JonathanTurley

APRIL 26, 2024

As expected, with the exception of the three liberal justices, the Court appears to be struggling to find a more nuanced approach that would avoid the extreme positions of both parties. It has been almost 50 years since the high court ruled presidents have absolute immunity from civil lawsuits in Nixon v. Fitzgerald.

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SCOTUSBlog

APRIL 29, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a capital defendant’s request for habeas relief on the ground that his lawyer conceded guilt over his objection, as in 2018’s McCoy v. After McCoy , Tyler unsuccessfully sought relief in Louisiana state courts. In Tyler v.

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Constitutional Law Reporter

JUNE 3, 2022

Supreme Court. Jackson will replace Justice Stephen Breyer who is set to retire when the Court’s term ends this summer. While Jackson’s confirmation will not shift the balance of the Court, it will make the Court more diverse and more reflective of the country. Jackson is also the Court’s sixth female justice.

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LexForti

JUNE 4, 2021

It would be imperative to take into cognizance the concept of jurisdiction which is a conglomeration of two terms, such as juris (meaning “law”) and diction (meaning “to speak”), which can be translated as presuming the appropriate forum that has the potential to “speak the law.”

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Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. The justices unanimously held that a defendant “uses” another person’s means of identification “in relation to” a predicate offense when the use is at the crux of what makes the conduct criminal. In Durbin v. United States , 599 U.S. _ (2023), the U.S.

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JonathanTurley

OCTOBER 29, 2023

.” There is widespread support for barring attacks on court staff and Trump did attack the Court’s clerk in a prior posting. In my view, criticism of the case, the court, and the prosecutor should be treated as protected speech. Where to draw this line is the subject of this column.

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JonathanTurley

FEBRUARY 26, 2023

The Texas Supreme Court has handed down a major ruling in defense of free speech this week. What was particularly chilling is that one appellate court agreed with the absurd argument that characterizing abortion as murder is an actionable basis for defamation as opposed to protected opinion. It did so in the Dobbs decision in 2022 ).

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JonathanTurley

NOVEMBER 23, 2022

The latest provision involves the possible criminal prosecution for possessing a gun on private property if owner has not approved such possession on the premises. It passed with the help of a special session in the resumption of this inexorable cycle and has already resulted in court losses. Bruen, 142 S. in Christian v.

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JonathanTurley

APRIL 7, 2024

Now, Judge Walton has been criticized by the United States Court of Appeals for a District of Columbia for a surveillance order of the computer of a January 6th defendant. ” The issue of these public statements by Trump is currently pending before both state and federal courts, including proceedings in the District of Columbia.

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JonathanTurley

AUGUST 11, 2021

Last night, the Texas Supreme Court lifted the temporary restraining order. This is because no Texas court has reviewed how this provision is to be enforced. Cruz has demanded a correction from the Post in light of the Supreme Court decision. Indeed, it should have been corrected before the Texas Supreme Court decision.

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JonathanTurley

JUNE 14, 2022

There is an interesting case out of Ohio where the state Supreme Court has ruled that Lake County Common Pleas Court Judge Eugene Lucci erred when he gave Manson Bryant, 35, an added six years after Bryant called him “racist as f**k.” Sentenced in March 2019, Bryant was respectful and remorseful before the court.

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JonathanTurley

JANUARY 25, 2024

The district court rejected the effort. With that change, Smith now seeks to enjoin the Defendants from carrying out his death sentence using the Protocol, arguing it unconstitutionally superadds pain such that the court should order the Defendants to amend it or execute him by firing squad, a ‘relatively uncommon and archaic’ method.”

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JonathanTurley

DECEMBER 3, 2023

That eagerness could prove the court’s undoing, however. The New York law is unique in allowing massive penalties without the loss of a single dollar by a bank. However, James wants dissolution and crippling damages, and that could trigger a higher-court review. Supreme Court decided a case, BMW of North America v.

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JonathanTurley

JANUARY 8, 2023

The United States Court of Appeals for the Fifth Circuit has handed down a major opinion in Cargill v. And if the statute is ambiguous, Congress must cure that ambiguity, not the federal courts. The holding was supported by a rule of lenity that “penal laws are to be construed strictly.” Garland , No.

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JonathanTurley

SEPTEMBER 9, 2021

Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech.

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The Crime Report

MARCH 18, 2022

Guha Krishnamurthi is an Associate Professor of Law at the University of Oklahoma College of Law. His research interests are in criminal law, criminal procedure, constitutional law, and jurisprudence. Prior to being a professor, Krishnamurthi clerked for the California Supreme Court.

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LLRX

OCTOBER 29, 2021

Selin Professor of Constitutional Democracy, reviews how this battle between the two branches of government over access to presidential information raises questions about the constitutional authority of Congress and how lawmakers acquire the information needed to hold the executive branch accountable in the U.S. Jennifer L.

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JonathanTurley

NOVEMBER 15, 2021

Any first-year law student knows that you cannot comment on the silence of a Mirandized defendant after an arrest under the Fifth Amendment – let alone ignore a court order. The judge correctly tore into the prosecutor. Biased media viewers. Even without the unforced errors by the prosecution, this was always a difficult case.

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JonathanTurley

DECEMBER 10, 2020

Michael Flynn, which ended (not surprisingly) with one last gratuitous and controversial act from the court. Judge Emmet Sullivan decided to effectively flog Flynn on his way out of his court. It was a chilling statement that left the impression of a court delaying justice to “shop” for new prosecutors. Here is the column: Gen.

