SCOTUSBlog

JUNE 24, 2021

At sentencing, the government sought an enhancement under the ACCA; it claimed that three of Borden’s prior felony convictions were violent felonies. He asserted that one of the felonies the government cited included recklessness, and, therefore, was not a violent felony. The district court ruled for the government and the U.S.

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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. ” Rehaif broke new ground by holding for the first time that, under 18 U.S.C. §

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Felony Court Government Misdemeanor 98

JonathanTurley

JUNE 7, 2023

However, when Range pleaded guilty in 1995, his conviction was classified as a Pennsylvania misdemeanor punishable by up to five years’ imprisonment. It also is an appeal that would be made by the United States over the invalidation of a federal statute. That triggered the federal ban.

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Laws Misdemeanor Felony Statute 58

At the Lectern

FEBRUARY 19, 2025

Superior Courts , a writ petition seeking to add an exception to Government Code section 69957 (a), which prohibits in most cases the “use [of] electronic recording technology or equipment. ” The statute allows possible electronic recording only “in a limited civil case, or a misdemeanor or infraction case.”

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At the Lectern

SEPTEMBER 19, 2024

Superior Court and it limited the issue to: “Does Government Code section 36900 , subdivision (a) confer upon private citizens a right to redress violations of municipal ordinances?” The court also agreed to hear Cohen v. Sedillo , and People v. In People v. Hardin (2024) 15 Cal.5th

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Court Statute Misdemeanor Government 53

At the Lectern

MARCH 24, 2022

County of Riverside , which is expected to decide whether immunity under Government Code section 821.6 A157169) 2019 WL 5654385, review denied ), held that pursuit of a fleeing misdemeanor suspect did not categorically allow the police to enter a home without a warrant. is limited to actions for malicious prosecution. Lange (Oct.

Misdemeanor 56

Misdemeanor Court Statute Government 56

At the Lectern

APRIL 29, 2021

The relevant statute provides the possession crime occurs when there’s been a violation of “an express condition of probation,” but a form Judicial Council instruction that was given to the jury says an element of the crime is that “ a court had ordered that the defendant not own or possess a firearm.”

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Court Compensatory Damages Attorney Construction 49

JonathanTurley

MAY 19, 2021

Here is what the provision states: “Any person who, by his advertisement, ridicules or holds up to contempt any person or class of persons, on account of the creed, religion, color, denomination, nationality or race of such person or class of persons, shall be guilty of a class D misdemeanor.” Free speech demands bright lines.

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Misdemeanor Statute Laws Court 55

JonathanTurley

MAY 12, 2021

” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” 92, 95 (1972), that the “government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.”.

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Statute Misdemeanor Court Rules Court 41

JonathanTurley

JUNE 9, 2023

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. Indeed, public interest groups and the federal government do so regularly, including late-night flights to various cities. state once they are released by the federal government.

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Laws Misdemeanor Attorney Felony 51

JonathanTurley

AUGUST 5, 2021

That is common in sexual harassment cases and hostile workplaces where you can get around statute of limitations when at least one case is recent or ongoing. Forcible touching is a class A misdemeanor. However, as shown by the Bill Cosby case , such evidence can create reversible error in criminal cases.

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SCOTUSBlog

JUNE 24, 2023

Kavanaugh noted that Congress defined the offenses in the immigration statute more broadly than the federal statute criminalizing obstruction of justice when it included the phrase “relating to” in the statute. Such “redundancies are common in statutory drafting,” Kavanaugh wrote. citizen].”

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Felony Statute Immigration Court 104

The Crime Report

JANUARY 6, 2023

People walk dangerous routes when the government eliminates or fails to provide legal avenues that are safe, permanent and predictable whether it’s across the street or across an international border. When someone ‘jaywalks’ from the Mexican side of the border to the U.S. Decriminalizing jaywalking was a measure of equity. Thompson that U.S.

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Immigration Laws Misdemeanor Government 114

JURIST

DECEMBER 19, 2023

The bill creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses. billion in state funding for the costs of implementing the new criminal statute. The law is the latest development in a series of confrontations between Texas and the federal government over illegal entry.

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Immigration Laws Misdemeanor Statute 129

JURIST

MAY 9, 2024

In the complaint filed with the District Court of Southern Iowa, the groups claim that Iowa has exceeded its power by intruding on areas of law reserved to the federal government. They first argue that the federal government has exclusive power to regulate immigration and that Iowa’s law conflicts with federal immigration statutes.

