SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Returning Relists.

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At the Lectern

JANUARY 3, 2021

That 2018 legislation, which scales back the felony-murder rule and the “natural and probable consequences” doctrine, has been attacked by various district attorney’s around the state as an invalid amendment of several voter initiatives and as a violation of the separation of powers. Marquez (2020) 56 Cal.App.5th

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SCOTUSBlog

MARCH 30, 2022

Issue : Whether the statute of limitations for a 42 U.S.C. 1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the U.S. (relisted after the Jan. 25, March 4, March 18 and March 25 conferences). Goertz , 21-442. relisted after the Feb.

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At the Lectern

JANUARY 23, 2025

The defendant was sentenced over 40 years ago to life without parole for felony murder after a jury’s true finding of felony-murder special circumstances. The 2018 legislation narrowed felony murder liability and allows for resentencing. Curiel (2023) 15 Cal.5th 5th 433, 451-452.” Superior Court (1965) 63 Cal.2d

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SCOTUSBlog

MARCH 23, 2022

Issue : Whether the statute of limitations for a 42 U.S.C. 1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the U.S. That’s all for this week. Until next time, stay safe ! New Relists. United States , 20-7617. 10 and Jan.

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At the Lectern

NOVEMBER 11, 2021

Four-justice separate statement, citing amicus letters, urges legislative action on vessel speed limit statute. 5th 326 decision that a parole eligibility statute applicable to minors — but not to young adult offenders — sentenced to life without parole doesn’t violate equal protection principles.

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JonathanTurley

OCTOBER 23, 2021

b) Involuntary—in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This incident could well prove a violation of a statute or regulation making the act “negligent per se.”

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JonathanTurley

MAY 13, 2021

The Lacey Act and other federal wildlife statutes could be charged for such conduct. If convicted of a felony, the maximum penalty is $20,000 and/or up to five years imprisonment. However, possession for roaming animals has been litigated. However, the penalties are notably higher.

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At the Lectern

APRIL 11, 2024

” The dissent said, “The problem with importing res judicata principles here is it applies Federal Rules of Civil Procedure, rule 41 too broadly, ‘clos[ing]the courthouse doors to an otherwise proper litigant.’ ” Lawsuit dismissal and res judicata. .” State Bar Court didn’t take the hint.

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SCOTUSBlog

JUNE 24, 2023

Share Federal immigration law requires the deportation of noncitizens who are convicted of an aggravated felony, which includes offenses “relating to obstruction of justice.” Pugin pleaded guilty to being an accessory after the fact to a felony, while Cordero-Garcia was convicted of dissuading a witness from reporting a crime.

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ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. and non-U.S. If you know of any cases we have missed, please email us at columbiaclimate at gmail dot com.

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JURIST

MARCH 16, 2023

The North Dakota Supreme Court Thursday upheld a preliminary injunction on the state’s abortion ban while litigation on the matter proceeds. The injunction stops enforcement of N.D.C. 31-12 , which went into effect after the US Supreme Court overturned Roe v. Wade in June and found that there is no federal right to abortion in the US.

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SCOTUSBlog

MAY 28, 2021

Rollins challenges a Massachusetts law that makes it a felony to secretly record the speech of anyone other than a law enforcement officer, irrespective of motive. Next, we explore the bounds of the Federal Arbitration Act, with a pair of petitions arguing that California’s efforts to restrict arbitration agreements undermine federal law.

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Felony Statute Attorney Court 133

SCOTUSBlog

APRIL 19, 2024

All raise the same question: whether the Sixth and 14th Amendments guarantee the right to a trial by a 12-person jury when a criminal defendant is charged with a felony. Ordinarily, under the so-called “American Rule,” each litigant pays its own attorney’s fees, whether it wins or loses. 12 conference) Cunningham v.

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JURIST

FEBRUARY 15, 2023

A reasonable conclusion to draw from these textual features is that an affirmative act of government is required to restore what the government has taken away by its affirmative decision to prosecute and convict a person of a felony. This latest ruling is part of a wave of legislation and litigation surrounding felony disenfranchisement.

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At the Lectern

MARCH 11, 2022

It noted that the issue has been extensively litigated in the federal courts and in other states, and said its holding was consistent with “[t]he overwhelming majority of federal district court cases. ” The opinion also mentioned the University of Pennsylvania Law School’s Covid Coverage Litigation Tracker website.

