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terms applies retroactively and, when so applied, doesn’t jeopardize a plea agreement reached under the harsher superseded law. It’s not an easily resolved issue, because the Legislature didn’t specify an answer. In People v.

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JURIST

JANUARY 3, 2024

The case is in the US District Court for the Western District of Texas Austin Division. The law creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses. Addressing the lawsuit, Associate Attorney General Vanita Gupta stated : SB 4 is clearly unconstitutional.

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Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. The specific issue before the Court in Dubin v. After a district court upheld the convictions, Dubin appealed. Issues Before the Supreme Court. The Supreme Court granted certiorari on November 22, 2022.

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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 man, Cleveland Grover Meredith, Jr., pleaded guilty to interstate communication of threats.

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Paralegal Bootcamp

JULY 28, 2022

Then, an opportunity came along to work for the County Public Defender’s Office, defending people in misdemeanor, felony, and now the only paralegal in the office on capital cases. In my office, we have had several cases we had to give to contract attorneys because of conflicts with co-defendants. Conflict Checks. Memorandums.

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At the Lectern

JANUARY 3, 2021

A frequently invoked ground for Supreme Court review of a case is when it is “necessary. But offering the court an important legal issue is not alone enough to get a case heard. Sometimes, the court is just fine with the way the Court of Appeal has settled the issue. to settle an important question of law.”

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The Crime Report

JANUARY 18, 2022

While most Americans believe arrested people go to court soon after their arrest, Constitutional guarantees of a “fair and speedy trial” are infrequently honored in our under-resourced criminal justice system, according to a study produced by the Deason Criminal Justice Reform Center at the Southern Methodist University Dedman School of Law.

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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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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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At the Lectern

JANUARY 27, 2022

Actions of note included: Oil and gas drilling/fracking ban : The court granted review in Chevron U.S.A., The court ordered briefing on whether “Public Resources Code section 3106 impliedly preempt[s] provisions” of the ordinance, which was adopted by initiative. Recorded vote : The court denied review in People v.

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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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At the Lectern

JUNE 17, 2022

At the Supreme Court’s conference yesterday, a double one, actions of note included: Supreme Court will answer Ninth Circuit products failure-to-warn questions Justice Liu separate statements on parole, sentencing rights. The court granted review in Meinhardt v. The court denied review in Crenshaw Subway Coalition v.

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At the Lectern

AUGUST 19, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court rejects challenge to continuation of Governor’s emergency declaration. The court granted review in Leon v. Menetrez, a former Horvitz & Levy attorney, wrote the article before becoming a judge. discovery case.

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At the Lectern

APRIL 29, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court OK’s commutation of three-strikes sentence. The court granted review in Pulliam v. The appellate court concluded the Rule doesn’t limit attorney fees, disagreeing with Lafferty v. The court denied depublication.].

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At the Lectern

MARCH 11, 2022

At the Supreme Court’s Wednesday conference — a double one, and with only six justices participating because of Justice Mariano-Florentino Cuéllar’s retirement at the end of October — actions of note included: Bail denial. ” The Court of Appeal had summarily denied the defendant’s habeas corpus petition.

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JonathanTurley

JUNE 7, 2023

Yesterday, the United States Court of Appeals for the Third Circuit handed down a major ruling in favor of the Second Amendment rights of ex-felons. While it is always risky to bet on granting of review before the Supreme Court, this en banc decision is well positioned for a Supreme Court showdown over the Second Amendment.

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Livesay&Myers

APRIL 5, 2021

The fault grounds for divorce in Virginia are adultery, cruelty, desertion, and felony conviction and confinement in excess of one year. Under the current statute, one of the requirements to obtain your final order of divorce is an affidavit of a corroborating witness. There are advantages and disadvantages to each.

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The Crime Report

APRIL 8, 2022

A common misconception, perpetuated by popular television shows and movies, as well as the Sixth Amendment, is that everyone gets their day in court. But they were still frog-marched into a plea bargain by their defense attorney or the prosecutor or the judge or some combination thereof. The courts are not for landless laborers.

