SCOTUSBlog

MARCH 28, 2022

Texas Department of Public Safety , to be argued on Tuesday, the Supreme Court will decide whether a private individual can sue his state-agency employer for violating the federal Uniformed Services Employment and Reemployment Rights Act of 1994. Le Roy Torres served as both a Texas state trooper and a U.S. Share In Torres v.

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Constitutional Law Reporter

DECEMBER 16, 2022

David Dubin was the managing partner of PARTS, a psychology practice in Texas. United States is whether identity theft occurs anytime a person uses someone else’s name in the commission of a crime. Facts of the Case. In April 2013, a treatment facility in San Antonio asked PARTS to evaluate a child known as Patient L.

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SCOTUSBlog

MARCH 23, 2022

Texas , 21-5050. Issue : Whether the statute of limitations for a 42 U.S.C. That’s all for this week. Until next time, stay safe ! New Relists. United States , 20-7617. Bruce Church, Inc. relisted after the Jan. 25, March 4 and March 18 conferences). relisted after the Jan. 25, March 4 and March 18 conferences). 10 and 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 of violent felony arrests were of suspects with open cases in 2019. According to data released by the New York Mayor’s Office of Criminal Justice, 19.5

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The Crime Report

APRIL 8, 2022

From about the 1600s, they had a gigantic Criminal Code where everything was a felony and every felony was punishable by death. I cite a story in the book from Tulia, Texas , where a cop goes out and arrests around 10 percent of the black people in town and frames them for drug crimes that they didn’t commit.

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SCOTUSBlog

MARCH 19, 2024

Share The Supreme Court will hear oral arguments on Wednesday in the case of a 76-year-old Texas woman , Sylvia Gonzalez, who was arrested on charges that she had violated a state law that prohibits tampering with government records. The post Texas city council member argues retaliatory arrest appeared first on SCOTUSblog.

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SCOTUSBlog

APRIL 26, 2024

One of those four involves an issue on which the court already is considering 11 other relisted cases: whether the Sixth and 14th Amendments require the use of a 12-person jury to try defendants accused of felonies, rather than the six-person jury Florida affords for many such offenses. We’ll know more soon. Until next time! 12 and Apr.

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JURIST

JANUARY 26, 2024

Texas Governor Greg Abbott issued a statement asserting Texas’ constitutional right to self-defense on Wednesday as tensions with the Biden administration over security along the US southern border escalated. “ President Biden has instructed his agencies to ignore federal statutes that mandate the detention of illegal immigrants.

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JURIST

JUNE 24, 2023

Texas that Texas and Louisiana do not have constitutional standing to sue the federal government over a 2021 Homeland Security Memorandum that focuses immigration enforcement actions on non-citizens who are suspected of terrorism, committed serious crimes or are caught at the border entering illegally.

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JURIST

DECEMBER 10, 2023

The Texas Supreme Court placed an administrative stay on Friday on a lower court’s temporary restraining order (TRO) that barred the enforcement of the state’s strict abortion bans on a pregnant woman whose fetus was recently diagnosed with a fatal condition. This is not the only abortion-related case in the Texas Supreme Court.

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JURIST

JUNE 30, 2024

The Texas Supreme Court upheld a statutory ban on gender-affirming care for minors on Friday. The plaintiffs are parents whose children are taking or intend to take gender-affirming care, licensed Texas physicians, and LGBTQ+ rights advocate groups. The defendants were various Texas officials and governmental bodies.

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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.” Clean Air Council v. Pruitt , No. 17-1145 (D.C.

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JURIST

JANUARY 12, 2024

The Trumbull County prosecutor’s office stated that, after evaluating the case, they believed Watts did not violate the Ohio Criminal Statute of Abuse of a Corpse. Watts had initially been charged with felony abuse of a corpse in October after Warren County police found the remains of her pregnancy in her toilet and trash.

