The Crime Report

OCTOBER 11, 2022

Since the Supreme Court struck down New York’s longstanding gun law, lower courts have ruled heavily against restricting guns, reports Jacob Gershman in the Wall Street Journal. . The June 23 ruling in N ew York State Rifle and Pistol Association v. Circuit Court of Appeals.

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Court Rules Court Felony Court Decisions 97

HowAppealing

JUNE 10, 2021

“Supreme Court Limits Sweep of Law on Mandatory Minimum Sentences; Violent felonies committed recklessly do not count in deciding whether 15-year terms are required under the Armed Career Criminal Act, the justices ruled”: Adam Liptak of The New York Times has this report. ” Jordan S. .”

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Felony Laws Court Court Rules 100

At the Lectern

MARCH 16, 2023

At yesterday’s Supreme Court conference , a double one, actions of note included: Court allows clemency for one, returns files to be redacted for four others. 2) May a superior court ever set pretrial bail above an arrestee’s ability to pay?” ” In its landmark In re Humphrey (2021) 11 Cal.5th Resentencing.

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Felony Court Construction Statute 40

At the Lectern

JULY 7, 2021

David Snyder, executive director of the First Amendment Coalition, writes in the Sacramento Bee about the Supreme Court’s recent administrative order revising its policy about the confidentiality of records submitted to the court by a governor that support requests for clemency recommendations.

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Court Rules Court Felony 85

The Crime Report

DECEMBER 8, 2022

A three-judge panel of the North Carolina Court of Appeals published a pair of opinions Tuesday holding that two people can be charged with murder for brutalizing a child 25 years ago — even though they had already been convicted of child abuse for the same act of violence in the late ‘90s. State courts have taken up this issue before.

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Felony Court Court Decisions Court Rules 98

HowAppealing

MARCH 24, 2021

“Minnesota Supreme Court: Rape victims not ‘mentally incapacitated’ unless forcibly intoxicated; The far-reaching decision also gives a man convicted of third-degree sexual assault a new trial.” ” You can access today’s ruling of the Supreme Court of Minnesota at this link.

Felony 100

Felony Court Court Rules 100

JURIST

MARCH 26, 2023

A federal court in Guam Friday denied a request to reinstate a total abortion ban on the island of Guam. Chief Judge Frances Tydingco-Gatewood of the District Court of Guam ruled that the original permanent injunction from 1990, which blocked Public Law No. 20-134 , should remain in effect. 20-134 , should remain in effect.

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Statute Misdemeanor Felony Court Rules 197

SCOTUSBlog

MAY 24, 2021

Share The Supreme Court on Monday unanimously ruled against a non-U.S. Eight years later, an immigration judge found that his California conviction for driving under the influence was an aggravated felony under the federal immigration laws. But six years after his deportation, the Supreme Court ruled in Leocal v.

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Court Felony Immigration Statute 134

The Crime Report

JULY 27, 2022

Tens of thousands of people serving punishments for felony convictions in North Carolina but who aren’t behind bars can now register to vote and cast ballots following an appeals court ruling, reports the Associated Press.

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Felony Court Rules Litigation Litigating 95

JURIST

MAY 20, 2022

is a Michigan law enacted in 1931 which made all abortions a felony unless it was necessary to save the mother’s life. After the ruling on Roe v. Wade made abortion a constitutionally-protected right, the Michigan law was ruled unenforceable by the Michigan Supreme Court. MCL 750.14

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Felony Court Rules Court Laws 197

SCOTUSBlog

JUNE 14, 2021

922(g) after the Supreme Court’s 2019 decision in Rehaif v. Justice Brett Kavanaugh wrote for the unanimous court in Greer and for an 8-1 majority in Gary. Court of Appeals for the 4th Circuit erred in holding that Rehaif error constitutes “structural error” automatically entitling a defendant to relief.).

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Court Court Rules Felony Government 134

JURIST

APRIL 6, 2023

The survivors and families of the victims joined in a lawsuit against the US government, alleging negligence under the Brady Handgun Violence Prevention Act due to the government’s failure to prevent Kelley from purchasing a firearm despite his prior felony convictions.