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At the Lectern

APRIL 11, 2024

Here are some of the notable actions at yesterday’s Supreme Court conference , a double one: Three-justice separate statement in denial of habeas petition filed by youth offender serving an LWOP sentence because she tried to protect her boyfriend Supreme Court won’t hear Ninth-Circuit-referred sexual assault case against Uber Solar energy rates.

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At the Lectern

NOVEMBER 11, 2021

At its conference yesterday, a double one, and with only six justices participating because of Justice Mariano-Florentino Cuéllar’s retirement less than two weeks ago, the Supreme Court straight granted four petitions for review. Supreme Court signs off on two more clemency grants. The court granted review in People v.

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The Crime Report

OCTOBER 5, 2021

For decades, attorneys, activists, academics, and even judges have openly critiqued the War on Drugs and its associated harsh enforcement policies such as mandatory minimum sentencing. In 2000, 54 percent of the state court defendants convicted for weapons crimes were black, as compared to 44 percent white.

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The Crime Report

MAY 16, 2022

In 2019, New York passed a bill eliminating both cash bail for most misdemeanors and non-violent felony offenses and judges’ discretion in setting bail amounts in those cases. percent of violent felony arrests were of suspects with open cases in 2019. That is unjust in so many ways.”. That is what is happening.”. percent and 25.1

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JonathanTurley

OCTOBER 23, 2021

b) Involuntary—in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This incident could well prove a violation of a statute or regulation making the act “negligent per se.”

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The Crime Report

MARCH 7, 2022

Among the city’s five district attorneys, this rate ranged from a high of 23 percent in Manhattan to just 1 percent in the Bronx, where just a single hate crime arrest out of a total of 92 resulted in a hate crime conviction since District Attorney Darcel Clark took control of the office in 2016.

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit Court of Appeals ruled that the U.S. Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The court therefore found that the stay was unauthorized and vacated it. FEATURED CASE. A divided D.C. DECISIONS AND SETTLEMENTS.

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Broadcast Law Blog

JANUARY 22, 2010

The Supreme Court Decision in Citizens United v. Because the station cannot censor the candidate ad (except in the exceptionally rare situation where the airing of the ad might violate a Federal felony statute), the broadcaster has no liability for the contents of the ad. How much investigation is necessary?

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At the Lectern

APRIL 13, 2023

The Supreme Court yesterday denied review in People v. Powell , where a Third District Court of Appeal unpublished opinion affirmed the denial of a domestic violence victim’s petition for resentencing after she had pleaded guilty to first degree murder in 1998.

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SCOTUSBlog

MAY 28, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the scope of the First Amendment — specifically, whether a law forbidding clandestine recordings is overbroad and whether a state may require individuals to carry identification cards labeled “SEX OFFENDER.” In Louisiana v.

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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. In 1987, the trial court “set aside” the rape conviction through a “judicial clemency” order. He was given a 10-year probated sentence.

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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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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. In 2019, in Nieves v.

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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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JonathanTurley

DECEMBER 8, 2023

The six misdemeanor charges and three felonies carry a potential sentence of 17 years for alleged tax evasion and filing a false return. The Justice Department inexplicably allowed the statute of limitations to run on the most serious allegations involving payments from years going back to 2016. It could have been worse.

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JonathanTurley

APRIL 7, 2023

Given Bragg’s failure to even state the key offense allowing him to bring these 34 felonies, Merchan should have scheduled a hearing on the threshold legal questions in two weeks — not schedule all motions to be heard in December. It is not simply that the district attorney ran on a pledge to indict this defendant.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Fourth Circuit Declined to Stay Remand Order in Baltimore’s Climate Case Against Fossil Fuel Companies; Companies Sought Stay from Supreme Court. Supreme Court. On October 2, the district court granted the companies’ motion to temporarily extend its stay of the remand order until the Supreme Court resolves the application.

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JonathanTurley

JUNE 9, 2023

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. The reason is that these claims are made for cable news, not courts of law.

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