Day on Torts

MAY 5, 2021

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute. In Affordable Construction Services, Inc.

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The Crime Report

AUGUST 24, 2021

Leaving intact the nation’s “most aggressively broad” statute criminalizing certain speech and conduct directed toward school employees, the Masters case involved Johnathan Masters, an education graduate student who distributed surveys to secondary school students as part of his research.

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The Crime Report

JUNE 29, 2021

Nationwide, research over the last decade has documented how skyrocketing court fines and fees cause harm to those least able to pay them, and make future justice involvement more likely. The study recommended that Idaho abolish juvenile court administrative fees as a first step towards reform. Looking at The Numbers.

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Day on Torts

FEBRUARY 8, 2021

55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Defendant filed a motion for summary judgment based on the statute of limitations issue, but the trial court ruled in favor of plaintiff, and the Court of Appeals affirmed.

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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

JUNE 14, 2022

In a ruling that will have major implications for tribal justice, the Supreme Court has ruled that Merle Denezpi’s double-jeopardy rights under the Fifth Amendment were not violated by a second, federal court prosecution following his conviction and sentencing by a Court of Indian Offenses for the same incident, SCOTUSBlog reported.

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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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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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The Crime Report

JULY 22, 2021

Most bizarrely, in 2007, a Kansas court allowed a defendant to plead guilty to “attempted second-degree unintentional murder” even though the court acknowledged that “no such crime existed.”. Lies about law involve lawyers twisting statutes until they no longer represent the original law.

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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. In this case, the court had to decide whether the term “violent felony” includes crimes committed with a reckless state of mind. The case came to the court after Charles Borden Jr. Share In Borden v.

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SCOTUSBlog

MAY 27, 2022

In district court, Georgia corrections admitted that its policy substantially burdened Smith’s religious exercise, but it argued that various safety and security concerns justified its refusal to allow beards of any greater length. Court of Appeals for the 11th Circuit reversed , re-instating the half-inch limit.

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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. By JP Ellison & Anne K.

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JonathanTurley

NOVEMBER 14, 2021

The statement could effectively knock out the misdemeanor gun possession count — the one count that could still be in play for the jury after the prosecution’s case on the more serious offense appeared to collapse in court. It is also hard to instruct a jury on an ambiguous statute. I have a legal education.”

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At the Lectern

FEBRUARY 19, 2025

The Supreme Court today said it would decide the merits of Family Violence Appellate Project v. Superior Courts , a writ petition seeking to add an exception to Government Code section 69957 (a), which prohibits in most cases the “use [of] electronic recording technology or equipment. Desta (2018) 5 Cal.5th Desta (2018) 5 Cal.5th

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At the Lectern

MAY 30, 2024

Appellate Division , the Supreme Court today reinstates a trial court dismissal of misdemeanor charges against a then-85-year-old landlady who, with her co-owner son, rented her property to an unlicensed cannabis business, but who had no knowledge of the covert cannabis activities. In Wheeler v.

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JonathanTurley

JUNE 7, 2023

Yesterday, the United States Court of Appeals for the Third Circuit handed down a major ruling in favor of the Second Amendment rights of ex-felons. While it is always risky to bet on granting of review before the Supreme Court, this en banc decision is well positioned for a Supreme Court showdown over the Second Amendment.

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At the Lectern

MAY 16, 2025

Part I of the report on the Supreme Court’s Wednesday double conference is here. 5th 608, which held the statute denied equal protection by precluding a resentencing opportunity for those who were sentenced to the functional equivalent of life without parole. This is Part II. Heard (2022) 83 Cal.App.5th See here.)

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At the Lectern

MAY 4, 2023

” The court’s unanimous opinion by Justice Goodwin Liu notes that since enactment of the statute (Welfare and Institutions Code section 702), “we have thrice remanded for further proceedings to remedy noncompliance with its express declaration requirement.” In In re F.M. ,

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JonathanTurley

OCTOBER 6, 2022

However, not only is another court likely to find that there was no right to rescue in a case involving the theft of pigs by animal activists , this activist is likely to establish that the players had right to tackle. The protester was engaged, at a minimum, in a criminal misdemeanor while be pursued by security.

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At the Lectern

MARCH 24, 2022

There were no straight grants at the Supreme Court’s conference yesterday, with only six justices participating because newly confirmed Justice Patricia Guerrero has not yet been sworn in. Immunity for law enforcement : The court granted-and-held in Nelson v. will have to come from our Supreme Court, rather than from us.’

