JonathanTurley

JANUARY 25, 2024

The district court rejected the effort. With that change, Smith now seeks to enjoin the Defendants from carrying out his death sentence using the Protocol, arguing it unconstitutionally superadds pain such that the court should order the Defendants to amend it or execute him by firing squad, a ‘relatively uncommon and archaic’ method.”

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LexForti

JUNE 3, 2021

Thirdly, no individual should be coerced or be compelled to produce evidence and disclose information that has the likelihood of being used against him/her during court proceedings. AN ELABORATION ON ‘EX POST FACTO’ LAW: ARTICLE 20(1) OF THE INDIAN CONSTITUTION. The landmark judgement of Kedar Nath v.

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Criminal Law Court Laws Constitutional Law 52

JonathanTurley

NOVEMBER 14, 2021

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. Criminal laws are supposed to be interpreted narrowly.

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JonathanTurley

SEPTEMBER 9, 2021

Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech.

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LLRX

OCTOBER 29, 2021

Selin Professor of Constitutional Democracy, reviews how this battle between the two branches of government over access to presidential information raises questions about the constitutional authority of Congress and how lawmakers acquire the information needed to hold the executive branch accountable in the U.S. Jennifer L.

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JonathanTurley

APRIL 2, 2022

Now, an appellate court has upheld a $25 million judgment against the small college and Oberlin earned every penny of that penalty. Oberlin maintained in court filings that the son and grandson of the owners of Gibson’s Bakery “violently and unreasonably attacked” an unarmed student, but that is not how the police viewed it.

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SCOTUSBlog

JUNE 26, 2023

Share On Friday the Supreme Court issued its decision in United States v. The question before the justices was whether a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully violates the First Amendment’s guarantee of the freedom of speech.

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JonathanTurley

MARCH 6, 2023

City of Fort Smith , the court heard a similar case. The United States Court of Appeals for the Eighth Circuit ruled that the verbal abuse was still protected speech. The United States Court of Appeals for the Eighth Circuit ruled that the verbal abuse was still protected speech. In 1971, the Court ruled in Cohen v.

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JonathanTurley

FEBRUARY 7, 2023

However, courts have steadily increased the scope of these orders despite the curtailment of First Amendment rights. 3 to restrict comments from prosecutors, the defense, law enforcement and other officials. Courts have become untethered from the narrow parameters laid down by the Supreme Court in prior cases.

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JURIST

NOVEMBER 3, 2023

The Supreme Court of Canada ruled 6-1 on Friday that the mandatory minimum sentence for child luring is unconstitutional as it violates the right against cruel and unusual punishment under Section 12 of the Canadian Charter of Rights and Freedom. On appeal, the Crown asked the Supreme Court to find it constitutional.

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Court Rules Court Constitutional Law Criminal Law 260

JonathanTurley

JANUARY 3, 2021

Federal and state laws do apply on Indian reservations despite their status as self-regulating states. Smith (1990) , the Supreme Court rejected the claim of exemption of tribes from the federal criminal prohibition on the sue of peyote from the general application of its criminal laws. In Lyng v.

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JonathanTurley

OCTOBER 19, 2021

Generally there is no duty to rescue or to call police under the common law. The law covers violent crimes, sexual assault, and assault of a child. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. We have seen criminal charges for videotaping crime scenes in other countries.

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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 7, 2021

The Court has adopted a highly permissive approach that has fueled the increased use of parallel federal prosecutions. The Supreme Court has also emphasized that, as separate sovereign powers, the federal government retains the right prosecute for its own crimes. The foundation for this rule was laid in Blockburger v.

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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. The arrest appears to have been made under a state hate crime law that has long been criticized by some of us in the free speech community as dangerously vague. Free speech demands bright lines.

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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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Constitutional Law Reporter

MARCH 21, 2024

Supreme Court held oral arguments in six cases to end its February sitting. A pair of cases challenging Texas and Florida’s controversial social media laws took center stage. In the Florida case, the Eleventh Circuit Court of Appeals held that S.B. Below is a brief summary of the other cases before the Court: Cantero v.

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Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. The justices unanimously held that a defendant “uses” another person’s means of identification “in relation to” a predicate offense when the use is at the crux of what makes the conduct criminal. In Durbin v. United States , 599 U.S. _ (2023), the U.S.

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Statute Healthcare Court Constitutional Law 52

JonathanTurley

MARCH 28, 2024

The United States Court of Appeals for the Fifth Circuit has blocked border enforcement by the state under Texas’s SB 4. Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. The state can no seek a review with the Supreme Court itself.

