SCOTUSBlog

JUNE 10, 2021

Share A fractured Supreme Court on Thursday narrowed the scope of a key phrase in the Armed Career Criminal Act, ruling that crimes involving recklessness do not count as “violent felonies” for the purpose of triggering a key sentencing enhancement. Justice Clarence Thomas did not join Kagan’s opinion but concurred in the result.

Felony 122

Felony Court Statute Government 122

The Crime Report

FEBRUARY 27, 2023

The federal aggravated identity theft statute applies to anyone who “knowingly transfers, possesses, or uses without lawful authority, a means of identification of another person” in relation to certain felonies, Daniel Harawa reports for SCOTUSBlog. In Dubin v.

Statute 75

Statute Felony Court Government 75

FDA Law Blog

SEPTEMBER 28, 2023

Walsh — As readers of the FDA Law Blog know, the FDC Act is a strict liability criminal enforcement statute that can impose criminal misdemeanor penalties on a person without any showing of intent. His arguments were rejected by the district court, and the 9th Circuit affirmed the felony conviction.

Felony 52

Felony Misdemeanor Statute Court 52

SCOTUSBlog

NOVEMBER 2, 2022

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Justice Ketanji Brown Jackson’s questioning proposed a way of reading the statute that relies on its overall structure, directing a court to go down a list of provisions like a roadmap of decision. “If

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Statute Government Court Felony 82

JURIST

MARCH 13, 2024

.” As written, these six counts contain all the essential elements of the crimes but fail to allege sufficient detail regarding the nature of their commission, i.e., the underlying felony solicited. Kimbrough, 300 Ga.

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Felony Statute Court Rules Lawyer 232

FDA Law Blog

AUGUST 4, 2022

Kirschenbaum — In a recent decision, the Second Circuit upheld the HHS Office of the Inspector General (OIG)’s position that Pfizer’s proposed copay assistance program for its high-cost heart treatment would violate the Federal Anti-Kickback Statute (AKS). The Second Circuit’s Interpretation of the Anti-Kickback Statute. Pfizer, Inc.

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Statute Mens Rea Manufacturing Court 98

JURIST

MARCH 26, 2023

Wade , does not impact the statute’s constitutionality. 20-134 categorizes “employing means to cause an abortion” as a third-degree felony. Additionally, the statute makes women who undergo abortion treatment guilty of misdemeanors. Public Law No.

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Statute Misdemeanor Court Rules Felony 197

SCOTUSBlog

APRIL 19, 2024

All raise the same question: whether the Sixth and 14th Amendments guarantee the right to a trial by a 12-person jury when a criminal defendant is charged with a felony. Certain statutes permit the payment of “a reasonable attorney’s fee” to “the prevailing party” in litigation: 42 U.S.C. Next up is Lackey v.

Felony 117

Felony Immigration Court Statute 117

CourtTechBulletin

JUNE 20, 2022

In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities, and kickbacks. Proposals must be received by Aug. 1, 2022, 3:00 p.m. The Procurement Code, Sections 13-1-1 to 13-1-199 (NMSA 1978), imposes civil and criminal penalties for its violation.

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Felony Statute Court 173

SCOTUSBlog

JUNE 24, 2023

Share Federal immigration law requires the deportation of noncitizens who are convicted of an aggravated felony, which includes offenses “relating to obstruction of justice.” Pugin pleaded guilty to being an accessory after the fact to a felony, while Cordero-Garcia was convicted of dissuading a witness from reporting a crime.

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Felony Statute Immigration Court 94

The Crime Report

JANUARY 10, 2023

Washington’s Supreme Court declared Washington’s felony drug possession statute unconstitutional in 2021 because it made possession a felony, whether someone was aware of the drugs being on them or not. Lawmakers responded to the ruling by temporarily making drug possession a simple misdemeanor.

Felony 98

Felony Misdemeanor Drafting Statute 98

JURIST

MAY 25, 2021

In 1998, an immigration judge found that Palomar-Santiago had committed an aggravated felony under the federal immigration laws when he was convicted for driving under the influence. In that case, it was held that under the relevant federal statute, DUI convictions such as that of Palomar-Santiago’s are not aggravated felonies.

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Court Rules Court Immigration Felony 196

SCOTUSBlog

APRIL 14, 2023

Congress extended the Immigration and Nationality Act, which regulates immigration into the United States, in 1988 to give immigration enforcement authorities, now the Department of Homeland Security, the power to automatically deport noncitizens convicted of an “aggravated felony” at the state or federal level.

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Immigration Statute Felony Court 99

JURIST

MARCH 16, 2023

The enjoined statute provides that individuals who perform abortions on pregnant persons can be charged with a class C felony unless the pregnancy is a result of rape or insest or the abortion is performed to prevent death of the pregnant person.

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Court Felony Statute Litigation 197

At the Lectern

SEPTEMBER 20, 2021

5th 952 interpreted Penal Code section 1170.95, which was enacted in Senate Bill 1437 , 2018 legislation narrowing murder liability under the felony murder theory and the natural and probable consequences doctrine. Last week, the Legislature sent to the Governor a bill — SB 775 — that would amend the statute.

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Prima Facie Case Statute Court Felony 49

JURIST

JANUARY 26, 2024

“ President Biden has instructed his agencies to ignore federal statutes that mandate the detention of illegal immigrants. The failure of the Biden Administration to fulfill the duties imposed by Article IV, § 4 has triggered Article I, § 10, Clause 3.”