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Court Statute Litigation Litigating 53

SCOTUSBlog

APRIL 26, 2021

In 1991, he received a felony conviction for driving under the influence under California law and completed his sentence. The government alleged that he was removable, despite having a green card, because it believed that his 1991 DUI constituted an “aggravated felony” under the immigration laws. Ochoa , reached a similar result.

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JonathanTurley

JUNE 9, 2023

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. While civil litigation is ongoing, the supposedly clear criminal charges have not been brought by Democratic prosecutors clearly motivated to do so. The reason is that these claims are made for cable news, not courts of law.

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SCOTUSBlog

MAY 28, 2024

And over a dissent by Justice Neil Gorsuch, the justices declined to decide whether the Constitution guarantees the right to a trial by a 12-person jury when the defendant is charged with a felony. The justices should also weigh in, Avenatti contended, on whether an attorney can be held liable for extortion for his conduct during litigation.

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JonathanTurley

DECEMBER 27, 2023

YouTube Screenshot There is an interesting ruling in the ongoing litigation of the case of Mark McCloskey. The department denied Guastello’s application for another liquor license based on the statute’s mandate that no person convicted of a liquor law violation could receive a liquor license. In Bill v. Boyer (Mo.

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At the Lectern

APRIL 3, 2025

.” The Pollock decision held appellate costs are among those costs that a statute says cant be assessed against a losing FEHA plaintiff unless theres a finding that the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so. Heard (2022) 83 Cal.App.5th

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The court also declined to “create a new tort named abusive litigation.” CLIMATE LITIGATION CHART. and non-U.S.

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SCOTUSBlog

OCTOBER 20, 2023

But what the state cannot do, Prelogar continued, is “purport to nullify federal statutes; to direct state officials and courts to treat those statutes as invalid and to protect against their enforcement; or to regulate and discriminate against federal officials enforcing those statutes.”

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SCOTUSBlog

MAY 24, 2024

Finally, there is a lengthy list of particular models that fall within the scope of the statute, notably all “AK” weapons (modeled after the Russian AK-47) and all “AR” weapons (those modeled after the AR-15). 22 caliber rimfire ammunition). In a consolidated appeal, a divided panel of the U.S. Miranda Last up is a capital case, Medrano v.

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ClimateChange-ClimateLaw

MARCH 6, 2018

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. In re: Border Infrastructure Environmental Litigation , No. CLIMATE LITIGATION CHART. and non-U.S.

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SCOTUSBlog

JANUARY 26, 2022

Kruger left WilmerHale for the University of Chicago Law School, where she taught a class in transnational litigation as a visiting assistant professor. That interpretation, Kruger reasoned, is more consistent with both the text of the statute and the California legislature’s intent in enacting the law. Following the U.S.

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JonathanTurley

APRIL 8, 2024

The Biden Administration has blocked the testimony of prosecutors Mark Daly and Jack Morgan, who were involved in an inexplicable decision of the Justice Department to allow major felonies against Hunter Biden to lapse. Reyes noted that the DOJ lawyers were “making a bunch of arguments that you would never accept from any other litigant.

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JonathanTurley

APRIL 15, 2024

Now Bragg is bringing a case that has taken years to develop and millions of dollars in litigation costs for all parties. That is all over a crime from before the 2016 election that is a misdemeanor under state law that had already expired under the statute of limitations. Like his predecessor, Bragg previously scoffed at the case.

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JonathanTurley

NOVEMBER 12, 2023

Moreover, Hunter has tried a wide array of approaches to these allegations of influence peddling, from a plea for sympathy to threats of litigation. Thus far, he has received every break from federal prosecutors, from expired statutes of limitations to reported tip-offs on investigators’ interviews. That may now change.

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JonathanTurley

DECEMBER 7, 2020

From bribery statutes to constitutional provisions, legal experts routinely and unfailingly conclude that Trump or his family can be prosecuted or impeached for an endless array of misdeeds. That does not change because the subject of the analysis is now President Donald Trump.

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Above The Law

MARCH 26, 2025

Plaintiffs, including transgender minors and advocacy organizations, argued that the orders violated the separation of powers, conflicted with existing statutes, and infringed on equal protection rights. The case has gone through multiple rounds of litigation, including a prior en banc decision by the Ninth Circuit, a remand from the U.S.

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JonathanTurley

JUNE 12, 2023

In April, Trump pleaded not guilty to 34 felony counts brought by Manhattan District Attorney Alvin Bragg related to hush money payments made to porn star Stormy Daniels prior to the 2016 election. Under the statute, this responsibility is left solely to the president.” The Trump team is likely to litigate that and other questions.

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