SCOTUSBlog

APRIL 23, 2023

Both cases arise under the federal firearm statute, 18 U.S.C. § Enacted by Congress in 1994, Section 922(g)(8) criminalizes gun ownership by anyone subject to a domestic-violence restraining order. Soon after, however, the Supreme Court issued its landmark ruling in New York State Rifle and Pistol Association v.

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Government Court Criminal Law Statute 102

JonathanTurley

OCTOBER 27, 2024

Any action filed against a federal firearms licensee for damages or other relief resulting from the criminal or unlawful misuse of a firearm is expressly addressed in the statute under § 7902 of PLCAA: “A qualified civil liability action … shall be immediately dismissed by the court in which the action was brought or is currently pending.”

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Tort Manufacturing Court Statute 77

Conflict of Laws

MARCH 23, 2024

Rademacher took a closer look at the BGH’s landmark decision from 1992, which deemed the concept of punitive damages intolerable in Germany mainly because its function to punish and deter doesn’t fall in the scope of German private law’s concept of strict compensation; punishment and deterrence are entirely reserved for criminal law.

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JonathanTurley

SEPTEMBER 9, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. 47 U.S.C. §

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Tort Court Compensatory Damages Punitive Damages 42

JonathanTurley

MAY 13, 2021

Notably, according to the New York Post, there were also two monkeys living with Cuevas in the house but that is not itself unlawful. The Lacey Act and other federal wildlife statutes could be charged for such conduct. The punishment is a misdemeanor charge and fines of $500 to $2,000.

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SCOTUSBlog

NOVEMBER 3, 2023

But even if the definition were not clear, the 5th Circuit continued, bump stocks should be excluded from the definition of “machinegun” under the rule of lenity, a doctrine that instructs courts to apply ambiguous criminal laws in the way that is most favorable to defendants. The 6th Circuit ruled that the regulation is ambiguous.

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The Crime Report

APRIL 8, 2022

However, after the industrial revolution [and the rise of] the English working classes, there just weren’t enough police to keep whacking people over the head with the criminal law. Today, one out of every three adults in this country has a criminal or arrest history of some kind.

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Stare Decisis Lawyer Lawyers Legal 139

JonathanTurley

AUGUST 16, 2023

The Fifth Circuit recently reversed the trial court, ruling that the federal statute conflicts with the Second Amendment. Of course, the most pressing question is whether the new Special Counsel will reconsider a host of crimes not charged under the earlier deal. Bruen to toss out the sentence.

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JonathanTurley

JUNE 12, 2024

Below is my column in the New York Post on the conviction of Hunter Biden in Delaware and how his nullification strategy may have backfired. Even before the deal was cut, Weiss allowed major crimes to expire under the statute of limitations (despite having an agreement to extend that period).

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SCOTUSBlog

DECEMBER 31, 2020

Cohen – who first met the Lovings when he was just 29 – filed a lawsuit on their behalf, challenging the Virginia law and similar state statutes as violating the 14th Amendment. Virginia , the court did find the statute unconstitutional. James Buckley of New York. Valeo ,” Bolton told The New York Times.

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JonathanTurley

OCTOBER 15, 2022

There is a bizarre political controversy out of Colorado that may raise some interesting defamation and criminal law questions. What was so striking about this story is that the owner would seem to be incriminating himself in a potentially criminal act, if true. Here is the criminal extortion statute: 18-3-207.

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Statute Criminal Law Court Laws 52

JonathanTurley

APRIL 26, 2024

Below is my column in the New York Post on yesterday’s oral arguments on presidential immunity. If the justices want insight into the implications of denying any immunity, they just need to look north to New York City. The government insisted there is an exception for such acts from the murder statute.

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Criminal Law Court Court Rules Attorney 87

JonathanTurley

NOVEMBER 27, 2020

The litigation over last year’s lettuce recall has only just started due to the statute of limitations. Now, a new slew of negligence and strict liability claims are expected across the country. _. A recent survey of New York doctors found that 60 percent saw an increase in ER visits for cooking wounds and turkey carving accidents.

