The Crime Report

APRIL 8, 2022

However, according to the National Association of Criminal Defense Lawyers , less than 3 percent of criminal cases have gone to trial in the last five decades. But they were still frog-marched into a plea bargain by their defense attorney or the prosecutor or the judge or some combination thereof. Photo by Brandy Brewer.

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Stare Decisis Lawyer Lawyers Legal 139

SCOTUSBlog

JULY 22, 2022

In three of the past four terms, the Supreme Court has rejected broad readings of white-collar criminal laws urged by the federal government. Those decisions concerned conduct ranging from wire and computer fraud to tax violations. A list of this week’s featured petitions is below: Momphard v.

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SCOTUSBlog

JUNE 28, 2022

Even in the midst of a historic opioid crisis, and an intensely fractured Supreme Court term, the justices found common ground in longstanding presumptions of criminal law and the core principle of physician discretion. The case, Ruan v.

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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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Paralegal Paralegals Law School Criminal Law 40

JonathanTurley

DECEMBER 5, 2023

First, there is the gifted attorney and expert on issues ranging from trains to energy. If he recalls these events and messages, he will not only contradict prior denials but face potential criminal charges for any factual misrepresentations. We will have to wait for the public hearing to see which Hunter will appear.

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SCOTUSBlog

FEBRUARY 24, 2022

Justice Clarence Thomas asked whether CFR courts, if federal rather than tribal, were ultimately Article I courts, potentially raising the issue of their authority to enforce criminal law (but perhaps not raising a double jeopardy issue).

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Government Court Laws Attorney 71

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

” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” ” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent. .”

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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.” However, the statute of limitations in three years for personal injury cases. They need only to file to toll that statute so they have considerable time and any delay due to a prosecution will not undermine their case.

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JonathanTurley

JUNE 30, 2021

Kevin Steele, the Montgomery County district attorney who convicted Cosby, issued a statement that was embarrassing in its evasion of responsibility. Roughly 30 states and the District of Columbia have statutes allowing for recovery for wrongful convictions and imprisonment. Pennsylvania is not one of them (which is quite surprising).

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JonathanTurley

MAY 19, 2021

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. Most concerning is the call for European style speech limits in this country. Free speech demands bright lines.

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SCOTUSBlog

OCTOBER 5, 2023

The Farm Bureau and North Carolina Attorney General Josh Stein ask the court to grant review and reverse the 4th Circuit’s decision. Criminal law We are now in the home stretch. Last among the First (Amendment) cases is Blankenship v. People for the Ethical Treatment of Animals, Inc. , relisted after the Sept.

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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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SCOTUSBlog

APRIL 23, 2023

Both cases arise under the federal firearm statute, 18 U.S.C. § Enacted by Congress in 1994, Section 922(g)(8) criminalizes gun ownership by anyone subject to a domestic-violence restraining order. Court of Appeals for the 5th Circuit. In both United States v. Rahimi and Garland v. Cargill , the government the justices to weigh in.

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Government Court Criminal Law Laws 128

JonathanTurley

AUGUST 16, 2023

Perhaps for that reason, the Biden attorneys were apoplectic in maintaining that the gun charge was inked and sealed. He was convicted of the lawful possession of a firearm due to his drug use and sentenced to four years in prison. Some of those crimes were allowed to expire under the statute of limitations.

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JonathanTurley

NOVEMBER 15, 2022

The court clearly views this prosecution as brought in bad faith, as claimed by Netflix: Section 43.25 [under which Netflix is prosecuted] is a child pornography statute, but the Court is unconvinced that Cuties contains child pornography. 3d 874, 880 (5th Cir. 2018) (quoting Younger, 401 U.S. Here is the opinion: Netflix, Inc.

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The Crime Report

AUGUST 3, 2021

In 2017, then-Attorney General Jeff Sessions ended a controversial Bush- and Obama-era practice that allowed corporations to settle financial claims by making substantial “donations” to pre-selected non-profits. Reviving the practice would violate the Article I Appropriations Clause and a statute known as the McDade Amendment, Larkin Jr.

