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The NewYorkCourt of Appeals ruled on Tuesday that the state legislature authorized the Commission on Forensic Sciences to create rules allowing police to search the state’s DNA database to identify family members of potential suspects. Chief Judge Rowan Wilson authored the majority opinion of the court.
The Minnesota Supreme Court Wednesday upheld a state law prohibiting convicted felons from voting while on probation or parole in a 3-1 ruling. The court rejected this argument. Justice Thissen’s opinion also held that the statute did not create the racially disparate impact of felony disenfranchisement.
A federal judge Thursday sentenced Eduard Florea , a NewYork man who applied to join a far-right group known as the Proud Boys, to 33 months in prison after he threatened the life of US Senator-elect Raphael Warnock ahead of the January 6 Capitol Riot. The post NewYork man sentenced for threatening Sen.
“Nebraska Supreme Court Upholds Voting Rights for Felons; Legislators voted to restore voting rights to more people convicted of felonies, but a dispute over that law’s constitutionality created pre-election confusion”: Mitch Smith of The NewYork Times has this report.
NewYork is moving to end a requirement that law school graduates report past arrests and police interactions short of convictions in order to become practicing attorneys, following a new report finding that excessive screening discourages people of color from applying to law school and the bar, reports Bloomberg News.
The NewYork Civil Liberties Union (NYCLU) Thursday filed a class action lawsuit to challenge Section 510(3) of the NewYork Judiciary Law, which disqualifies people convicted of felonies from serving on juries, no matter the nature of the offense or how long ago the convictions occurred.
“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 NewYork Times has this report.
The case is in the US District Court for the Southern District of California. The California law makes it a felony to manufacture, distribute, import, keep for sale or lend assault weapons. The case will likely be appealed to the US Court of Appeals for the Ninth Circuit. Its definition of assault weapon covers guns like AR-15s.
“Is Encouraging Unauthorized Immigration Free Speech or a Felony? The Supreme Court will decide whether a 1986 law that makes it a crime to urge people to stay in the United States unlawfully can be squared with the First Amendment.” The post “Is Encouraging Unauthorized Immigration Free Speech or a Felony?
District Judge David Counts has ruled that a federal law barring people under felony indictment from purchasing guns is unconstitutional, reports the Washington Post. Counts argued that the law’s prohibitions clashed with the high court’s June decision in NewYork State Rifle & Pistol Association v.
Share The Supreme Court did not add any new cases to its docket on Tuesday morning. In a list of orders from the justices’ private conference last week, the justices denied review in approximately 180 cases – including one asking the court to overrule one of its landmark decisions on freedom of the press. In Blankenship v.
“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 NewYork Times has this report. ” Jordan S. .”
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.
A man who shot and killed an alleged mugger in Queens returned to court last week on weapons charges after police officers recovered an ‘arsenal’ of illegal firearms from his apartment. Foehner has been charged with seven felony counts under state law and one misdemeanor under NewYork City administrative law.
These include efforts at restorative justice and diversion, along with nonprosecution of minor crimes without additional felony charges like failing to pay traffic fines, turnstile-hopping on the subway, resisting arrest without an underlying charge, possessing marijuana and prostitution.
“‘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 NewYork Times has this report. ” David G.
The justice reform movement, particularly measures to eliminate cash bail, has put the safety of the NewYork City transit system at risk, argues Nicole Gelinas , a senior fellow at the Manhattan Institute for Policy Research. felonies fell by 15 percent?helped violent felonies per million rides, it was still 3.1
Since the Supreme Court struck down NewYork’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.
NewYork State would allow judges to set bail for a greater number of offenses and make it easier to hold repeat offenders pending trial as part of a larger state budget agreement expected to be passed this week, reports the Wall Street Journal.
Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Monday morning read: Is Encouraging Unauthorized Immigration Free Speech or a Felony? Adam Liptak, The NewYork Times). The post The morning read for Monday, Jan.
Public defenders in NewYork City have accused Mayor Eric Adams and the NYPD of improperly using sealed criminal court records to manipulate public perception of bail reform’s impact on repeat crime, Matt Katz reports for the Gothamist. At the center of the controversy?
More than 60 crimes fall under the hate crime statute in NewYork, from simple menacing to possession of a biological weapon. The state data shows that the more serious felony arrests for hate crimes yielded felony convictions — whether as a hate crime or not — in 19 percent of the cases closed citywide between 2015 and 2020.