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Immigration Felony Statute Court Rules 245

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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Felony Personal Injury Court Cause of Action 92

At the Lectern

MARCH 16, 2023

The cases concern resentencing a defendant whose felony-murder conviction is tossed under subsequent legislation narrowing the felony-murder rule. Specifically, the issue is whether a court, when resentencing for the felony underlying the vacated felony-murder conviction, can include an enhancement related to the underlying felony.

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Felony Court Construction Statute 40

The Crime Report

JANUARY 5, 2023

The bill, if enacted, would make providing or referring for this kind of care to anyone under 26 years old a felony offense with a statute of limitations of 40 years. .

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Healthcare Felony Statute 105

JURIST

JANUARY 14, 2023

In 2018 Greek authorities charged Sarah Mardini, Seán Binder and 22 other search and rescue volunteers with various misdemeanor and felony offenses, including human smuggling and money laundering, stemming from their efforts to identify and aid migrant boats off the coast of the island of Lesbos. All we want is justice.

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Misdemeanor Felony Statute Court 104

JURIST

JUNE 24, 2023

” The states of Texas and Louisiana originally filed their lawsuit against the federal government in 2021, saying: The Biden Administration is refusing to take custody of criminal aliens despite federal statutes requiring it to do so. Such aliens belong in federal custody, as Congress required.

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Immigration Court Rules Court Statute 211

JURIST

MAY 10, 2021

Georgia Governor Brian Kemp Monday signed a bill that repeals an 1863 civil war-era statute , one year after Ahmaud Arbery was fatally shot. Under the repeal of the statute, citizens who are mere bystanders or witnesses do not have the right to detain people.

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Statute Laws Felony Legal 152

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. An additional bill, Senate Bill 3 , was also signed into law to provide over $1.5

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Immigration Laws Statute Misdemeanor 129

SCOTUSBlog

FEBRUARY 24, 2023

Share The federal aggravated identity theft statute imposes a two-year sentence for any person who, “during and in relation to” certain enumerated felonies, “knowingly transfers, possesses, or uses without lawful authority, a means of identification of another person.” United States. United States. Dubin disagrees. A panel of the U.S.

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Statute Felony Government Court 79

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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Felony Healthcare Statute Court 249

Mondaq

JULY 19, 2021

Denver Partner and Vice-Chair of Lewis Brisbois' Transportation Practice Katherine L. Vaughn, along with Associate Thomas P. Gerwick, were recently awarded summary judgment on behalf of an.

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Felony Statute 40

At the Lectern

JUNE 26, 2023

Addressing whether a Stamps -like remand is appropriate, the court today finds ambiguity in determining whether the Legislature in the probation statute amendment “intend[ed] to exercise its own authority to change the terms of an existing plea bargain to reduce the length of an agreed-upon term of probation.” In People v.

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Statute Court Rules Court Felony 40

JURIST

JUNE 5, 2021

Van Buren was arrested and charged with a felony violation of the CFAA, under which it is illegal “to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter.”

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Court Statute Felony Legal 222

JURIST

DECEMBER 15, 2021

The US District Court for the District of Columbia Tuesday sentenced a North Carolina man to 28 months in prison after he pleaded guilty to a federal felony charge regarding a threat he made against House Speaker Nancy Pelosi. The trial followed an FBI investigation and prosecution by the US Attorney’s Office for the District of Colombia.

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Felony Statute Government Legal 209

SCOTUSBlog

OCTOBER 1, 2021

The stranger just happened to be a plain-clothes officer who knew of Wooden’s felony convictions. Because people with felony convictions are generally prohibited from possessing firearms, when the officer stepped inside and saw a gun, he arrested Wooden. He answered to find an unknown man, who asked to speak with Wooden’s wife.

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Felony Statute Government Court 121

The Crime Report

JULY 27, 2021

Since 2006, when meth labs were appearing across rural communities, Alabama has made it a felony to expose a child to a chemically toxic environment by enforcing heavier penalties on people who make drugs around children, exposing them to the vapors that are emitted in the creation of crack and meth.

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Felony Statute Legal Legal 105

JURIST

JANUARY 2, 2021

Specifically, the court found the statute constitutional because the government has a “compelling” interest in ensuring the health and safety of its citizens, which can outweigh free speech rights. Casillas was found guilty of a felony and was sentenced to two years in prison.

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Court Laws Statute Felony 211

SCOTUSBlog

MAY 24, 2021

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. Ashcroft that, under the relevant federal statute, DUI convictions like Palomar-Santiago’s are not aggravated felonies.

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Court Felony Immigration Statute 129

The Crime Report

OCTOBER 31, 2023

California is planning to add child sex trafficking to the list of those federal offenses eligible for longer prison sentences under the state’s “three strikes” law, despite protests from advocates who say that the statute has not improved crime rates and disproportionately hurts communities of color, Lindsay Holden reports for the Sacramento Bee.

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Felony Statute Laws 40

JURIST

JANUARY 3, 2024

The law creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses. The case is in the US District Court for the Western District of Texas Austin Division. Last month, Abbott signed SB 4.

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Immigration Laws Misdemeanor Felony 118

SCOTUSBlog

APRIL 26, 2021

In 1991, he received a felony conviction for driving under the influence under California law and completed his sentence. The government alleged that he was removable, despite having a green card, because it believed that his 1991 DUI constituted an “aggravated felony” under the immigration laws. Ochoa , reached a similar result.

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Immigration Felony Statute Court 97

At the Lectern

APRIL 7, 2022

Lopez , the Supreme Court today holds a statute increasing the punishment for gang-related home invasion robberies doesn’t apply to a conviction of conspiracy to commit such a robbery. In People v. The reconciliation includes walking back some broad language in a 2005 opinion.

Statute 49

Statute Felony Court 49