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Statute Lawyer Lawyers Legal Research 111

SCOTUSBlog

MARCH 19, 2024

Two months later, Gonzalez was charged with violating a state law that prohibits intentionally destroying, concealing, removing, or otherwise impairing government records. The district attorney ultimately declined to pursue the charges against Gonzalez.

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Government Court Laws Felony 116

JonathanTurley

APRIL 26, 2024

Roberts read its statement that “a former president can be prosecuted for his official acts because the fact of the prosecution means that the former president has acted in defiance of the laws” and noted it sounds like “a former president can be prosecuted because he is being prosecuted.”

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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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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 department denied Guastello’s application for another liquor license based on the statute’s mandate that no person convicted of a liquor law violation could receive a liquor license.

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LexForti

NOVEMBER 17, 2022

Before establishment of this statute, there was the absence of any special law which could be entirely designated for the offenses perpetrated against minors. Instead, the offenses were recorded under the Indian Penal Code, 1860, or the Criminal Procedure Code. Narrowly Construed Cases.

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SCOTUSBlog

DECEMBER 31, 2020

Cohen – who first met the Lovings when he was just 29 – filed a lawsuit on their behalf, challenging the Virginia law and similar state statutes as violating the 14th Amendment. Virginia , the court did find the statute unconstitutional. He and his co-counsel, Philip Hirschkop, took the case to the Supreme Court. 29, 1941 – Nov.

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SCOTUSBlog

JANUARY 12, 2022

Oklahoma that Congress had not clearly disestablished a Creek Nation reservation covering much of eastern Oklahoma, and thus the area remained Native American territory for the purposes of a federal criminal law, eliminating the state’s ability to prosecute crimes there. Holcombe v. Florida , 21-53.

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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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Laws Misdemeanor Attorney Felony 41

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. Twenty people reported feeling sick.

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Tort Statute Court Criminal Law 34

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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Felony Court Misdemeanor Statute 51

JonathanTurley

AUGUST 16, 2021

That is equally true about the occasional criminal eephus that takes everyone by surprise. Attorney John Durham ’s investigation has been slow in coming, but on Friday, a report surfaced that he is pitching evidence to a grand jury in an investigation started back in May 2019. For example, U.S.

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Law Firm Law Firms Attorney Statute 60

JonathanTurley

DECEMBER 15, 2021

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. See Giuffre v. Dershowitz , No. 19-cv-03377-LAP (S.D.N.Y.

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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 20, 2023

Here is the column: “The moment that we are waiting for, we made it to the finale together” — those familiar words from “ America’s Got Talent ” — could well be the opening line for Manhattan District Attorney Alvin Bragg next week, when he is expected to unveil an indictment of former President Trump.

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Misdemeanor Felony Legal Legal 56

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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Statute Government Criminal Law Attorney 42

JonathanTurley

MARCH 18, 2024

District Attorney Fani Willis had described Wade as “ a Southern gentleman. In New York, the legislature changed the statute of limitations to allow Trump to be sued while New York Attorney General Letitia James effectively ran on a pledge of selectively prosecuting him. Fulton County, Ga. Me, not so much.”

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Statute Attorney Government Divorce 84

JonathanTurley

NOVEMBER 14, 2023

Trump reposted a supporter’s “fantasy” of executing a citizen’s arrest of Judge Arthur Engoron and New York Attorney General Letitia James. I have been critical of Attorney General James for this case and her running on a pledge to bag Trump if elected. I have also criticized this New York law.

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Felony Misdemeanor Attorney Statute 52

JonathanTurley

MARCH 13, 2024

It also does not address the fact that the Justice Department not only allowed the statute of limitations to run on major crimes, but sought to finalize an obscene plea agreement with no jail time for Hunter. Hunter is not the victim of selective prosecution but the beneficiary of special treatment in the legal system.

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Sports Statute Legal Legal 68

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. McNally, 483 U. This Court declined to go along.

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JonathanTurley

SEPTEMBER 5, 2022

The reason, once again, is Hillary Clinton, who remains a complicating factor in Attorney General Merrick Garland showing the public that this is not about pursuing Trump but enforcing the law. Trump has not fully explained how he allegedly declassified all of this material.

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