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terms applies retroactively and, when so applied, doesn’t jeopardize a plea agreement reached under the harsher superseded law. In People v. Stamps (2020) 9 Cal.5th

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At the Lectern

JUNE 17, 2021

The court’s unanimous opinion by Chief Justice Tani Cantil-Sakauye holds to be not final, and thus eligible for resentencing, “ a case in which a defendant is placed on probation with execution of an impose d state prison sentence suspended. The court ruled similarly last year in People v. McKenzie (2020) 9 Cal.5th

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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. A list of all petitions we’re watching is available here.

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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. 922(g) prohibits people with felony convictions from possessing a firearm. In 2019, the court ruled in Rehaif v.

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At the Lectern

APRIL 22, 2021

The court denied two defendants’ petitions for review in People v. Batiste — where the Supreme Court directed the appellate court to “consider whether the summary reversal procedure used is appropriate in light of California Constitution, article VI, sections 3 and 14, People v. Rules of Court, rule 8.200(a).”

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The Crime Report

OCTOBER 6, 2021

A “cottage industry” has emerged in the past few years to fight for wrongfully convicted individuals, ranging from Conviction Integrity Units (CIUs) operated by district attorneys’ offices, to nonprofit or university-based groups like the Innocence Project and Northwestern University’s Exoneration Project.

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JonathanTurley

NOVEMBER 21, 2021

The court ruled that Georgia’s prior citizen’s arrest law is only applicable if a person sees a felony committed and acts without delay. The ruling could be “outcome determinative” in the case by stripping away the core defense that these men were chasing a person suspected of a series of crimes over the last year.

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At the Lectern

OCTOBER 14, 2022

Division One had no problem with the admission of statements the defendant made in jail — after he requested an attorney — to “an undercover detective and a cooperating individual, who were posing as fellow inmates.” Rules of Court, rule 4.551, subd. (c)(1); 29; see also Cal. c)(1); People v.

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JURIST

JULY 10, 2023

Additionally, the court did not find that FOSTA violates the First Amendment. FOSTA makes it a felony to own, manage or operate an “interactive computer service” with the intent to promote or facilitate the prostitution of another person.

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At the Lectern

APRIL 13, 2023

She sought resentencing under 2018 legislation — Senate Bill 1437 — that narrowed murder liability under the felony murder theory and eliminated it under the natural and probable consequences doctrine. ” The Third District found substantial evidence supported the ruling. Strong (2022) 13 Cal.5th Lewis (2021) 11 Cal.5th

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SCOTUSBlog

MAY 28, 2021

Rollins challenges a Massachusetts law that makes it a felony to secretly record the speech of anyone other than a law enforcement officer, irrespective of motive. whose attorneys contribute to SCOTUSblog in various capacities, is counsel to the respondents in this case. Project Veritas Action Fund v. In Louisiana v. Louisiana v.

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ClimateChange-ClimateLaw

JULY 6, 2017

The Fourth Circuit Court of Appeals ruled that a West Virginia federal district court had erred in concluding that it had jurisdiction to consider the coal company Murray Energy Corporation’s and its affiliates’ lawsuit that sought to compel EPA to conduct evaluations of the Clean Air Act’s employment effects. 47641-0-II (Wash.

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The Crime Report

SEPTEMBER 7, 2023

In a 6-3 decision Ex parte Danny Richard Lane , the state’s highest criminal appeals court ruled that Texas’ historical doctrine of “judicial clemency” does not forgive sex offender registration. A few months later in 2007 Lane was arrested and charged with a third-degree felony for failure to register as a sex offender.

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SCOTUSBlog

OCTOBER 8, 2021

Oklahoma , the Supreme Court ruled that the eastern half of Oklahoma remains “Indian country” for purposes of the Major Crimes Act , meaning that the federal government, not the state, has authority for prosecuting Native Americans for major crimes committed on reservations. Court of Appeals for the 10th Circuit upheld the CADA.

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JURIST

MARCH 13, 2024

On Wednesday, Judge Scott McAfee of the Fulton County Superior Court ruled that six of the charges should be dropped for a “lack of detail concerning an essential legal element,” an oversight the judge described as “fatal.” Kimbrough, 300 Ga.

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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.

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Immigration Felony Statute Court 98

JURIST

SEPTEMBER 6, 2021

The North Carolina Court of Appeals on Friday blocked a lower court order that would restore voting rights to more than 55,000 North Carolinians on parole or probation for a felony. ” Advocates for the formerly incarcerated are expected to appeal the appellate court’s decision to the North Carolina Supreme Court.

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SCOTUSBlog

MARCH 19, 2024

A federal appeals court ruled that Gonzalez’s case could not go forward because she had not provided examples of others who had engaged in the same kind of conduct but had not engaged in protected speech and had not been arrested. The district attorney ultimately declined to pursue the charges against Gonzalez.

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The Crime Report

FEBRUARY 1, 2023

In a 2022 interview, Harpster defended his program and noted that he has also helped defense attorneys argue for suspects’ innocence. While there is no index that lists cases in which bloodstain-pattern analysis played a role, state appellate court rulings show that the technique has played a factor in felony cases across the country.

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The Crime Report

FEBRUARY 24, 2022

Contra Costa County District Attorney Diana Becton is among a small group of district attorneys working to dial back decades of tough-on-crime approaches. Statistics on her roughly 100-attorney staff shared with The Imprint show that in 2017, 43 percent were women. Photo by Ashleigh Reddy.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. The court said the writer had already availed himself of the remedy offered by D.C.’s

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ClimateChange-ClimateLaw

MARCH 6, 2018

The federal district court for the Eastern District of California held that more analysis of the impacts climate change would have on a water transfer program for the Sacramento/San Joaquin Delta was required under NEPA. In a letter to the court on March 2, the parties asked the court to defer further briefing on the U.S.-based

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JonathanTurley

NOVEMBER 25, 2020

The Attorney General of the United States may be one of the most perfectly tailored case for major Supreme Court decision. The Supreme Court recognized that this is not an “unlimited” right under the Constitution while affirming the right of “law-abiding, responsible citizens to use arms in defense of hearth and home.”

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JonathanTurley

JUNE 29, 2022

Attorney General Dana Nessel has lost the Flint case in spectacular fashion this week. In an unanimous 6-0 ruling, the Michigan Supreme Court held that her office committed a fatal and inexplicable error in prosecuting nine officials for the Flint water crisis, including former Gov. Rick Snyder. juror) to charge them.”

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JonathanTurley

JUNE 17, 2022

After the riot, District of Columbia Attorney General Karl Racine announced that he was considering arresting Trump, Donald Trump Jr., ” ) In other words, the natural and probable consequences doctrine may apply to felony murder, but it is not properly applied to attempted murder. Those are plenty to start with.”.

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SCOTUSBlog

JANUARY 26, 2022

attorney in Los Angeles and a second summer as a summer associate at Munger, Tolles & Olson. During her time in the Department of Justice, Kruger twice received the attorney general’s award for exceptional service, the department’s “highest award for employee performance.” Supreme Court’s 2013 decision in Maryland v.

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JonathanTurley

DECEMBER 20, 2022

Experts like Harvard law professor Laurence Tribe have previously declared Trump’s felonies were shown “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” That speech appears protected by the First Amendment and existing Supreme Court precedent. At 4:17 p.m., In Brandenburg v.

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