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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.
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.
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 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 on Monday agreed to hear Delligatti v. The court granted the case certiorari and added it to its docket for the 2024 to 2025 term. ” However, this definition has emerged as controversial as courts have disagreed over applying the definition. This brings the court to the issue in Delligatti 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.
Jagger Freeman has been convicted of second-degree murder and sentenced to 30 years to life in prison because of NewYork’sfelony murder law, a legal concept that broadens the crime of murder to include those who set into motion a series of events that lead to a person’s death, regardless of their intent, The Gothamist reports.
“‘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.
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.
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.
US Senators Jacky Rosen (D-NV) and Rick Scott (R-FL) Wednesday introduced new legislation that would bar Congress members from collecting pensions funded through taxes if they receive a felony conviction tied to their position as a congressperson. It’s past time that corrupt members of Congress are held accountable.
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.
In 2019, NewYork passed a bill eliminating both cash bail for most misdemeanors and non-violent felony offenses and judges’ discretion in setting bail amounts in those cases. In the last 17 months, 20 people have died in NewYork’s notorious jail facility on Rikers Island, the majority of whom were pre-trial detainees.
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.
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.
Nasheem Heath’s participation in a program for young felony offenders kept him out jail. Upon his release, he entered an alternative-to-incarceration court program for youthful felony offenders and was sentenced to probation. The court for young, under-resourced offenders is modeled after adult diversion courts.
By night he drafted court documents for judges to sign. As a subsequent ruling by the Texas Court of Appeals finally made clear, the arrangement was not a momentary lapse in judgment or a one-time offense induced under pressure. A recent NewYork ruling shows just how far immunity has metastasized. Alexa Gervasi.
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.
PERF invited Shields and the police chiefs of NewYork City, Portland, Ore., NewYork Police Commissioner Dermot Shea said his violent crime problem was largely confined to just 10 of the city’s 77 precincts. He said the slowdown in courts “is killing us.”. NewYork Police Commissioner Dermot Shea.
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.
in 2018, but Florida law requires that a jury determine a sentence of either death or life in prison for capital felonies, the Associated Press reports. The NewYork Times is carrying live coverage of the jury trial , which is expected to last months. Cruz is the first perpetrator of a shooting that size to face a jury.
A week earlier, when a lone gunman terrorized subway riders in NewYork City , it was a miracle no one died. In some states, residents couldn’t previously obtain a permit to carry if they had been convicted of resisting law enforcement or had juvenile adjudications that would have been felonies had the person been an adult.
NewYork Gov. Andrew Cuomo has declared a “first-in-the-nation” disaster state of emergency regarding the rise in gun violence — which Cuomo says has now taken more lives than the COVID-19 pandemic, and is a growing threat to the broader economic recovery and at-risk youth, report the Wall Street Journal and Fox News. .
Following action by Oregon’s governor to commute all of its state’s death sentences, Bob Egelko in the San Francisco Chronicle and Blake Hounshell in the NewYork Times examined whether Governor Gavin Newsom might do the same in California. (It Few clues to state high court’s crackdown on governor’s clemency grants”.
A common misconception, perpetuated by popular television shows and movies, as well as the Sixth Amendment, is that everyone gets their day in court. From about the 1600s, they had a gigantic Criminal Code where everything was a felony and every felony was punishable by death. The courts are not for landless laborers.
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).
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.
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