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Tort Statute Criminal Law Court 39

JonathanTurley

DECEMBER 15, 2021

The Duke of York is arguing that Giuffre was too old at the time of the alleged sexual acts to use the New York Child Victims Act (CVA) to “revive” her claims now. Prince Andrew is arguing that there is an inherent conflict under state law with these claims in light of the general consent law in New York.

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Statute Tort Laws Court 47

JonathanTurley

AUGUST 25, 2021

The case is brought under statutes like 18 U.S.C. In New York Times v. the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Likewise, areas like defamation have been limited by the First Amendment.

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Personal Injury Court Rules Tort Statute 57

JonathanTurley

MAY 27, 2024

To achieve that extraordinary goal, he has alleged that the document violations (which expired long ago under the statute of limitations) were committed to hide some other crime. Originally, Bragg vaguely referenced four crimes and there have been months of confusion as to what he was specifically alleging as his criminal theories.

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JonathanTurley

MAY 28, 2024

Below is my column in the New York Post on the closing arguments scheduled for today in the trial of former President Donald Trump. Trump’s lawyers are defending a former president who is charged under a state misdemeanor which died years ago under the statute of limitations.

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JonathanTurley

MARCH 20, 2023

I have been critical of the indictment, which is reportedly based on a highly dubious use of a New York misdemeanor charge to revise a long dormant federal election law charge. But the New York case would be easily dismissed outside of a jurisdiction like New York, where Bragg can count on highly motivated judges and jurors.

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Misdemeanor Felony Legal Legal 59

JonathanTurley

AUGUST 16, 2021

million paid to the campaign’s law firm. New York Times reporter Ken Vogel said at the time that Clinton lawyer Marc Elias, with the law firm of Perkins Coie, denied involvement in the anti-Trump dossier. For many individuals, the statute of limitations may have passed on any alleged crimes.

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Law Firm Law Firms Attorney Statute 61

JonathanTurley

JUNE 9, 2023

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. 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.

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Laws Misdemeanor Attorney Felony 52

JonathanTurley

APRIL 7, 2023

The New York Times column is ideal for those willing to “suspend disbelief” to watch this Ed Woods quality horror production. Bragg undoubtedly knew that New Yorkers would likely suspend disbelief when the name on the indictment was “Donald Trump.”

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Felony Court Misdemeanor Statute 45

JonathanTurley

JUNE 24, 2024

Here is the column: In 1976, Saul Steinburg’s hilarious “View of the World from 9th Avenue” was published on the cover of the New Yorker. The map showed Manhattan occupying most of the known world with wilderness on the other side of the Hudson River between New York and San Francisco. In Gonzalez v.

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JonathanTurley

MARCH 18, 2024

In New York, the legislature changed the statute of limitations to allow Trump to be sued while New York Attorney General Letitia James effectively ran on a pledge of selectively prosecuting him. She never specified any particular crime, just promising to bag Trump.

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JonathanTurley

NOVEMBER 14, 2023

Trump reposted a supporter’s “fantasy” of executing a citizen’s arrest of Judge Arthur Engoron and New York Attorney General Letitia James. I have also criticized this New York law. However, it is the law of the state and there does appear to be over-valued properties.

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Felony Misdemeanor Attorney Statute 65

JonathanTurley

SEPTEMBER 15, 2024

In New York Times v. Two justices have indicated that they might be open to the idea of revisiting New York Times v. Moreover, publications are protected in most states by retraction statutes limiting or blocking damages for corrected stories. Those cases also could bring a new review of the public figure standard.

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Lawyer Lawyers Government Felony 64

JonathanTurley

MARCH 13, 2024

was in court this week for another superseding indictment brought by federal prosecutors in the Southern District of New York. It also does not address the fact that the Justice Department not only allowed the statute of limitations to run on major crimes, but sought to finalize an obscene plea agreement with no jail time for Hunter.