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Felony Government Court Rules Litigation 223

JURIST

JULY 27, 2022

The judge also granted the state’s request to send the case directly to the South Carolina Supreme Court. South Carolina state law makes it a felony to perform or seek an abortion after the “fetal heartbeat has been detected,” which includes cardiac activity that can be detected as early as six weeks of pregnancy.

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Court Felony Law Firm Law Firms 104

At the Lectern

JUNE 26, 2023

Prudholme , the Supreme Court today holds that legislation reducing maximum probation terms applies retroactively and, when so applied, doesn’t jeopardize a plea agreement reached under the harsher superseded law. ” Also, the Supreme Court disapproves the Third District’s 2-1 decision in People v. In People v.

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Statute Court Rules Court Felony 40

JURIST

APRIL 28, 2021

The US Supreme Court on Tuesday heard oral arguments in HollyFrontier Cheyenne Refining, LLC v Renewable Fuels Association , a case regarding exemptions for small refineries from the Renewable Fuel Standards Program, and United States v Palomar-Santiago , which involves immigration law and noncitizen re-entry.

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Court Felony Immigration Court Rules 104

Day on Torts

MAY 12, 2023

Plaintiff alleged that after he criticized defendant union, defendant accused him of misusing union funds and caused him to be charged with two state felonies. In this opinion, the Supreme Court ruled that the trial court was correct to dismiss the case. internal citation omitted). Continue reading

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Court Felony Court Rules 52

At the Lectern

MAY 26, 2021

The Supreme Court today approved a new policy for how it treats files submitted by a Governor when asking the court to recommend clemency. An affirmative recommendation is a constitutional prerequisite to a gubernatorial pardon or sentence commutation for anyone who has been “ twice convicted of a felony.”. See rule 8.45

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Court Entertainment Felony Court Rules 85

At the Lectern

MAY 3, 2023

Documents that Governor Gavin Newsom lodged under seal in support of a request for Supreme Court permission to commute Elaine Wong ’s life without parole sentence will likely be made available to the public, at least in part. This is the second time a governor has sought a court recommendation to commute Wong’s sentence.

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Felony Attorney Court Rules Court 85

The Crime Report

SEPTEMBER 22, 2022

People with felony or violent misdemeanor convictions, restraining orders, or serious mental illness are all included on the list. The new office will support operations to seize firearms from dangerous people on the state’s database, the Armed and Prohibited Persons System.

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Misdemeanor Felony Court Rules Court 52

JURIST

JUNE 13, 2023

We have seen how these laws have wreaked havoc on people’s lives across the country, and are urging the court to put a stop to these harms. The Supreme Court overturned Roe with Dobbs v. This decision was upheld by the North Dakota Supreme Court.

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Healthcare Felony Court Rules Court 104

At the Lectern

JUNE 17, 2021

Working on the presumption that the “ Legislature intends for ameliorative enactments to apply as broadly as is constitutionally permis sible,” the Supreme Court i n People v. The court ruled similarly last year in People v. The court reverses the Second District, Division Five, Court of Appeal.

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Court Laws Felony Statute 49

SCOTUSBlog

JUNE 24, 2021

United States , the Supreme Court analyzed the Armed Career Criminal Act ’s force clause or elements clause. Under the ACCA, a person who has three violent felony convictions and is then convicted of possessing a firearm faces a mandatory minimum sentence of 15 years. The case came to the court after Charles Borden Jr.

Mens Rea 64

Mens Rea Felony Statute Misdemeanor 64

At the Lectern

MAY 31, 2023

For the second time in eight days, the Ninth Circuit has vacated a death sentence that had been affirmed by the California Supreme Court despite a standard of review that is highly deferential to state court rulings. The petitioner, Colin Dickey, was convicted under a felony-murder theory for aiding and abetting the two murders.

Felony 45

Felony Court Rules Court Laws 45

At the Lectern

APRIL 22, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court signs off on commutation of LWOP sentence, with an older clemency recommendation request still pending. The court granted review in Tansavatdi v. The appellate court relied on the Supreme Court’s decision in Cameron v.

