JURIST

OCTOBER 18, 2024

Nebraska Secretary of State Robert Evnen had refused to implement the statute after it passed in the Nebraska Legislature, directing election officials to stop registering felons who have not been pardoned by the Nebraska Board of Pardons and challenging the law as unconstitutional.

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Statute Court Felony Laws 197

JURIST

JUNE 5, 2021

Sergeant Nathan Van Buren was paid $5,000 by an FBI informant to run a license plate number through a law enforcement database. Justice Amy Coney Barrett, writing for the majority, held that the plain meaning of the text of the statute aligns with Van Buren’s argument.

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Court Statute Felony Legal 222

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

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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Statute Mens Rea Manufacturing Court 98

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 issues in both cases involves the federal law that prohibits felons from possessing firearms, 18 USC §922(g). Two years ago in Rehaif v.

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Court Felony Government Statute 203

JURIST

JUNE 15, 2021

United States involved 18 USC §922(g) , the federal law prohibiting felons from possessing firearms. The court found that neither carried that burden, as both had been convicted of multiple felonies prior.

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Court Felony Government Statute 188

SCOTUSBlog

APRIL 14, 2023

Cordero-Garcia , involving whether a federal law that allows the government to deport noncitizens convicted of “an offense relating to obstruction of justice” applies even to cases that are not connected to open investigations or judicial proceedings. In 2014, Pugin pleaded guilty in Virginia to being an accessory after the fact to a felony.

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Immigration Statute Felony Court 109

JURIST

JANUARY 3, 2024

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.

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Immigration Laws Misdemeanor Felony 118

SCOTUSBlog

MAY 24, 2021

Palomar-Santiago , involved Refugio Palomar-Santiago, a Mexican citizen who became a lawful permanent resident – that is, a green card holder – in 1990. 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.

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Felony Court Immigration Statute 125

The Crime Report

JULY 27, 2021

Since 2006, when meth labs were appearing across rural communities, Alabama has made it a felony to expose a child to a chemically toxic environment by enforcing heavier penalties on people who make drugs around children, exposing them to the vapors that are emitted in the creation of crack and meth.

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Felony Statute Legal Legal 105

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. A panel of the U.S.

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Statute Felony Government Court 103

SCOTUSBlog

APRIL 21, 2021

922(g) , the federal statute making it a crime for a convicted felon to possess a firearm, applies only to people who know they are “felons” within the meaning of that law. Jeffrey Fisher, a Stanford law professor representing Gary, defended the 4th Circuit’s structural-error approach. Roberts asked.

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Criminal Law Laws Felony Government 106

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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Felony Misdemeanor Statute Court 52

SCOTUSBlog

JUNE 24, 2021

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. In this case, the court had to decide whether the term “violent felony” includes crimes committed with a reckless state of mind. Borden objected. Ashcroft and Voisine v.

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Mens Rea Felony Statute Misdemeanor 91

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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Felony Law School Statute Attorney 97

SCOTUSBlog

FEBRUARY 28, 2023

United States felt like a legislation class in law school, with various canons of statutory construction being bandied about. Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. Share In many ways, Monday’s oral argument in Dubin v.

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Statute Construction Felony Law School 100

Livesay&Myers

APRIL 5, 2021

Effective July 1, 2021, Virginia law will no longer require a corroborating witness for a divorce based on no-fault grounds. The new law makes it significantly easier to obtain a no-fault divorce in Virginia. The post New Law Makes No-Fault Divorce Easier in Virginia appeared first on Livesay & Myers, PC.

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Divorce Laws Family Law Statute 90

The Crime Report

OCTOBER 18, 2021

“Most defendants in federal firearms cases are charged pursuant to the Gun Control Act of 1968, which regulates interstate and foreign firearms commerce and prohibits certain persons, such as those with felony convictions, from possessing a firearm,” the study said. Federal law also penalizes the criminal use of firearms.

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Felony Manufacturing Statute Attorney 119

SCOTUSBlog

JULY 1, 2021

In an opinion by Justice Samuel Alito, the majority outlined what it described as “guideposts” for future challenges to voting laws under Section 2 of the Voting Rights Act , which bans racial discrimination in election practices. The second provision at issue bans what is sometimes called “ballot harvesting.”

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Court Statute Felony Laws 138

The Crime Report

APRIL 14, 2022

Do state laws permitting individuals to carry concealed weapons undermine federal legislation banning weapons in the vicinity of schools? 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.

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Felony Law School Statute Laws 122

SCOTUSBlog

JUNE 15, 2021

922(g) , the federal statute barring people with prior felony convictions from possessing firearms, the government must prove that the defendant knew he was a felon at the time he possessed a firearm. Common sense,” he continued, suggests that most people with felony convictions are aware of their legal status as convicted felons.