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Immigration Government Laws Court 53

JonathanTurley

MARCH 20, 2021

We recently discussed the case of University of North Carolina law student Sagar Sharma, a student of color, who faced a recall election as the first-year class co-president. The charges are connected to the prior controversy and raise serious free speech and retaliatory concerns at the law school. . First is SBA By-Law 11.2

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JonathanTurley

MARCH 10, 2022

The case came before the court after the district court granted summary judgment, on qualified immunity grounds, in favor of Las Vegas Metropolitan Police Department Detective Christopher Tucker. Bartlett (2019) [the relevant Supreme Court precedent -EV]. Notably, in Ballentine v. Tucker was sued under 42 U.S.C. ” …. [T]he

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Statute Court Laws Constitutional Law 7

JonathanTurley

JULY 24, 2021

Courts look to two elements in entrapment cases. 540 (1992), the Court ruled that a Nebraska man convicting of receiving child pornography through the mail was entrapped. convincing him that he had or should have the right to engage in the very behavior proscribed by law.” In Jacobson v. United States , 503 U.S.

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JonathanTurley

DECEMBER 8, 2020

Michael Luttig was a member of the United States Court of Appeals for the Fourth Circuit (1991-2006) and was assistant attorney general for the Office of Legal Counsel at the Justice Department (1990-1991). I also believe that self pardons offend our sensibilities and constitute self-dealing.

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JonathanTurley

MAY 25, 2021

There is an interesting case out of Kansas where an alleged rape victim has used a 134-year-old law to seek her own grand jury after prosecutors reached a plea bargain with the alleged attacker. Now, Smith is asserting the right to charge him with rape in the same case after the prosecution and the court signed off on the plea agreement.

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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 9, 2023

The state legislature continues to crank out flagrantly unconstitutional gun control laws to please its political base, but the result is to further expand gun rights with a litany of court losses. I previously wrote about the latest New York gun law passed after the Court’s ruling in New York State Rifle and Pistol Association v.

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Laws Court Lawyer Lawyers 48

JonathanTurley

NOVEMBER 23, 2022

New York Democrats continue to pass laws that are virtually guaranteed to be struck down and further reinforce Second Amendment rights. The latest provision involves the possible criminal prosecution for possessing a gun on private property if owner has not approved such possession on the premises. New York Democratic Gov.

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Laws Court Entertainment Sports 50

JonathanTurley

JANUARY 5, 2022

The Supreme Court has repeatedly declared that the “minimal standards of due process” demand “a panel of impartial, indifferent jurors.” Nevertheless, I have been critical of judges who turn a blind eye to juror bias , including false answers on jury forms.

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Constitutional Law Criminal Law Court Laws 45

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

FEBRUARY 6, 2023

We recently discussed the ruling of the United States Court of Appeals for the Fifth Circuit striking down a ban on gun ownership by individuals accused of domestic abuse. The court noted that this provision “is rarely used by prosecutors, as it accounts for only about 5% of prosecutions brought under § 922.” Barr , 919 F.3d

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JonathanTurley

NOVEMBER 15, 2021

It got worse from there, including a glaring constitutional violation by the prosecution when Binger began his cross examination of Rittenhouse by commenting on his decision to remain silent. Her guest, MSNBC legal analyst and Georgetown law professor Paul Butler, concurred and called it “the greatest performance of (his) life.”.

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JonathanTurley

APRIL 20, 2024

We now have a major decision out of the United States Court of Appeals for the Ninth Circuit that could prove an important precedent in resisting the growing anti-free speech movement in the United States. City of Seattle , the court ruled against Seattle in a case involving the arrest of a pro-life protester. In Meinecke v.

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Government Court Constitutional Law Criminal Law 73

JonathanTurley

JULY 13, 2022

This may reflect confusion among these doctors, but the law seems clear on the available exceptions. It should not violate HIPPA or other laws to confirm that a report was filed and the victim has been protected by authorities. ” The President used the story to attack the Supreme Court and ask “What century are they in?”

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Laws Legal Legal Court 64

JonathanTurley

JUNE 9, 2023

First, let’s look at the law. The California provision states that kidnapping involves someone who “abducts or takes by force or fraud any person contrary to the law of the place where that act is committed, and brings, sends, or conveys that person within the limits of this state.”

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Laws Misdemeanor Attorney Felony 39

JonathanTurley

APRIL 7, 2024

Now, Judge Walton has been criticized by the United States Court of Appeals for a District of Columbia for a surveillance order of the computer of a January 6th defendant. ” The issue of these public statements by Trump is currently pending before both state and federal courts, including proceedings in the District of Columbia.

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JonathanTurley

MARCH 8, 2023

That portrayal of Chansley would have been more difficult to maintain if the Court was allowed to see images of Chansley casually walking through a door of the Capitol with hundreds of other protesters and then being escorted by officers through the Capitol. It certainly would have been material to the court in sentencing the conduct.

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JonathanTurley

AUGUST 11, 2021

Last night, the Texas Supreme Court lifted the temporary restraining order. The lack of case law was at the heart of the “fact check” of the PolitiFact. Such objections should be distinguished from complaints over distorting backgrounds , history history , or the law. It did not take long for Urrutia to be reversed.

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