45

Felony Court Rules Court Laws 45

SCOTUSBlog

NOVEMBER 2, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Court of Appeals for the 10th Circuit, Abitron argued that the Lanham Act should not apply to its foreign sales. A short explanation of relists is available here. There are four newly relisted cases this week.

Government 113

Government Construction Court Statute 113

At the Lectern

OCTOBER 14, 2022

At the Supreme Court’s Wednesday conference , a double one, actions of note included: Retail lease. The court agreed to hear JJD-HOV Elk Grove, LLC v. The appellate court disagreed with the Fifth District’s decision in Grand Prospect Partners, L.P. The court also granted review in People v. 2015) 232 Cal.App.4th

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Court Prima Facie Case Statute Attorney 60

JonathanTurley

APRIL 21, 2021

1 (1985), when the court addressed the Fourth Amendment protections afforded a fleeing suspect and held that an officer may not use deadly force to prevent escape unless “the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.” In Graham v.

Felony 58

Felony Statute Court Rules Court 58

SCOTUSBlog

APRIL 20, 2022

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.

Statute 107

Statute Stare Decisis Court Manufacturing 107

At the Lectern

JULY 18, 2024

At its weekly conference yesterday, the Supreme Court ruled on only 76 matters, 59 if you don’t count disposals of previous grant-and-hold cases. But there were notable actions, including: Felony murder resentencing. Taking yet another Senate Bill 1437 case, the court agreed to decide People v. Curiel (2023) 15 Cal.5th

Felony 45

Felony Healthcare Court Court Rules 45

JonathanTurley

NOVEMBER 21, 2021

The court ruled that Georgia’s prior citizen’s arrest law is only applicable if a person sees a felony committed and acts without delay. The ruling could be “outcome determinative” in the case by stripping away the core defense that these men were chasing a person suspected of a series of crimes over the last year.

Felony 40

Felony Laws Court Attorney 40

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 60

Statute Misdemeanor Criminal Law Felony 60