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The Court of Appeals of the Second Appellate District of Texas threw out a voter fraud conviction Thursday that would have put a Texas woman accused of voting while on supervised release after being convicted of a felony behind bars for five years.
The US Supreme Court has lifted a stay that prohibited the enforcement of a Texas law that criminalizes illegal entry into the state from other countries, allowing the law to go into effect. The US Court of Appeals for the Fifth Circuit later blocked that injunction, allowing the law to go into effect.
million settlement with families of those injured and killed in the 2017 mass shooting at First Baptist Church of Sutherland Springs, Texas. In 2021 a federal district court ruled that the government was partially responsible for the deaths due to negligence. The US Department of Justice Wednesday reached a $144.5
The US Supreme Court held Thursday in Gonzalez v. The case concerns a Texas councilwoman who argues that she was arrested in retaliation for her speech critical of a city government official. The Supreme Court found that the Fifth Circuit Court of Appeals erroneously applied these principles.
Bloomberg Law News ] * Texas loses bid to bar DOJ from sending monitors to ensure the state abides by voting laws. AG Ken Paxton -- who settled outstanding felony charges against him earlier this year -- argued that Texas was fully capable of keeping things legal. American Lawyer ] * Latham & Watkins sanctioned. [
Texas Rule of Evidence 609(a) provides that Evidence of a criminal conviction offered to attack a witness’s character for truthfulness must be admitted if: (1) the crime was a felony or involved moral turpitude, regardless of punishment; (2) the probative.
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 New York State Rifle & Pistol Association v.
“Texas appeals court overturns Crystal Mason’s conviction, 5-year sentence for illegal voting; Mason gained national attention after she was convicted for voting while under supervised release for felony tax fraud; She said she didn’t know she was ineligible to vote”: Karen Brooks Harper of The Texas Tribune has this report.
Now-retired prosecutor Ralph Petty earned a living at the Midland County District Attorney’s Office in West Texas. By night he drafted court documents for judges to sign. Defense attorneys would have protested if they knew what was going on, but county and court officials kept the arrangement quiet among themselves. The 2nd U.S.
The US Department of Justice (DOJ) sued Texas and Governor Greg Abbott in his official capacity on Wednesday over a state law that criminalizes illegal entry into the border state from anywhere but a port of entry, exerting state jurisdiction over what is usually a federal matter. Last month, Abbott signed SB 4.
Texas Rule of Evidence 609(a) provides that Evidence of a criminal conviction offered to attack a witness’s character for truthfulness must be admitted if: (1) the crime was a felony or involved moral turpitude, regardless of punishment; (2) the probative.
The Texas “ law of parties ” allow prosecutors to seek and secure the execution of individuals involved in what is more generally known as “felony murder” crimes—offenses that involve more than one person, all of whom can be prosecuted as equal participants even though one or more of the participants may have had no direct involvement in the murder.
Environmental activists protesting climate change inaction who shut down the largest US energy export port for a day agreed Friday to pay for the cost of first responders and court costs to settle state criminal charges, according to Reuters. The protestors faced up to two years in prison under the law and fines of up to $500,000.
An increasing number of Americans now believe US Supreme Court decision-making is based more on political ideology than the rule of law. Evidence that this disturbing trend is true can be found when taking a closer look at the shift in how the Court has dealt with juvenile cases dating back to 2005.
Michigan courts define gross negligence as “ more than carelessness. He was convicted of all 24 counts brought against him, including terrorism causing death, four counts of first-degree premeditated murder, seven counts of assault with intent to murder and 12 counts of possession of a firearm during the commission of a felony.
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. . In one recent case, a Texas federal judge ruled that the Constitution allows 18-to-20-year-olds to carry handguns outside for protection.
Resolving the contradiction will require an amendment, according to a paper in the Texas Tech Law Review. candidate at the Texas Tech University School of Law and author of the paper. candidate at the Texas Tech University School of Law and author of the paper.
Share The court handed a win to a former-city council member in Texas on Thursday, clearing the way for her federal civil rights claim to move forward. Almost all of the 215 felony indictments under that law, she observed, involved the use or creation of fake government IDs. Under the Supreme Court’s 2019 decision in Nieves v.
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.
s life on March 24, 2023, in an adult Texas prison facility speaks volumes about the ineptitude of the nation’s penal system and the conservative ideological politics of its judicial system in dealing with juvenile offenders. That earned him five additional years in the Texas adult penal system. Supreme Court. That may be.
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.
Texas Department of Public Safety , to be argued on Tuesday, the Supreme Court will decide whether a private individual can sue his state-agency employer for violating the federal Uniformed Services Employment and Reemployment Rights Act of 1994. USERRA allows individuals to sue non-compliant employers in either state or federal court.