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Felony Court Government Misdemeanor 103

SCOTUSBlog

DECEMBER 6, 2021

The case involves the interaction of two federal criminal statutes. The first is the Hobbs Act , a 1946 law that makes it a federal crime to commit robbery (or attempt to do so) in a way that affects interstate commerce. The second statute is 18 U.S.C. § law firm in 2019.

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Felony Government Statute Court 104

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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Attorney Court Felony Legal 145

SCOTUSBlog

MARCH 8, 2022

The Armed Career Criminal Act mandates a 15-year mandatory minimum for Section 922(g) offenders (the federal felon-in-possession-of-a-firearm statute) with at least three prior violent felony or serious drug offense convictions, so long as those convictions were “ committed on occasions different from one another.”

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Felony Statute Court Construction 104

Legal Writing Launch

OCTOBER 4, 2024

At its core, legal writing supports the practice of law, ensuring that legal professionals can advocate for clients, interpret laws, and present cases in a structured manner. Lawyers need to draft meticulously documents such as contracts, wills, and statutes to ensure that these documents are enforceable and comprehensible.

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Legal Legal Drafting Lawyer 130

SCOTUSBlog

DECEMBER 8, 2021

But after 90 minutes of debate, none of the analogies, no matter how fanciful, seemed much help as the justices struggled to solve a statutory puzzle involving attempted robbery, threats of violence, and two federal laws with expansive language. The statute, 18 U.S.C. §

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Statute Government Felony Legal 103

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.

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Statute Felony Court Laws 49

The Crime Report

JULY 22, 2021

Often it’s to ensure fairer and more responsive treatment at the hands of a justice system that otherwise offers them few other options, says a Rutgers University law professor. It depends on deception to “sidestep the law without changing the law.”. Lies about facts are used by parties to manipulate evidence in a case.

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Misdemeanor Laws Lawyer Lawyers 122

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.” Martha Hutton argues for Jean Francois Pugin.

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Immigration Felony Court Statute 107

JonathanTurley

JUNE 7, 2023

At issue was the federal “felon-in-possession” law—18 U.S.C. § The federal law makes it “unlawful for any person. When his wife recently bought him a deer-hunting rifle, he learned that he was barred under federal law. It also is an appeal that would be made by the United States over the invalidation of a federal statute.

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Laws Misdemeanor Felony Statute 58

At the Lectern

JUNE 17, 2021

Esquivel today expands the number of convicted defendants who can take advantage of new statutes that reduce prison terms and that apply retroactively to non-final judgments. if the defendant may still timely obtain direct review of an order revoking probation and causing the state prison sentence to take effect.

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Court Laws Felony Statute 49

The Crime Report

OCTOBER 5, 2021

That’s a lesson worth applying to current strategies addressing the epidemic of gun violence, writes Benjamin Levin , an Associate Professor of Law at the University of Colorado Law School. The relationship between anti-gun and anti-drug initiatives becomes clear when looking at felony convictions.

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Criminal Law Law School Felony Legal 116

The Crime Report

NOVEMBER 2, 2023

On Wednesday, Digmon was also charged with two felony counts of violating state ethics law for allegedly using her school board position to solicit a thing of value by selling more than $2,500 in advertisements to the board. ” Abuse of grand jury information is a felony under Alabama law.

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Felony Contract Attorney Laws 105

At the Lectern

AUGUST 12, 2021

Raybon , the Supreme Court today concludes that Proposition 64, a 2016 initiative that in general allowed adults to possess limited amounts of cannabis, did not override an existing statute banning possession of controlled substances in state correctional facilities.

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Statute Legal Legal Felony 49

At the Lectern

JUNE 26, 2023

Prudholme , the Supreme Court today holds that legislation reducing maximum probation terms applies retroactively and, when so applied, doesn’t jeopardize a plea agreement reached under the harsher superseded law. In People v. Stamps (2020) 9 Cal.5th Stamps (2020) 9 Cal.5th

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Statute Court Rules Court Felony 40

Broadcast Law Blog

APRIL 3, 2022

For this action to be effective, the Senate would need to also vote on this bill to take the drug off Schedule I, which currently makes its possession and distribution (and the use of radio to promote it), a federal felony. Then the President would have to sign the bill.

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Construction Felony Statute Technology 108

Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. The appeals court found that the “plain meaning” of the word “use” is “to employ for the accomplishment of some purpose” or “ ‘to avail oneself of,” (quoting Black’s Law Dictionary 1776 (10th ed. Facts of the Case.

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Healthcare Court Felony Statute 52