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Panel Holds that Ohio Aggravated Burglary Statute Does Not Count as Predicate Violent Felony under ACCA. 

SquirePattonBoggs

Judge White wrote the unanimous opinion for the Court, which was joined by Judge Moore and Judge Bush. The Court held that an Ohio aggravated-robbery offense, R.C. The Sixth Circuit reversed the District Court’s contrary decision. Borden ’s mens rea requirement mattered here because, on its face, R.C. White , No.

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Canada Supreme Court hands down varied rulings on firearm-related mandatory minimums

JURIST

The Supreme Court of Canada Friday published two opinions which respectively struck down the mandatory minimum sentence for discharging a firearm into a house and upheld the two mandatory minimums for armed robbery with a firearm. The court handed down both decisions simultaneously.

Mens Rea 104
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Good Doc, Bad Doc: Supreme Court Finds Prescriber Knowledge Counts

FDA Law Blog

Palmer — On June 27, 2022, in one of the last opinions issued during its current term, a majority of the U.S. Supreme Court (six justices) issued a noteworthy opinion on criminal liability related to prescribers of controlled substances. The Supreme Court granted certiorari to resolve the Circuit split. Gilbert & Karla L.

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Defendant wrongly denied chance at murder resentencing

At the Lectern

Curiel , the Supreme Court today holds that a defendant serving a life-without-parole sentence for a murder committed by another should have had an evidentiary hearing to determine his eligibility for resentencing under post-conviction legislation that restricted vicarious murder liability. Strong (2022) 13 Cal.5th In People v.

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Larger March calendar includes high-stakes COVID insurance case

At the Lectern

The Supreme Court yesterday announced it will hear six oral arguments in March, the biggest calendar of the term. The Chief Justice predicted last month that the court’s opinion output would increase during the term’s second half. The court granted review in March 2022. Vigilant Insurance Co. :

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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law Blog

Now, after an unfavorable HHS Office of the Inspector General (OIG) advisory opinion and two defeats in court, Pfizer has appealed the Second Circuit’s decision to the Supreme Court. The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.

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Venue (and Changing Venue) in Criminal Trade Secret Cases

Patently O

US , 21-1576 (Supreme Court 2022). Supreme Court, Smith argues that venue was improper in Florida. In analyzing proper venue in Federal criminal cases the courts have a two-step approach: (1) identify the essential conduct elements of the crime; and (2) determine where those conduct elements were committed. ” U.S.