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JonathanTurley

MAY 19, 2021

The case could present an important court test for this country in resisting the criminalization of speech that we have seen in Europe. One of the greatest threats to free speech is the chilling effect caused by ambiguous or vague standards like the one contained in this statute. Free speech demands bright lines. Mosley , 408 U.S.

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JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. 568, 572 (1942), the Court has sharply abridged the application that exception.

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JonathanTurley

AUGUST 5, 2021

That is common in sexual harassment cases and hostile workplaces where you can get around statute of limitations when at least one case is recent or ongoing. Forcible touching is a class A misdemeanor. However, as shown by the Bill Cosby case , such evidence can create reversible error in criminal cases. Alvino, 519 N.E.2d

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JonathanTurley

JUNE 9, 2023

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. Many migrants are released soon after capture, including some without a hearing date or court dates that are years in the future. The reason is that these claims are made for cable news, not courts of law.

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JURIST

AUGUST 4, 2021

The US Court of Appeals for the Seventh Circuit on Monday upheld an Indiana law requiring medical providers to report complications “arising from” abortions to the state. Failure to comply with the law is a class B misdemeanor punishable by up to six months in prison and $1,000 in fines.

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SCOTUSBlog

JUNE 24, 2023

By a vote of 6-3, the Supreme Court ruled on Thursday in Pugin v. The question came to the court in the cases of two men, Jean Francois Pugin and Fernando Cordero-Garcia, both permanent residents of the United States who had lived in the country for decades. Court of Appeals for the 4th Circuit held in Pugin’s case that it did not.

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Above The Law

APRIL 25, 2025

Strange line of questioning when the case concerns a judge who is able to do her duties so well that she still managed to get a dissent affirmed by the Supreme Court during her stealth impeachment. “This is the statute not just about misconduct, but about disability. Circuit Judge Patricia A.

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JURIST

DECEMBER 19, 2023

The bill creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses. billion in state funding for the costs of implementing the new criminal statute. An additional bill, Senate Bill 3 , was also signed into law to provide over $1.5

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Constitutional Law Reporter

APRIL 29, 2025

Supreme Court held that the knowing or intentional causation of injury or death, whether by act or omission, necessarily involves the use of physical force against another person within the meaning of18 U.S.C. Facts of the Case The federal statute at issue, Title 18 U.S.C. In support of its decision, the Court cited United States v.

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JURIST

MARCH 26, 2023

A federal court in Guam Friday denied a request to reinstate a total abortion ban on the island of Guam. Chief Judge Frances Tydingco-Gatewood of the District Court of Guam ruled that the original permanent injunction from 1990, which blocked Public Law No. Wade , does not impact the statute’s constitutionality.

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JURIST

MAY 9, 2024

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. They first argue that the federal government has exclusive power to regulate immigration and that Iowa’s law conflicts with federal immigration statutes.

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At the Lectern

SEPTEMBER 19, 2024

At its conference yesterday, the Supreme Court agreed to hear two more cases. Supreme Court approves pardon for host of Pulitzer Prize nominated podcast. The court granted review in Snap, Inc. Superior Court. The Snap case will be a follow-up to the Supreme Court’s Facebook, Inc. City ordinance enforcement.

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The Crime Report

NOVEMBER 8, 2021

Texas authorities say they have the right to keep it under civil forfeiture statutes. Courts would describe the behavior as coercion in any other context. Supreme Court’s cramped interpretations of the Fourth Amendment enable these sorts of abuses. Courts must level the playing field and start pushing back.

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At the Lectern

APRIL 29, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court OK’s commutation of three-strikes sentence. The court granted review in Pulliam v. The appellate court concluded the Rule doesn’t limit attorney fees, disagreeing with Lafferty v. The court denied depublication.]. Jenkins (Jan.

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The Crime Report

MAY 16, 2022

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 in 2014), and the percentage of defendants released pending trial who showed up for pretrial court appearances declined to 89.4 percent, from 92.7

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The Crime Report

JANUARY 6, 2023

side without going through a designated port of entry, that same action becomes a misdemeanor or even a felony , depending on the circumstances. . In 1969, the Supreme Court held in Shapiro v. When someone ‘jaywalks’ from the Mexican side of the border to the U.S. Decriminalizing jaywalking was a measure of equity. Thompson that U.S.

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Immigration Laws Misdemeanor Government 114

The Crime Report

SEPTEMBER 21, 2021

Court of Appeals for the District of Columbia Circuit. GREG BERMAN: You recently told me that you went to New York City criminal court to mark the 50th anniversary of your first visit to criminal court. I spent a day in arraignment court at 100 Centre Street in Manhattan. Tell me what you saw.

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