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Sports Statute Legal Legal 84

SCOTUSBlog

NOVEMBER 2, 2021

Share More than 80 amicus briefs were filed in New York State Rifle & Pistol Association v. Bruen , the major Second Amendment challenge to a New York law that requires people to show “proper cause” for a license to carry a concealed handgun in public. Amicus briefs supporting New York.

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Statute Laws Contract Court 115

JonathanTurley

DECEMBER 28, 2021

But just as the statement, “Obama fk the [ni**ar], he will have a 50 cal in the head soon” was not a true threat, see Bagdasarian , no reasonable jury could find that Weiss’s statements predicting that other people would harm Senator McConnell met the definition of true threats, see also New York ex rel.

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Government Court Laws Criminal Law 57

JonathanTurley

MAY 21, 2024

C-Span/YouTube Screenshot Below is my column in the New York Post on the meltdown of Michael Cohen on the stand in the Manhattan trial of former President Donald Trump. Even more notably, he admitted to the larceny on the stand — after the statute of limitations had passed. In fact, it was hard not to stare.

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Felony Finance Lawyer Lawyers 87

JonathanTurley

AUGUST 22, 2023

Below is my column in the New York Post on the expanding scandal surrounding the Hunter Biden investigation. The reason for his change at Justice, according to the New York Times? Dan Goldman of New York). Those pesky whistleblowers. Then the case became anything but a laughing matter for Democrats.

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Attorney Misdemeanor Lawyer Lawyers 59

JonathanTurley

APRIL 2, 2023

Below is my column in the New York Post on the level of joy being expressed by many over the indictment of former president Donald Trump, including former FBI Director James Comey. Various professors and pundits have declared that this unprecedented use of New York law would be perfectly legal and commendable.

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Misdemeanor Felony Statute Attorney 59

JonathanTurley

NOVEMBER 9, 2021

While the statute of limitations may protect some, Durham has shown that he can use the crime of lying to federal investigators (18 U.S.C. Targets must admit to prior misconduct or face a new charge. Both Elias and Sussmann did this work through the law firm Perkins Coie, which has strong ties to the Democratic Party.

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Lawyer Lawyers Government Statute 59

JonathanTurley

FEBRUARY 21, 2024

During the recent Trump appeal in Washington, there was also a claim that Special Counsel Jack Smith’s work was unconstitutional, though the challenge was based on the absence of an authorizing statute. New York Rifle & Pistol Association, which his father has condemned. Hunter is pursuing the arguments from Bruen v.

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Court Attorney Lawyer Lawyers 66

JonathanTurley

DECEMBER 9, 2023

Below is my column in the New York Post on the second indictment of Hunter Biden. Here is the column: The 56-page indictment of Hunter Biden for tax evasion makes for racy reading, with the special counsel describing a four-year criminal pattern directed at maintaining Biden’s “extravagant lifestyle.”

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Statute Law School Attorney Criminal Law 87

JonathanTurley

APRIL 15, 2024

Below is my column in the New York Post on the start of the Trump trial today in New York. I have long been critical of the case as a clear example of the weaponization of the criminal justice system. This week, New York judges and lawyers appear eager to prove that the same is true for cases against Donald Trump.

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JonathanTurley

MARCH 22, 2023

They also would have to deal with a charge brought seven years after the alleged offense, despite a two-year statute of limitations for the underlying misdemeanors (or a five-year period for a felony). Michael Cohen worked for Trump The star witness is one of the most repellent figures in New York. Department of Justice.

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The Crime Report

AUGUST 9, 2023

In February of 2023, the testimonies of family members and friends of the victims killed by Sayfullo Saipov , a terrorist convicted of running over and killing eight people in New York City, helped decide if he deserved the death penalty or life behind bars. That problem also extends to the statute of limitations for sex offenders.

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