JURIST

DECEMBER 15, 2021

The US District Court for the District of Columbia Tuesday sentenced a North Carolina man to 28 months in prison after he pleaded guilty to a federal felony charge regarding a threat he made against House Speaker Nancy Pelosi. The trial followed an FBI investigation and prosecution by the US Attorney’s Office for the District of Colombia.

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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 post Supreme Court hears arguments in firearms possession cases appeared first on JURIST - News - Legal News & Commentary. Two years ago in Rehaif v.

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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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JURIST

JUNE 15, 2021

Under the 2019 decision in Rehaif , the government had to prove both that a defendant knew he possessed a firearm and that he knew he belonged to a category of persons prohibited from possessing firearms in order to convict that defendant under the statute.

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SCOTUSBlog

APRIL 14, 2023

Congress extended the Immigration and Nationality Act, which regulates immigration into the United States, in 1988 to give immigration enforcement authorities, now the Department of Homeland Security, the power to automatically deport noncitizens convicted of an “aggravated felony” at the state or federal level.

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SCOTUSBlog

MAY 24, 2021

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. Ashcroft that, under the relevant federal statute, DUI convictions like Palomar-Santiago’s are not aggravated felonies. Because the U.S.

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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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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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Paralegal Bootcamp

JULY 28, 2022

I have been in the legal field for over 30 years and a paralegal going on eight years. 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. .); Preparing legal memorandums is one of my favorite things to do.

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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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The Crime Report

JANUARY 18, 2022

The burden of the chronic “Initial Appearance Crisis” falls disproportionately on Black people, who are far more likely to be detained before trial than white people because they lack money for bail or for legal counsel. The Supreme Court has never said,” the authors assert. Additionally, jails are violent, cramped, and frightening places.

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SCOTUSBlog

DECEMBER 8, 2021

In the end, the case may turn on a question that seems more philosophical than legal: Is it possible for a would-be criminal to attempt to threaten physical force but stop short of making any actual threat? The answer could determine the scope of a federal criminal statute that punishes carrying or using a gun during a “crime of violence.”

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SCOTUSBlog

APRIL 19, 2021

United States , holding that a conviction under the federal statute penalizing felons in possession of a firearm requires not only the defendant’s knowledge that he possessed a gun, but also that he knew he had the legal status of a convicted felon. 922(g) , the federal felon-in-possession statute. He was acquitted.

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The Crime Report

APRIL 14, 2022

“Citizens in 21 states can now legally carry concealed firearms for self-defense without a permit,” he writes, noting that in September 2021 , Texas became the most recent state to enact the legislation.

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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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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.”

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The Crime Report

OCTOBER 5, 2021

As states slowly started to legalize and decriminalize certain drugs, authorities have moved to less punitive approaches to address the social costs of addiction. The relationship between anti-gun and anti-drug initiatives becomes clear when looking at felony convictions. How Should We Regulate ‘Dangerous Products’?

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At the Lectern

MARCH 16, 2021

Lewis involves a 2018 statute giving resentencing rights to some defendants convicted of felony murder or murder under a natural-and-probable-consequences theory. The statute is part of Senate Bill No. 1437 , which has made those convictions harder to get.

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Livesay&Myers

APRIL 5, 2021

The fault grounds for divorce in Virginia are adultery, cruelty, desertion, and felony conviction and confinement in excess of one year. Under the current statute, one of the requirements to obtain your final order of divorce is an affidavit of a corroborating witness. There are advantages and disadvantages to each.

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FDA Law Blog

NOVEMBER 6, 2022

Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. By Sophia R. Pfizer’s Petition to SCOTUS.

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SCOTUSBlog

JANUARY 8, 2024

The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. A noncitizen who does not attend a removal proceeding can be ordered removed as long as written notice has been provided to him under the statute. Smith was charged with five felony counts.

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JonathanTurley

OCTOBER 6, 2022

Now, the activist with Direct Action Everywhere has filed a police report and is threatening legal action. PETA and other groups have called the activists “heroes” f or their actions but prosecutors are seeking convictions for felony burglary and theft charges. Indeed, it was expected that citizens would intervene.

