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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.
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.
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.
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.
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.
A law passed by Texas legislators has been temporarily blocked by an Austin court after a lawsuit filed by the American Civil Liberties Union of Texas and Lambda Legal on behalf of the parents of a transgender teenager who was being investigated for abuse by the Department of Family and Protective Services.
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.
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.
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.
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.’.
I would like to divert more people away from the court to a more restorative and supportive system, that could also meet the needs of the person harmed, but few of these [systems] exist,” said one. Ten of the 19 respondents cited worries about the availability of sufficient resources to back up and expand their efforts. “I Satana DeBerry.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court will be considering a total of 202 petitions and applications at Thursday’s conference. The Supreme Court called for the views of the solicitor general. A divided panel of the U.S.
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.
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.
While there is a fair debate over the policy of relocation by states like Texas and Florida, the effort to use the criminal process as part of that political debate is … well, pathetic. Many migrants are released soon after capture, including some without a hearing date or court dates that are years in the future.
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.
“ In a Central Texas county, high schoolers are jailed on felony charges for vaping what could be legal hemp ” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
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.
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.
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.
Texas Governor Greg Abbott signed a bill into law Monday that criminalizes illegal entry into the border state from anywhere but a port of entry, exerting state jurisdiction over what is normally a federal matter. The bill creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses.
Texas and Louisiana filed suit against the federal government Tuesday in the US District Court for the Southern District of Texas, alleging that immigration authorities declined to take custody of convicted individuals who could be subject to deportation.
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. Justice Kavanaugh writes, quoting Linda R.S. :
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
Texas Governor Greg Abbott issued a statement asserting Texas’ constitutional right to self-defense on Wednesday as tensions with the Biden administration over security along the US southern border escalated. Texas intensified its border security measures with the launch of Abbott’s Operation Lone Star in March 2021.
A Texas judge granted on Thursday a temporary restraining order (TRO) barring the enforcement of the state’s strict abortion bans on a pregnant woman whose fetus was recently diagnosed with a fatal condition. Texas’s trigger ban took effect in 2021. Texas’s pre- Roe ban dates back to 1925.
Circuit Court of Appeals ruled that the U.S. Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The court therefore found that the stay was unauthorized and vacated it. FEATURED CASE. A divided D.C. Clean Air Council v. Pruitt , No.
The Texas Supreme Court upheld a statutory ban on gender-affirming care for minors on Friday. The plaintiffs are parents whose children are taking or intend to take gender-affirming care, licensed Texas physicians, and LGBTQ+ rights advocate groups. The defendants were various Texas officials and governmental bodies.
Texas’ trigger law has officially gone into effect, making performing an abortion a felony punishable by up to life in prison and a civil penalty of not less than $100,000, plus attorney fees, with only narrow exceptions to save the life of a pregnant patient, reports the Texas Tribune.
The Oklahoma House of Representatives voted Tuesday to enact a law that makes it a felony to perform or attempt to perform an abortion, except to save the life of the pregnant woman in a medical emergency. 8 in Texas in September 2021. The Court heard oral arguments in Dobbs v. The Court heard oral arguments in Dobbs v.
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.
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.
Share The Supreme Court appeared ready to uphold a federal law that bars anyone subject to a domestic-violence restraining order from possessing a gun. The challenge to the law came to the court in the case of Zackey Rahimi, who was the subject of a Feb. Court of Appeals for the 5th Circuit agreed and threw out Rahimi’s conviction.
In the complaint filed with the District Court of Southern Iowa, the groups claim that Iowa has exceeded its power by intruding on areas of law reserved to the federal government. ” If the person was previously removed for committing a crime, reentry becomes a felony with a maximum sentence of ten years.
SB 612 made abortion and any attempt at an abortion a felony with punishments including fines and jail time. Unlike Texas’ 6-week abortion ban and Arizona’s 15-week abortion ban, the new Oklahoma law SB1503 implements a near-total ban, with only medical emergency exceptions.
I ran across an article recently in the Journal of the Texas Supreme Court Historical Society about James V Allred, who succeeded the infamous Miriam “Ma” Ferguson as Governor of Texas in 1935. The Article, “Texas Troubles: Governor Allred and His Rangers Defy Jim Crow,” by Jody Edward Ginn, Ph.D.
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