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Court Felony Court Rules Litigation 49

At the Lectern

SEPTEMBER 29, 2021

The Supreme Court today ruled that various clemency records will remain partially inaccessible to the public. Rules of Court, rules 2.550 (d)-(e), 8.46 (d)(6).). We can’t tell from the court’s docket entries what documents are now available and what documents remain confidential. Links added.).

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Court Felony Court Rules 49

SCOTUSBlog

MARCH 18, 2024

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Kentucky , the Supreme Court ruled that it is unconstitutional to strike jurors in a criminal trial because of their race. Over Johnson’s objection, the trial court reinstated the Black juror.

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Court Felony Court Rules Attorney 131

SCOTUSBlog

JUNE 28, 2022

And to what will it bind lower courts? Dobbs reiterates the long-established principle that unwritten rights, to be enforced by courts, must be deeply rooted in our history. Yet courts are bound not only by Dobbs ’s express holdings, but by whatever directly follows from those (absent contrary precedent on point).

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Laws Felony Statute Legal 142

JURIST

JUNE 24, 2023

The US Supreme Court ruled Friday in US v. The crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. The crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. Justice Kavanaugh writes, quoting Linda R.S. :

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Immigration Court Rules Court Statute 211

SCOTUSBlog

OCTOBER 28, 2022

Last year, the court restricted the ability of state prisoners to develop new evidence to support claims that their attorneys failed to investigate leads that could have shown they were factually innocent. In the Supreme Court’s habeas corpus jurisprudence, the answer is never simple. In 2019, the court ruled in Rehaif v.

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Felony Statute Government Court 94

JURIST

FEBRUARY 26, 2021

The US Supreme Court ruled Thursday that a Michigan college student is unable to proceed with a Federal Tort Claims Act (FTCA) lawsuit against two federal officers who tackled him after mistaking him for a fugitive in 2014. King appealed the dismissal of his Bivens claims.

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Court Rules Tort Court Felony 206

At the Lectern

OCTOBER 14, 2022

At the Supreme Court’s Wednesday conference , a double one, actions of note included: Retail lease. The court agreed to hear JJD-HOV Elk Grove, LLC v. The appellate court disagreed with the Fifth District’s decision in Grand Prospect Partners, L.P. The court also granted review in People v. 2015) 232 Cal.App.4th

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Court Prima Facie Case Statute Attorney 60

At the Lectern

JUNE 2, 2021

The Supreme Court last week issued an administrative order revising its policy about the confidentiality of records submitted to the court by a governor that support requests for clemency recommendations. Last week’s rulings explained the court is still not satisfied with the Governor’s position.

Felony 49

Felony Court Rules Court 49

JURIST

MARCH 29, 2021

The US Court of Appeals for the Sixth Circuit held Friday that public universities cannot compel professors to respect student pronoun preferences. Per the court, such speech is protected under the First Amendment, particularly if pronoun preferences go against a professor’s religious or philosophical beliefs.

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Court Rules Court Sports Felony 291

SCOTUSBlog

OCTOBER 26, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Court of Appeals for the 5th Circuit affirmed. United States. New Relist.

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Statute Construction Court Felony 121

SCOTUSBlog

OCTOBER 13, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week’s update on the cases that the Supreme Court has newly relisted will be short: There aren’t any new relists. Gorsuch said he hoped the court would overturn those cases soon in “an appropriate case.”

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Tort Construction Court Felony 100

SCOTUSBlog

JANUARY 15, 2021

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Facebook plug-ins violate the Wiretap Act and whether the Second Amendment protects an individual’s right to possess firearms outside the home or after a conviction for a nonviolent offense. Acknowledging a circuit split, the U.S.

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Misdemeanor Court Felony Government 116

JonathanTurley

APRIL 21, 2021

1 (1985), when the court addressed the Fourth Amendment protections afforded a fleeing suspect and held that an officer may not use deadly force to prevent escape unless “the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.” In Graham v.

Felony 48

Felony Statute Court Rules Court 48