article thumbnail

US Supreme Court rules reckless offenses do not qualify as ‘violent felony’

JURIST

The Supreme Court reversed that judgment and remanded the case. Justice Elena Kagan, joined by Justices Stephen Breyer, Sonia Sotomayor and Neil Gorsuch, wrote the opinion of the court, concluding that any offense with a mens rea or mental state of recklessness does not qualify as a violent felony under the ACCA.

Felony 161
article thumbnail

US Supreme Court rules prosecutors must prove doctors knowingly prescribed drugs illegally to secure unlawful distribution conviction

JURIST

The trial court ruled in favor of the government stating that they proved that Ruan and the other doctors in the practice overprescribed pain medication for their own financial benefits. The US Court of Appeal for the Eleventh Circuit affirmed the trial court’s ruling. .

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act

SCOTUSBlog

In arguing a subjective standard is required, the charged doctors and other advocates emphasized longstanding rules about the presumption of mens rea (a guilty state of mind) for criminal offenses. A mens rea requirement, the opinion holds, is essential to separate physicians’ “socially beneficial conduct” from criminal conduct.

article thumbnail

No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act

SCOTUSBlog

The ACCA, in Borden’s view, required a higher culpable state of mind, or mens rea , than recklessness. The district court ruled for the government and the U.S. Court of Appeals for the 6th Circuit agreed. A mens rea of purpose equates to a consciously desirable outcome.

article thumbnail

Good Doc, Bad Doc: Supreme Court Finds Prescriber Knowledge Counts

FDA Law Blog

21-5261, 597 U.S. _ (2022), the Supreme Court ruled that the government must prove — beyond a reasonable doubt — that a prescriber knew or intended that a prescription was not lawful in order to subject that prescriber to criminal penalties under the federal Controlled Substances Act (CSA). United States, No. 20-1410 and Kahn v.

article thumbnail

“Without any Doubt, Beyond a Reasonable Doubt, Beyond any Doubt”: Tribe Declares Trump Committed Attempted Murder

JonathanTurley

Even then, it can be difficult since attempted murder requires proof that the defendant “must have taken a substantial step towards that crime, and must also have had the requisite mens rea.” Indeed, such a claim would contradict controlling Supreme Court precedent. ” Braxton v. United States , 500 U.S.

article thumbnail

A Case of Hope Over Experience: The J6 Referral Falls Short of a Credible Criminal Case

JonathanTurley

That is a far cry from evidence showing mens rea — “guilty mind.” That speech appears protected by the First Amendment and existing Supreme Court precedent. There were discussions of appointing Trump attorney Sidney Powell as a special counsel , seizing voting machines or replacing the Justice Department’s leadership.