JURIST

JUNE 12, 2021

The US Supreme Court on Thursday overturned a ruling by the US Court of Appeals for the Sixth Circuit that “reckless” crimes qualify as violent felonies for purposes of the Armed Career Criminal Act (ACCA). The Supreme Court reversed that judgment and remanded the case. ” Petitioner Charles Borden Jr.

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Felony Mens Rea Court Rules Court 161

SquirePattonBoggs

FEBRUARY 14, 2023

Judge White wrote the unanimous opinion for the Court, which was joined by Judge Moore and Judge Bush. The Court held that an Ohio aggravated-robbery offense, R.C. A)(1), does not qualify as a violent felony under the Armed Career Criminal Act (commonly referred to as “ACCA”). A)(1) did qualify as a violent felony under ACCA.

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Mens Rea Felony Statute Court 59

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.

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Mens Rea Felony Statute Misdemeanor 79

FDA Law Blog

NOVEMBER 6, 2022

Now, after an unfavorable HHS Office of the Inspector General (OIG) advisory opinion and two defeats in court, Pfizer has appealed the Second Circuit’s decision to the Supreme Court. The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.

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Mens Rea Statute Healthcare Manufacturing 83

FDA Law Blog

AUGUST 4, 2022

That court granted summary judgment to the government on the APA claim and rejected Pfizer’s narrower reading of the AKS, which would require an element of “corrupt” intent to impose AKS liability. Similarly, the Court drew on the plain meaning of “willfully” to reject Pfizer’s argument that the term suggests “an element of corruption.”

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Statute Mens Rea Manufacturing Court 98

FDA Law Blog

SEPTEMBER 22, 2022

An interesting historical sidenote is that if one looks at the official Park decision from the Supreme Court, one will find our own Paul Hyman who was one co-author of the amicus curiae briefs. Therefore, as a matter of proof, DOJ can obtain a misdemeanor conviction even when a jury acquits on a felony.

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Misdemeanor Mens Rea Felony Government 59

At the Lectern

JANUARY 6, 2025

Collins , a 4-3-1-2 Supreme Court today holds the evidence did not support a second-degree murder conviction of a mother who didn’t protect her two-month old son from being murdered by the baby’s father. The Chief Justice has only recently expressed differences with a court majority in any case. In People v.

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Mens Rea Court Felony Legal 45