SCOTUSBlog

JULY 22, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. In three of the past four terms, the Supreme Court has rejected broad readings of white-collar criminal laws urged by the federal government. Court of Appeals for the 5th Circuit. In Dubin v.

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SCOTUSBlog

JUNE 28, 2022

Share With a majority opinion that will be one of Justice Stephen Breyer’s last for the Supreme Court, the court on Monday ruled 9-0 that two alleged opioids “pill mill” doctors could not be convicted absent a jury finding that they subjectively believed they were wrongfully dispensing pills. The case, Ruan v.

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SCOTUSBlog

FEBRUARY 24, 2022

Share The Supreme Court heard argument on Tuesday in Denezpi v. United States , which examines whether the federal government can bring criminal charges in federal court against a defendant previously found guilty in a Court of Indian Offenses for an offense stemming from the same act.

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SCOTUSBlog

OCTOBER 5, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

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Paralegal Mentor

MAY 15, 2014

Cooley Law School. We discuss the Innocence Project and the Post Conviction DNA Testing Statutes that opened the door for exoneration of the innocent around the country. In 2006, Professor Mitchell received the Justice For All award from the Criminal Defense Attorneys of Michigan for her Innocence Project work.

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MyCase

AUGUST 25, 2023

Lawyers can also leverage technology in criminal justice to analyze evidence, locate specific details among vast amounts of data, research case law and statutes, collaborate with clients in different locations, and prepare compelling trial presentations. Attorneys often rely on digital signatures to execute service agreements.

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JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. 568, 572 (1942), the Court has sharply abridged the application that exception.

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JonathanTurley

JUNE 30, 2021

Bill Cosby is a free man after the Pennsylvania Supreme Court overturned the conviction that sent him to jail roughly three years ago to serve 3-10 years for sexual assault. He proceeded to incriminate himself in what the Court said was a bait-and-switch. The court yielded to prosecutorial demands that were facially unconstitutional.

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JonathanTurley

MAY 19, 2021

The case could present an important court test for this country in resisting the criminalization of speech that we have seen in Europe. One of the greatest threats to free speech is the chilling effect caused by ambiguous or vague standards like the one contained in this statute. Free speech demands bright lines.

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JonathanTurley

AUGUST 5, 2021

That is common in sexual harassment cases and hostile workplaces where you can get around statute of limitations when at least one case is recent or ongoing. However, as shown by the Bill Cosby case , such evidence can create reversible error in criminal cases. Indeed, if charged, Cuomo is likely to use a Cosby defense.

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JonathanTurley

OCTOBER 23, 2021

This incident could well prove a violation of a statute or regulation making the act “negligent per se.” In 1968, the California Supreme Court expanded NIED claims in Dillon v. If there is a criminal charge, a court could opt to delay any tort action until after the prosecution. Walgreen Hastings Co.,

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SCOTUSBlog

APRIL 23, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. This week, we highlight cert petitions that ask the court to consider, among other things, whether to revive two federal gun restrictions struck down by the U.S. Court of Appeals for the 5th Circuit.

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JonathanTurley

AUGUST 16, 2023

Perhaps for that reason, the Biden attorneys were apoplectic in maintaining that the gun charge was inked and sealed. That is the problem when your counsel tells the prosecutor in open court to “just rip up” the plea deal. The Justice Department just declared, however, that it is dead as Dillinger.

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JonathanTurley

NOVEMBER 15, 2022

The move is relatively rare since the Younger abstention doctrine ordinarily shields state prosecutions from such interventions of federal courts. However, the court highlighted deep flaws in the prosecutorial case. The court expresses grave doubts that the charges were brought with “any hope of obtaining a valid conviction.”

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JonathanTurley

DECEMBER 27, 2023

I was highly skeptical of the charges brought by Circuit Attorney Kim Gardner, who was later removed from the case due to ethical concerns. The Missouri Court of Appeals has now prevented that return of the weapons by denying a motion for replevin. He then sough the return of two firearms. Dep’t of Liquor Control (Mo.

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SCOTUSBlog

MARCH 19, 2024

Share The Supreme Court will hear oral arguments on Wednesday in the case of a 76-year-old Texas woman , Sylvia Gonzalez, who was arrested on charges that she had violated a state law that prohibits tampering with government records. The district attorney ultimately declined to pursue the charges against Gonzalez. Senior U.S.

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SCOTUSBlog

DECEMBER 31, 2020

A government lawyer who argued at the Supreme Court more than anyone else in the 20th century. As the year comes to a close, SCOTUSblog looks back at some of the individuals who died in 2020 after living lives that brought them – at different times and for different reasons – to the Supreme Court of the United States.

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JonathanTurley

APRIL 26, 2024

As expected, with the exception of the three liberal justices, the Court appears to be struggling to find a more nuanced approach that would avoid the extreme positions of both parties. It has been almost 50 years since the high court ruled presidents have absolute immunity from civil lawsuits in Nixon v. Fitzgerald.

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JonathanTurley

DECEMBER 8, 2023

The Justice Department inexplicably allowed the statute of limitations to run on the most serious allegations involving payments from years going back to 2016. After all, Attorney General Merrick Garland had refused the calls of many of us to appoint a Special Counsel to look into the corruption scandal. It could have been worse.