Southern District Court in NewYork. Downey’s home was searched following a multiagency investigation into the alleged purchase of illegal gun parts, says Rockland County District Attorney Tom Walsh announced in a news release last week. A felony conviction would force Downey out of office.
was arrested and charged with rape in March, reigniting a discussion throughout the state about how the justice system deals with so-called young offenders, reports the NewYork Times. Of those that do, only North Carolina, at age 6, has a lower minimum than NewYork.
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.
But a Buffalo News investigation found that that few people released without a judge setting bail are being rearrested for violent felonies. Of that 5,092 cases, only 120 people were rearrested on a violent felony charge while their original case against them remained open. . percent for a nonviolent felony charge, and 2.8
Voting with unpaid fines or court fees. According to Bolton, officials told him he had regained his voting rights, and he was unaware that court debts he owed from unrelated past convictions would render him ineligible. Kelvin Bolton was arrested at a homeless shelter earlier this year in Gainesville, Fla. His alleged crime?
Recent media coverage about NewYork State’s bail reform and its relationship to an uptick in crime in the five boroughs has been misleading, particularly in using newly released data to conflate bail reform with a program in NewYork City called supervised release. Melanie Skemer.
Earlier this year, NewYork City Mayor Eric Adams proposed rolling back his state’s raise the age law that, in 2017, had moved 16- and 17-year-olds out of NewYork’s violent Rikers Island jails and into its more rehabilitative family court. We have seen this movie before. Follow him @VinSchiraldi.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court made substantial progress at last week’s conference to reduce the accumulation of relisted cases. But the court denied review without recorded dissent to two-time relist Alaska v.
The new office will support operations to seize firearms from dangerous people on the state’s database, the Armed and Prohibited Persons System. People with felony or violent misdemeanor convictions, restraining orders, or serious mental illness are all included on the list.
In some examples cited in the paper, a Virginia defendant in Virginia charged with transporting marijuana pleaded guilty to trafficking a different type of drug altogether; a NewYork defendant charged with animal cruelty pleaded guilty to trespassing even though no trespassing was involved.
A NewYork bill that would remove publicly available criminal records for most felonies and misdemeanor crimes after people have completed the terms of their punishments has garnered support from lawmakers, businesses and labor unions in the state, reports the Wall Street Journal. There are more than 2.3
People who run summer camps included in the new sensitive location definitions wonder if popular riflery courses for children are now a crime. It will be a felony to have a gun at sports venues. states, and home to 130,000 people, is also included under the new law.
Pfizer challenged the Agency’s interpretation as contrary to law under the Administrative Procedure Act (APA) in the Southern District of NewYork. Similarly, the Court drew on the plain meaning of “willfully” to reject Pfizer’s argument that the term suggests “an element of corruption.” Pfizer, Inc. July 25, 2022.
Kovaleski reports for the NewYork Times. As courts around the country are asked to determine whether the longstanding federal restriction on marijuana, which classifies it as having no currently accepted medical use, conflicts with Second Amendment gun rights. Federal judges in Oklahoma and Texas, as well as the U.S.
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. Pfizer challenged the OIG’s interpretation as contrary to law in a lawsuit brought in the Southern District of NewYork (SDNY).
The NewYork Democrat was in front of the door without staffers and allegedly confused by the signs on it… So, he pulled a clearly marked fire alarm because he thought that that is how you open a door. .” If it were intended to disrupt the congressional proceedings, it could be treated as a felony. It could be a crime.
Circuit Court of Appeals ruled that the U.S. Environmental Protection Agency (EPA) lacked authority to administratively stay portions of new source performance standards for the oil and gas sector for which it had granted requests for reconsideration. The court therefore found that the stay was unauthorized and vacated it.
Many migrants are released soon after capture, including some without a hearing date or court dates that are years in the future. NewYork City recently sent migrants to other cities without their permission or prior notice; Democratic leaders in El Paso, Texas, have also arranged such transports.
The NewYork state legislature on Wednesday passed a bill that would automatically restore the voting rights of convicted felons once they are released on parole. Additionally, courts must inform defendants on the record before accepting a guilty plea that the defendant will lose the right to vote upon conviction.
Share This article is part of a symposium on the upcoming argument in NewYork State Rifle & Pistol Association v. The authors are public defenders in NewYork City. His sentence was one year on Rikers Island — a “good deal” for simple firearm possession in NewYork City. A preview of the case is here.
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. SCOTUS [the Supreme Court] gives the Biden Admin.
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