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Immigration Laws Misdemeanor Felony 104

At the Lectern

AUGUST 18, 2022

a)(2) requires written complaints of police misconduct to be accompanied by signed acknowledgements that filing a knowingly false complaint can lead to a misdemeanor prosecution. Twenty years ago, the court rejected a claim that the statute violates constitutional free speech rights. Penal Code section 148.6 (a)(2) Code, § 1054.9,

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Court Statute Misdemeanor Attorney 49

At the Lectern

DECEMBER 14, 2023

The First District, Division One, published opinion concluded the defendant could not be relieved from a mandatory lifetime sex offender registration requirement despite his felony conviction for attempting to distribute harmful material to a minor having been reduced to a misdemeanor. Government employment grant-and-hold.

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Misdemeanor Court Entertainment Felony 45

The Crime Report

SEPTEMBER 21, 2021

Sitting in the courtroom was a strong reminder of the ways in which our apparatus of justice, starting with the police, squeezes a lot of human drama—and claims from ordinary people that their government should help them—into the box of each individual case. Government should respond to vacant lots. So what does that mean?

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SCOTUSBlog

JUNE 28, 2024

The statute under which he was convicted makes it a misdemeanor to “willfully” fail to respond to a subpoena. “It The federal government urged the court to reject Bannon’s request, noting that the standard for release from prison pending appeal is “demanding.”

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Court Statute Misdemeanor Government 132

JonathanTurley

JULY 11, 2021

which states a person who commits any primary offense — such as misdemeanor property destruction — with the intent to “intimidate or terrorize another person or with reason to believe that his action would intimidate or terrorize that person” is subject to a class B misdemeanor primary offense becoming a class A misdemeanor.

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Misdemeanor Government Laws Statute 58

JonathanTurley

MAY 28, 2024

Trump’s lawyers are defending a former president who is charged under a state misdemeanor which died years ago under the statute of limitations. The jury will be reminded that the burden is on the government, not the defense. The government could have called Weisselberg, but did not.

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Misdemeanor Government Attorney Lawyers 64

JonathanTurley

APRIL 2, 2023

The former FBI director, who has been teaching and speaking on government ethics, joined others in celebrating the upcoming arrest of Trump because nothing says “ethical leadership” like a patently political prosecution. They largely ignore that the misdemeanor is expired. Comey hopped on Twitter to declare, “It’s been a good day.”

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Misdemeanor Felony Statute Attorney 59

JonathanTurley

MAY 24, 2024

Below is my column on Fox.com on the closure of the government and defense cases in the Trump trial. Merchan has allowed the government to bring back into life a dead misdemeanor and convert it into 34 felony counts of falsifying business records in the first degree.

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Misdemeanor Felony Government Manufacturing 58

ClimateChange-ClimateLaw

MARCH 6, 2018

The court held that federal common law necessarily governed the nuisance claims because “[a] patchwork of fifty different answers to the same fundamental global issue would be unworkable” and “the extent of any judicial relief should be uniform across our nation.” Connecticut ) and Ninth Circuit ( Native Village of Kivalina v.

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Court Government Laws Litigation 40

ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.

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Court Statute Government Litigation 45

The Crime Report

APRIL 4, 2023

Turns out the payments of hush money to at least two women—misdemeanor offenses—were not really what these indictments were all about. Ergo, there were no misdemeanor charges, only first-degree felonies. The unsealed indictment of The People of the State of New York against Donald J.

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Felony Misdemeanor Legal Legal 124

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.

Legal 68

Legal Legal Laws Court 68

JonathanTurley

APRIL 24, 2024

This law states “Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.” It is not even clear how this matter was supposed to be noted in records.

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Misdemeanor Legal Legal Real Estate 63

JonathanTurley

SEPTEMBER 5, 2022

The DOJ also said it “has developed evidence that government records were likely concealed and removed from the Storage Room and that efforts were likely taken to obstruct the government’s investigation.”. Those types of statements never bode well for a target, since they reflect a certain commitment to the prosecutorial path.

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Misdemeanor Government Felony Lawyer 57

JonathanTurley

JUNE 1, 2024

Democratic politicians have pressured social-media companies to serve as surrogates for the government in banning, throttling and defunding individuals and groups. The charges were built on a dead misdemeanor barred with the passage of the statute of limitations.

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Laws Legal Legal Misdemeanor 80

ClimateChange-ClimateLaw

AUGUST 4, 2021

In the case challenging President Biden’s revocation of the presidential permit, the federal government moved to dismiss, arguing that the case was moot, that the court lacked jurisdiction to grant relief against the president and the agency defendants, and that the states lacked standing, which also made venue improper. Trump , No.

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Court Litigation Litigating Government 40

JonathanTurley

MARCH 21, 2023

He is reportedly going to convert a misdemeanor for falsifying financial records into a prosecution of a federal crime. There are serious challenges to this prosecution, including an argument that time has expired under the statute of limitations. A fifth of Americans now view the government as the greatest threat facing the nation.

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