JURIST

OCTOBER 18, 2024

The Nebraska Supreme Court ordered the state’s Secretary of State to implement Legislative Bill (LB) 20 on Wednesday, providing for the automatic restoration of voting rights for felons in Nebraska upon completion of their sentence.

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Statute Court Felony Laws 197

JURIST

JUNE 5, 2021

In a 6-3 decision on Thursday, the US Supreme Court held that a former police sergeant did not violate the 1986 Computer Fraud and Abuse Act (CFAA) when he used his patrol car computer to access a police database for personal purposes.

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Court Statute Felony Legal 222

HowAppealing

FEBRUARY 15, 2023

Attorney General , involving a Second Amendment challenge to the federal statute criminalizing the possession of guns by individuals convicted of a nonviolent felony: You can access the live audio on YouTube via this link. The oral argument is scheduled to begin at 10 a.m. eastern time.

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JURIST

APRIL 24, 2021

The Supreme Court on Tuesday heard oral arguments in two cases involving one of its own precedents regarding felony firearms possession. The justices pushed Solicitor General Benjamin Snyder on what kinds of evidence an appellate court can use, and how far outside the trial court record they can go.

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Court Felony Government Statute 203

JURIST

JUNE 15, 2021

The US Supreme Court on Monday limited new trials for felons convicted for being in possession of a firearm, limiting the retroactive application of its 2019 decision Rehaif v. The court found that neither carried that burden, as both had been convicted of multiple felonies prior. United States. The issue in Greer v.

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Court Felony Government Statute 188

JURIST

JUNE 3, 2024

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.

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Court Statute Felony Laws 163

CourtTechBulletin

JUNE 20, 2022

The Administrative Office of the Courts is issuing a Request for Proposals (RFP) to redesign the website of the New Mexico Judiciary (www.nmcourts.gov). The redesign should produce an easy-to-navigate website to help the public conduct business with courts statewide and provide information about court services and operations to website users.

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The Crime Report

FEBRUARY 27, 2023

On Monday, the Supreme Court heard arguments in a case set to decide whether a defendant has to actually “steal an identity,” under at least common understanding of what that means, to be convicted of aggravated identity theft under federal law. Now, the court is set to decide if that qualifies as identity theft under the law.

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Statute Felony Court Government 75

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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SCOTUSBlog

APRIL 14, 2023

On Monday, the court will hear argument in a pair of cases, Pugin v. While aggravated felonies were initially limited to a few serious crimes, Congress has expanded the list to encompass a broader array of criminal activity, including – in 1996 – “offenses relating to the obstruction of justice.” Share In 1948, Justice William O.

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JURIST

DECEMBER 15, 2021

The US District Court for the District of Columbia Tuesday sentenced a North Carolina man to 28 months in prison after he pleaded guilty to a federal felony charge regarding a threat he made against House Speaker Nancy Pelosi. The man, Cleveland Grover Meredith, Jr., pleaded guilty to interstate communication of threats.

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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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SCOTUSBlog

NOVEMBER 2, 2022

Share On Tuesday, the court heard argument in Jones v. Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Two decades into his prison term, the Supreme Court decided in Rehaif v. 922(g) and sentenced to more than 27 years’ incarceration. In 1948, Congress passed 28 U.S.C.

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FDA Law Blog

AUGUST 4, 2022

Kirschenbaum — In a recent decision, the Second Circuit upheld the HHS Office of the Inspector General (OIG)’s position that Pfizer’s proposed copay assistance program for its high-cost heart treatment would violate the Federal Anti-Kickback Statute (AKS). The Second Circuit’s Interpretation of the Anti-Kickback Statute. Pfizer, Inc.

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SCOTUSBlog

OCTOBER 1, 2021

The Supreme Court will answer this question in Wooden v. The court will hear oral argument on Monday, the first day of the 2021-22 term and the first time the justices will be back in the courtroom for an in-person hearing in more than 18 months. Court of Appeals for the 6th Circuit agreed with the government.

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SCOTUSBlog

JUNE 15, 2021

Share Federal felon-in-possession defendants who fail in the trial court to assert their rights under the Supreme Court’s 2019 decision in Rehaif v. United States face an “uphill climb” to get a new trial or plea proceeding, the court stated Monday in Greer v. United States and United States v.

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The Crime Report

JANUARY 10, 2023

Washington’s Supreme Court declared Washington’s felony drug possession statute unconstitutional in 2021 because it made possession a felony, whether someone was aware of the drugs being on them or not. Lawmakers responded to the ruling by temporarily making drug possession a simple misdemeanor.

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SCOTUSBlog

FEBRUARY 24, 2023

Share The federal aggravated identity theft statute imposes a two-year sentence for any person who, “during and in relation to” certain enumerated felonies, “knowingly transfers, possesses, or uses without lawful authority, a means of identification of another person.” United States. United States. Dubin disagrees. A panel of the U.S.