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JonathanTurley

APRIL 29, 2023

The decision comes after two other district courts ruled in favor of the law — sending this issue to the United States Court of Appeals for the Seventh Circuit and potentially the Supreme Court. of owners utilize these rifles for self-defense outside of their home and 61.9% utilize them for self-defense at home.

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JonathanTurley

NOVEMBER 21, 2023

There are so many criminal laws that do criminalize speech, and so the notion that the president of the United States somehow has a First Amendment right to be protected by the government for his speech doesn’t make any sense. .” I have previously criticized the calls to criminalize Trump’s Jan.

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LexForti

JUNE 3, 2021

Thirdly, no individual should be coerced or be compelled to produce evidence and disclose information that has the likelihood of being used against him/her during court proceedings. AN ELABORATION ON ‘EX POST FACTO’ LAW: ARTICLE 20(1) OF THE INDIAN CONSTITUTION. The landmark judgement of Kedar Nath v.

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JonathanTurley

JANUARY 19, 2024

The court has indicated that it may hold hearings on the controversy in early February. That could present a possible delay if the court believes that a change in prosecutors (or even a change in venue) is needed in the interests of justice. Below is my column in The Messenger on the unfolding Fani Willis scandal in Georgia.

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JonathanTurley

APRIL 13, 2024

While some legal analysts continue to boost Hunter Biden’s legal claims, the reviews in actual courts are far less glowing. The court also rejected Hunter Biden’s effort to subpoena Trump, former attorney general Bill Barr, and two other senior officials who served in the Trump Justice Department.

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JonathanTurley

DECEMBER 9, 2023

The state legislature continues to crank out flagrantly unconstitutional gun control laws to please its political base, but the result is to further expand gun rights with a litany of court losses. I previously wrote about the latest New York gun law passed after the Court’s ruling in New York State Rifle and Pistol Association v.

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JonathanTurley

APRIL 2, 2022

Now, an appellate court has upheld a $25 million judgment against the small college and Oberlin earned every penny of that penalty. Oberlin maintained in court filings that the son and grandson of the owners of Gibson’s Bakery “violently and unreasonably attacked” an unarmed student, but that is not how the police viewed it.

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JonathanTurley

NOVEMBER 14, 2021

The statement could effectively knock out the misdemeanor gun possession count — the one count that could still be in play for the jury after the prosecution’s case on the more serious offense appeared to collapse in court. Criminal laws are supposed to be interpreted narrowly.

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JonathanTurley

APRIL 20, 2024

We now have a major decision out of the United States Court of Appeals for the Ninth Circuit that could prove an important precedent in resisting the growing anti-free speech movement in the United States. City of Seattle , the court ruled against Seattle in a case involving the arrest of a pro-life protester. In Meinecke v.

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JonathanTurley

APRIL 20, 2021

Waters was denounced by Judge Peter Cahill for undermining not just any conviction in the trial of Derek Chauvin but the court itself in seeking to carry out its constitutional function. Judge Cahill made a rare statement in court that lambasted Waters for her comments and how they undermined the fairness of the trial.

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JonathanTurley

APRIL 21, 2021

It is not clear if the court polled the jury on trial coverage, particularly after the inflammatory remarks of Rep. Where she charged that Trump sought to incite violence and intimidate Congress, Waters is being denounced for inciting violence and intimidating the trial court. And that never sits particularly well with a trial court.

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JonathanTurley

NOVEMBER 25, 2020

However, while his lawyers made strong arguments in court, that alone would not justify a pardon from a president who has such a close personal and professional relationship with Flynn. (Yes, those same investigators who did not think that Flynn intentionally lied to them). Then came Judge Sullivan.

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JonathanTurley

MARCH 28, 2024

The United States Court of Appeals for the Fifth Circuit has blocked border enforcement by the state under Texas’s SB 4. Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. The state can no seek a review with the Supreme Court itself.

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JonathanTurley

SEPTEMBER 11, 2023

It is the “why not” approach to criminal and constitutional law. One possible reason Willis dropped some of these targets is that she knew the indictment of these senators would have been quickly and firmly rejected by the courts as the criminalization of political speech.

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JonathanTurley

AUGUST 30, 2023

Not only are defendants scattering, but some are seeking to go to federal court where the trial would not likely be televised, as the Georgia prosecutors reportedly want. Regardless of the ruling of the court, it is likely to be appealed. However, Willis is trying to hold together a case to try them en masse and in state court.

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JonathanTurley

JANUARY 8, 2022

Such a criminal law would be ripe for abuse and would create a chilling effect that would be positively glacial. We have seen other Democratic leaders use the criminal process in similarly reckless fashions. Inslee’s proposals raise the same questions that we discussed in relation to “stolen valor” laws.

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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. Even theories denied by the Supreme Court are seen as valid when used against Trump. Tribe notes: “It doesn’t say ‘except the criminal laws.’

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JonathanTurley

APRIL 19, 2021

Moreover, they would fail under a lower standard of proof than the “beyond a reasonable doubt” standard in criminal law. Such a result would eviscerate the claim that Trump was guilty of criminal incitement in his speech. Trump’s Jan. 6 speech would not satisfy the test in Brandenburg v. If we don’t, we cannot go away.”.

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