Gun Safety pledge offered at Austin Texas program. I started looking at gun thefts,” Boyce said, adding that became alarmed after reading about the thousands of guns stolen each year in Texas. Indeed, more guns are stolen from Texas each year than any state in the country. 268,942 Guns Missing in Texas.
Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. The specific issue before the Court in Dubin v. David Dubin was the managing partner of PARTS, a psychology practice in Texas. David Dubin was the managing partner of PARTS, a psychology practice in Texas.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Texas , involving allegations that a racially biased juror, who commented during voir dire that “non-white” races were statistically more violent than whites, served on petitioner Kristopher Love’s capital sentencing jury.
Singh , in which the court will consider what kind of notice the government must provide before a noncitizen can be deported for not appearing in court. Sheetz came to the Supreme Court, asking the justices to apply the court’s Nolland/Dolan test and find the county’s fee a violation of the takings clause. Under 8 U.S.C.
Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. The Supreme Court has ruled that the seating of a biased juror can violate the constitutional right to an impartial jury. The state supreme court disagreed. Three justices dissented from the denial of review.
Informing juries and judges about the cost of incarcerating a defendant would help reduce mass incarceration and recidivism, and curb “over-punishing,” according to a Texas law professor. This results in what commentators have accurately described as a ‘correctional free lunch.’.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has newly relisted six petitions this week, raising three groups of issues. The district court in July 2019 agreed with the Warhol Foundation that the works were a fair use, but the U.S.
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. Patrick Crusius, the suspect in the mass shooting that killed 23 at an El Paso, Texas shooting in 2019, is still awaiting trial. Most mass shooters do not live to go to trial.
He was tracked down in Texas and arrested due to outstanding warrants for felony possession of a firearm, felony domestic assault, and felony drug possession. In a notice filed by Assistant Public Defender Adrienne Cousins, the court was informed that “Mr.
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.
Texas Attorney General Ken Paxton filed a lawsuit Thursday against a physician for providing gender transition care to 21 minor patients, in violation of a Texas law prohibiting gender transition medical interventions.
That’s nothing,” Leesa Ross, founder of Texas-based Lock Arms for Life , told The Crime Report. “A Do we take this law from a misdemeanor charge to a felony charge? The felony charges filed against the Crumbleys could result in a maximum prison sentence of 15 years on each count of involuntary manslaughter. Cassie Chew.
In 2019, New York 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. percent of violent felony arrests were of suspects with open cases in 2019. That is unjust in so many ways.”. percent of total arrests and 20.2 percent and 25.1
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. Kovaleski reports for the New York Times.
McVey had just torn down Feaster’s Nazi flag and he claimed that he was in fear of an “imminent Antifa attack on his home” last June, according to a court motion in the case. 911 (1825), courts have ruled that “[n]o man can do indirectly that which he is forbidden to do directly.” In famous cases like Bird v. Holbrook , 4 Bing.
Texas Attorney General Ken Paxton announced the arrest of Maria Margarita Rojas, a Houston based midwife, for performing abortions and in the northwest Houston area. This marks the first known criminal arrest of an abortion provider since the Supreme Court overturned Roe v Wade in 2022.
US Supreme Court Justice Samuel Alito indefinitely extended a stay blocking the enforcement of a Texas law that criminalizes illegal entry into the state from other countries. The US Court of Appeals for the Fifth Circuit later stayed that injunction, allowing the law to go into effect.
The laws have produced perverse results as in the controversial case of Tom Horn in Texas. It turned out to be a deputy sheriff but the court found that Courvoisier could rely on reasonable mistaken self-defense. These laws are based on an urban legend that people are routinely prosecuted for defending their homes from intruders.
Share The Supreme Court will hear oral arguments on Wednesday in the case of a 76-year-old Texas woman , Sylvia Gonzalez, who was arrested on charges that she had violated a state law that prohibits tampering with government records. Gonzalez came to the Supreme Court, which agreed last fall to weigh in. In 2019, in Nieves v.
The complaint below details how Reed stole a handgun from a pawn shop in Texas and livestreamed himself committing a “drive-by” shooting in which he fired the stolen handgun blindly into buildings as he drove past. to prevent the commission of a forcible felony; ?or. .” (Officer Mercer is also African American).The Evans 750 F.2d
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court is back in the relist business with a vengeance. The court will be considering 123 petitions and applications at this week’s conference. A short explanation of relists is available here.
The US Supreme Court voted 5-4 on Monday to permit federal border patrol agents to cut the razor wire that Texas installed on the US-Mexico border. The Biden administration requested the decision to allow federal agents to access the border without facing tort claims from Texas.
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