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The Crime Report

SEPTEMBER 7, 2023

In a 6-3 decision Ex parte Danny Richard Lane , the state’s highest criminal appeals court ruled that Texas’ historical doctrine of “judicial clemency” does not forgive sex offender registration. The Texas Legislature in 1991 enacted the state’s first sex offender registration program. He registered in Pasadena, Texas that same year.

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The Crime Report

APRIL 11, 2022

Starr County, Texas district attorney Gocha Allen Ramirez, has dismissed the murder charge levied against Lizelle Herrera for having a “self-induced abortion,” saying that it was clear that she did not commit a criminal act under state law, reports the New York Times.

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SCOTUSBlog

MAY 31, 2024

And the court denied review to a group of 13 much-relisted cases that raised the question whether felony defendants have a constitutional right to a 12-person jury rather than just a six-person one. Justice Neil Gorsuch filed an opinion dissenting from the denial of cert , arguing that the court’s 1970 decision in Williams v. Kentucky ex rel.

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SCOTUSBlog

APRIL 19, 2024

Texas , involving alleged sex discrimination in juror selection (over the dissent of Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson); six-time relist McKesson v. A federal district judge in Texas invalidated the rule and entered a national injunction against it. The court denied review of nine-time relist Compton v.

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Felony Immigration Court Statute 145

JonathanTurley

JUNE 22, 2024

AP Photo/Matt Slocum) The Texas trial court found that Rahimi was not only engaged in “family violence” but that additional violence was “likely to occur again in the future.” The Court found the federal statutes imposing a reasonable temporary limitation on this right. for that period. Heller, 554 U.S.

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The Crime Report

MAY 4, 2022

A 2013 study that examined 413 civil and criminal cases brought forward after Roe found that Black women were “significantly more likely to be arrested, reported to state authorities by hospital staff, and subjected to felony charges,” according to VICE News.

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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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JURIST

DECEMBER 19, 2023

Texas Governor Greg Abbott signed a bill into law Monday that criminalizes illegal entry into the border state from anywhere but a port of entry, exerting state jurisdiction over what is normally a federal matter. The bill creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses.

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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. Prosecutors conceded that Medrano was not actually at the scene of the crime. Nike has denied any wrongdoing.

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JURIST

MAY 9, 2024

They first argue that the federal government has exclusive power to regulate immigration and that Iowa’s law conflicts with federal immigration statutes. ” If the person was previously removed for committing a crime, reentry becomes a felony with a maximum sentence of ten years.

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Immigration Laws Misdemeanor Felony 104

SCOTUSBlog

FEBRUARY 28, 2024

Michael Cargill, the owner of a Texas gun store, surrendered his bump stocks but also went to federal court, seeking to have the rule thrown out. She acknowledged that courts should interpret statutes by “reading them” – an approach known as textualism. Kagan was perhaps the strongest proponent of this argument.

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SCOTUSBlog

OCTOBER 20, 2023

Jackson , the challenge to the Texas law that bans almost all abortions in the state, courts can bar specific officials named as defendants from acting, but they cannot block the laws at the heart of the challenges. The law imposes fines of $50,000 for violations of that ban.

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The Crime Report

JUNE 27, 2022

So-called “trigger” laws have already gone into effect in states where anti-abortion statutes are already on the books have been activated by the decision. HB314 reinforced Alabama statute banning abortion that was never appealed after it was made unenforceable under Roe. Performing an abortion is a felony offense.

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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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Felony Court Statute Laws 125

ClimateChange-ClimateLaw

MARCH 6, 2018

A few days after the California court issued its order, North Dakota and Texas asked the Wyoming federal court to lift a stay that the court had imposed in December 2017. He had been convicted of misdemeanor trespass and felony criminal mischief and conspiracy to commit criminal mischief in October 2017.

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JonathanTurley

JUNE 24, 2024

Through various contortions, Bragg converted a dead misdemeanor case into 34 felonies in an unprecedented prosecution. Trevino , the court held in favor of Sylvia Gonzalez, who had been arrested in Castle Hills, Texas in 2019 on a trumped-up charge of tampering with government records. In Gonzalez v.

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