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At the Lectern

SEPTEMBER 20, 2021

Two months ago , the Supreme Court in People v. 5th 952 interpreted Penal Code section 1170.95, which was enacted in Senate Bill 1437 , 2018 legislation narrowing murder liability under the felony murder theory and the natural and probable consequences doctrine. Lewis (2021) 11 Cal.5th Lewis (2021) 11 Cal.5th See here and here.)

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JURIST

JANUARY 14, 2023

Director Nils Muižnieks issued his statement after Greece’s Court of Appeal of Mytilene dropped some of the misdemeanor charges previously laid against the volunteers. The statute of limitations for the remaining misdemeanor charges against the two will expire in February. All we want is justice. We want this to go to trial.

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Misdemeanor Felony Statute Court 104

FDA Law Blog

SEPTEMBER 28, 2023

Walsh — As readers of the FDA Law Blog know, the FDC Act is a strict liability criminal enforcement statute that can impose criminal misdemeanor penalties on a person without any showing of intent. His arguments were rejected by the district court, and the 9th Circuit affirmed the felony conviction.

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SCOTUSBlog

APRIL 20, 2023

Cordero-Garcia , the justices sought to define the contours of an “offense relating to the obstruction of justice,” which is one among the prior convictions that subjects noncitizens to mandatory removal from the United States as an “aggravated felony.” The argument on Monday did not provide a clear path forward.

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Immigration Court Felony Statute 115

JURIST

JANUARY 3, 2024

The case is in the US District Court for the Western District of Texas Austin Division. The law creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses. Last month, Abbott signed SB 4.

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The Crime Report

MARCH 7, 2022

More than 60 crimes fall under the hate crime statute in New York, 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.

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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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SCOTUSBlog

MARCH 8, 2022

Share William Dale Wooden burglarized 10 units in a single storage facility, and pleaded guilty to 10 counts of burglary in Georgia state court. The question the Supreme Court faced in Wooden v. Court of Appeals for the 8th Circuit. The difference was not just semantic. Petty , a 1986 case in the U.S.

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SCOTUSBlog

FEBRUARY 28, 2023

Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. Justices Sonia Sotomayor, Neil Gorsuch, and Ketanji Brown Jackson worried about the due process vagueness concerns that could result from the government’s broad reading of the statute.

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SCOTUSBlog

DECEMBER 6, 2021

On Tuesday, the Supreme Court will delve into that question in United States v. The case involves the interaction of two federal criminal statutes. The second statute is 18 U.S.C. § 924(c) , which makes it a federal crime to use a gun in connection with any “crime of violence” that can be prosecuted in federal court. . §

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The Crime Report

JANUARY 18, 2022

While most Americans believe arrested people go to court soon after their arrest, Constitutional guarantees of a “fair and speedy trial” are infrequently honored in our under-resourced criminal justice system, according to a study produced by the Deason Criminal Justice Reform Center at the Southern Methodist University Dedman School of Law.

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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

SCOTUSBlog

APRIL 19, 2021

Share On June 21, 2019, the Supreme Court handed down its opinion in Rehaif v. United States , holding that a conviction under the federal statute penalizing felons in possession of a firearm requires not only the defendant’s knowledge that he possessed a gun, but also that he knew he had the legal status of a convicted felon.

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SCOTUSBlog

APRIL 21, 2021

Gary , it was that the justices are struggling to draw boundaries around the circumstances in which federal criminal defendants are entitled to a new proceeding in the district court after the court of appeals has found “plain error” in the trial or plea hearing. After the decision in Rehaif, the U.S.

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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.

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The Crime Report

APRIL 14, 2022

In most urban and suburban areas, particularly in Texas, it’s “nearly impossible to go about one’s day without entering a school zone,” which in turn conflicts with a citizen’s ability to exercise a right guaranteed under the Constitution, as interpreted by the Supreme Court, writes Tyler Smotherman, a J.D.

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Felony Law School Laws Statute 122

SCOTUSBlog

DECEMBER 8, 2021

The answer could determine the scope of a federal criminal statute that punishes carrying or using a gun during a “crime of violence.” The statute, 18 U.S.C. § 924(c) , defines “crime of violence” as any felony that involves “the use, attempted use, or threatened use of physical force.”.

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Paralegal Bootcamp

JULY 28, 2022

Then, an opportunity came along to work for the County Public Defender’s Office, defending people in misdemeanor, felony, and now the only paralegal in the office on capital cases. is to know your local rules and statutes. In those years, I have only worked on civil cases, and that was my niche. Conflict Checks.

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At the Lectern

JULY 26, 2021

Lewis , the Supreme Court today gives already convicted defendants a better chance of getting relief under Senate Bill 1437 , 2018 legislation which narrowed murder liability under the felony murder theory and eliminated it under the natural and probable consequences doctrine. In People v.

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Statute Felony Court Laws 49