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LexForti

NOVEMBER 17, 2022

In a parallel vein, the Juvenile Justice Act was passed into law in order to shield minors from crimes like “sexual assault, sexual harassment, and pornography” and to provide for the institution of Special Courts to conduct special proceedings for crimes of such manner as well as connected concerns and occurrences.

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SCOTUSBlog

JANUARY 12, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. At this Friday’s conference, the Supreme Court will vote to grant the last cases that will be argued this term (barring expedited briefing on some emergency matter). The court earlier asked for the U.S.

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JonathanTurley

APRIL 7, 2023

If there is an Ed Wood school of prosecution, Manhattan District Attorney Alvin Bragg could prove to be its most apt pupil. For many weeks, experts on both the left and the right expressed doubts that Bragg could charge Trump with falsifying business records, a misdemeanor with a now-expired two-year statute of limitation.

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JonathanTurley

NOVEMBER 27, 2020

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). The litigation over last year’s lettuce recall has only just started due to the statute of limitations. Some things are happily left out of the courts.

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JonathanTurley

JUNE 9, 2023

to be charged criminally for transporting 36 people to Sacramento. California Attorney General Rob Bonta (D) chimed in, declaring the flight from Florida might be “ State-sanctioned kidnapping.” Attorney for the District of Massachusetts, announced that she was taking a look, “long and hard,” at potential charges.

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JonathanTurley

DECEMBER 15, 2021

Florida Southern District Court. He argues that the court is allowed to take “judicial notice” of the agreement in light of the fact that it has been used previously in court, including the voluntary dismissal of her battery claims against Epstein’s former attorney, Alan Dershowitz in a parallel case.

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JonathanTurley

AUGUST 15, 2022

That is why Attorney General Merrick Garland should call for its unsealing. Nevertheless, then-FBI Director James Comey declared that “although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case.”.

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JonathanTurley

MARCH 18, 2024

It is becoming harder to deny the existence of a two-track system of justice in the country as commentators and even a few courts raise concerns over the role of politics in prosecutions. District Attorney Fani Willis had described Wade as “ a Southern gentleman. District Court Judge Cormac J. Fulton County, Ga.

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JonathanTurley

JUNE 16, 2023

The statute is currently being used against Julian Assange and has a long and troubling history. Those were the words from Attorney General Charles Gregory in November 1917, when Congress enacted the Espionage Act, the very act now being used to prosecute former president Donald Trump.

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JonathanTurley

MARCH 13, 2024

was in court this week for another superseding indictment brought by federal prosecutors in the Southern District of New York. He has told courts that even the few charges brought against him are evidence of selective prosecution. Here is the column: Sen. Bob Menendez , D-N.J., He is a Fox News contributor.

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JonathanTurley

JANUARY 5, 2021

Now, he is insisting that the call with Georgia Secretary of State Brad Raffensperger is clearly a criminal act. While I admittedly come to these questions from the counter perspective of a criminal defense attorney, the claim is legally absurd. This Court declined to go along. who refused to endorse then-Gov.

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SCOTUSBlog

APRIL 24, 2024

Share The Supreme Court on Wednesday was divided over whether a federal law requiring hospitals that participate in Medicare to provide “necessary stabilizing treatment” in an emergency overrides an Idaho law that bars most abortions. Shortly after the Supreme Court’s 2022 decision in Dobbs v. After a divided U.S.

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JonathanTurley

AUGUST 13, 2023

Despite my enthusiastic support at this nomination, I have come to view Attorney General Merrick Garland as a failure as Attorney General. After being confronted by allegations of a fixed investigation, Attorney General Merrick Garland just sent Shoeless Joe back into the game. Jackson responded “Yes, kid, I’m afraid it is.”

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JonathanTurley

FEBRUARY 21, 2024

Here is the column: Last week , some of us were struck by how Fulton County District Attorney Fani Willis seemed to morph into the man she is prosecuting in Georgia. Now, Hunter Biden also seems to have gone full Trump in court and no one appears to have noticed. attorney for Delaware. He is a Fox News contributor.

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JonathanTurley

AUGUST 22, 2023

” The responsibility for this theater of the absurd is Attorney General Merrick Garland who has again shown a lack of strength and leadership at a key moment for his department. Now it appears that the controversial “sweetheart deal” was not the first choice of US Attorney David Weiss. Why would that be?

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SCOTUSBlog

NOVEMBER 2, 2021

Professors of Second Amendment law and the Bay Colony Weapons Collectors argue that the founders deliberately broadened English gun rights, which, The Firearms Policy Coalition at George Mason University writes, already provided for the right to carry a weapon in public for self-defense. Discriminatory Practice. Weakness Of ‘Proper Cause’.

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SCOTUSBlog

JANUARY 26, 2022

Supreme Court. With Justice Stephen Breyer expected to retire at the end of this term , California Supreme Court Justice Leondra Kruger is one of the frontrunners to succeed him. Court of Appeals for the 5th Circuit who was on former President Donald Trump’s short list to fill a Supreme Court vacancy.

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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., It was due to the paucity of direct evidence of a crime that would hold up in court. Indeed, such a claim would contradict controlling Supreme Court precedent. Those are plenty to start with.”.

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