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The Crime Report

JULY 22, 2021

For example, a collection of evidence about a single felony offense will be broken down into separate misdemeanor offenses labeled as separate “acts.” Lies about law involve lawyers twisting statutes until they no longer represent the original law.

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JonathanTurley

NOVEMBER 14, 2021

He told the prosecutors “I have been wrestling with this statute with, I’d hate to count the hours I’ve put into it, I’m still trying to figure out what it says, what’s prohibited. I have a legal education.” It is also hard to instruct a jury on an ambiguous statute. Criminal laws are supposed to be interpreted narrowly.

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At the Lectern

JANUARY 3, 2021

But offering the court an important legal issue is not alone enough to get a case heard. The contested legality of a statute making a significant change to the state’s criminal law, that’s certainly “an important question of law.” to settle an important question of law.” Marquez (2020) 56 Cal.App.5th

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Broadcast Law Blog

DECEMBER 29, 2009

Stations that are concerned need to remember that an ad by a legally qualified candidate cannot be censored once a station has agreed to sell time to the candidate. The Chicago Tribune story about this controversy quotes me as stating that stations can censor a candidate ad if the ad violates a Federal felony statute.

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At the Lectern

OCTOBER 24, 2024

It’s another resentencing case under Senate Bill 1437 , 2018 legislation that limited accomplice liability for felony murder and eliminated it for murder under the natural-and-probable-consequences doctrine. Americor Funding , an employment case, is another grant-and-hold for Hohenshelt v. ” Firearm enhancement habeas relief.

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At the Lectern

APRIL 28, 2021

In cases where the statute of limitations is tolled, is the first day after tolling ends included or excluded in calculating whether an action is timely filed?” The case involves Senate Bill 1437 , which narrowed murder liability under the felony murder theory and the natural and probable consequences doctrine. ” Mendoza v.

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JonathanTurley

DECEMBER 5, 2023

Most recently, the “ Dark Biden ” emerged as his legal team pledged to attack witnesses and critics against him. The Justice Department has allowed felonies to lapse against Hunter, but these would be new potential charges with new dates under the statute of limitation. Hunter the Hunted.

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JonathanTurley

JUNE 9, 2023

.” The problem, however, is that this is just like the transport of migrants to Martha’s Vineyard in September 2022, which a number of Democratic leaders and legal experts insisted was also a clear case of kidnapping and human trafficking. Newsom previously asked the U.S. To great acclaim, Rachael Rollins, then the U.S.

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Broadcast Law Blog

FEBRUARY 20, 2019

Given the illegal nature of the product under Federal law, stations have for the most part stayed away from advertising a product which, though possibly legal under individual state laws, is still a potential felony under federal law. Banning ads for a legal product is unlikely to be something that the FCC, on its own, can do.

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Broadcast Law Blog

JANUARY 22, 2010

What has not been addressed are the potential legal issues that this "third party" money may pose for broadcasters during the course of political campaigns. In fact, the Communications Act forbids a station from censoring a candidate ad.

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JonathanTurley

MAY 13, 2021

A story in Houston has everything you would want in a legal controversy: a murder, a mysterious figure known only as “D”, a missing Bengal tiger named India and even Carole Baskin of Tiger King fame. The Lacey Act and other federal wildlife statutes could be charged for such conduct.

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SCOTUSBlog

NOVEMBER 2, 2022

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Justice Ketanji Brown Jackson’s questioning proposed a way of reading the statute that relies on its overall structure, directing a court to go down a list of provisions like a roadmap of decision. “If

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ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” A debtor would beg to differ.”).

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JURIST

MAY 10, 2021

Georgia Governor Brian Kemp Monday signed a bill that repeals an 1863 civil war-era statute , one year after Ahmaud Arbery was fatally shot. Under the repeal of the statute, citizens who are mere bystanders or witnesses do not have the right to detain people.

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Constitutional Law Reporter

APRIL 29, 2025

Facts of the Case The federal statute at issue, Title 18 U.S.C. Under Section 924(c)(3)(A), a crime of violence is defined as a felony that has as an element the use, attempted use, or threatened use of physical force against the person or property of another. 924(c)(3)(A). In support of its decision, the Court cited United States v.

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