JonathanTurley

NOVEMBER 14, 2021

The statement could effectively knock out the misdemeanor gun possession count — the one count that could still be in play for the jury after the prosecution’s case on the more serious offense appeared to collapse in court. I have a legal education.” It is also hard to instruct a jury on an ambiguous statute.

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Statute Misdemeanor Criminal Law Felony 60

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.

Criminal Law 52

Criminal Law Court Laws Constitutional Law 52

JonathanTurley

OCTOBER 19, 2021

In 2009, the New York courts ruled that Metro workers were not legally required to assist a woman being raped at a station. Even though Bigan dared Yania to jump into the hole full of water, the court found that this made no difference. The language of this Court in Brown v. In torts, there is no duty to rescue rule.

Tort 51

Tort Misdemeanor Legal Legal 51

JonathanTurley

JANUARY 3, 2021

.” The question is whether it is appropriate or even legal for states or tribes to use a language criteria to prioritize certain citizens over others. Federal and state laws do apply on Indian reservations despite their status as self-regulating states. In Employment Division, Department of Human Resources of Oregon v.

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Conflict of Laws

AUGUST 15, 2024

The book explores the approach of English courts to jurisdictional issues in foreign direct liability (FDL) claims brought against English-based parent companies and their foreign subsidiaries as co-defendants. Aristova highlights the difficulties in providing a clear legal definition of TNCs due to their complex, multi-tiered structures.

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Tort Litigating Litigation Court 64

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 63

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). ” The King of England was long held to “do no wrong” legally as a matter of immunity.

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JonathanTurley

MAY 25, 2021

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. Notably, this attack occurred when the courts were conducting a major review of this law. In 2018, the Court of Appeal of Kansas address a case of a citizen grand jury.

Statute 52

Statute Laws Court Court Rules 52

JonathanTurley

NOVEMBER 15, 2021

One issue to watch is how Judge Bruce Schroeder handles the gun count, which is based on what I believe is a flawed legal interpretation by the prosecution. Here is the column: The trial of Kyle Rittenhouse increasingly seems like a legal version of the parable of the blind men and the elephant. Biased media viewers.

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Court Misdemeanor Legal Legal 58

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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Criminal Law Court Court Rules Attorney 84

JonathanTurley

JULY 13, 2022

The story of the child rape united the nation in revulsion, but also became the rallying point for the condemnation of the Supreme Court, including in comments by President Biden. ” The President used the story to attack the Supreme Court and ask “What century are they in?” Ten years old — 10 years old!

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Laws Legal Legal Constitutional Law 75

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.

Laws 57

Laws Court Lawyer Lawyers 57

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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Government Court Litigating Litigation 86

JonathanTurley

AUGUST 11, 2021

Last night, the Texas Supreme Court lifted the temporary restraining order. PolitiFact ran a piece basically calling Cruz a liar for his saying that there was “clear legal authority” for the order to arrest the members. That is clear legal authority. Thus, there is no legal clarity.” Rule 5 (Sec.

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Court Court Decisions Legal Legal 58

JonathanTurley

MARCH 8, 2023

Before addressing the legal implications of this footage, one thing should be clear. 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.

Constitutional Law 59

Constitutional Law Criminal Law Court Laws 59

JonathanTurley

SEPTEMBER 6, 2022

In another defeat for the Justice Department, a federal court has ordered not just the appointment of a Special Master but halted the use of the seized Mar-a-Lago documents by prosecutors until the legal status of these documents is established (The ongoing intelligence security review of classified material can continue).

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Attorney Court Legal Legal 56

JonathanTurley

SEPTEMBER 17, 2022

While legal experts pushed the department to challenge the entire order, the Department is seeking a smaller target. ” Despite a chorus of legal experts claiming that the entire order is legally unfounded and unsupportable, the DOJ is not making those arguments in court. .” The filing states.

Litigating 42

Litigating Government Litigation Court 42

JonathanTurley

JANUARY 19, 2024

The court has indicated that it may hold hearings on the controversy in early February. That could present a possible delay if the court believes that a change in prosecutors (or even a change in venue) is needed in the interests of justice. Below is my column in The Messenger on the unfolding Fani Willis scandal in Georgia.

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Divorce Attorney Legal Legal 75

JonathanTurley

FEBRUARY 5, 2021

Over the last four years, we have seen an alarming trend of law professors and legal experts discarding constitutional and due process commitments to support theories for the prosecution or impeachment of Donald Trump or his family. shall be compelled in any criminal case to be a witness against himself.”

Legal 59

Legal Legal Court Laws 59

JonathanTurley

JUNE 9, 2023

.” The problem, however, is that this is just like the transport of migrants to Martha’s Vineyard in September 2022, which a number of Democratic leaders and legal experts insisted was also a clear case of kidnapping and human trafficking. The reason is that these claims are made for cable news, not courts of law.

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Laws Misdemeanor Attorney Felony 46

JonathanTurley

JANUARY 8, 2023

The United States Court of Appeals for the Fifth Circuit has handed down a major opinion in Cargill v. And if the statute is ambiguous, Congress must cure that ambiguity, not the federal courts. The holding was supported by a rule of lenity that “penal laws are to be construed strictly.” Garland , No.

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Statute Criminal Law Court Government 45

JonathanTurley

AUGUST 25, 2021

Civil and statutory claims can be curtailed by constitutional limitations. Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. This is such a case in my view. In 2002, the U.S. In Ashcroft v. In New York Times v.

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Personal Injury Court Rules Tort Statute 53

JonathanTurley

SEPTEMBER 22, 2022

On Wednesday, the United States Court of Appeals for the Eleventh Circuit narrowed the order of U.S. ” It is a position likely to further alienate both the Special Master and the appellate court, which have already expressed frustration with the lack of support offered for declassification claims. District Judge Aileen M.

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Constitutional Law Reporter

JUNE 3, 2022

Supreme Court. Jackson will replace Justice Stephen Breyer who is set to retire when the Court’s term ends this summer. While Jackson’s confirmation will not shift the balance of the Court, it will make the Court more diverse and more reflective of the country. Jackson is also the Court’s sixth female justice.

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Law School Court Constitutional Law Criminal Law 52

JonathanTurley

DECEMBER 10, 2020

Michael Flynn, which ended (not surprisingly) with one last gratuitous and controversial act from the court. Judge Emmet Sullivan decided to effectively flog Flynn on his way out of his court. It was a chilling statement that left the impression of a court delaying justice to “shop” for new prosecutors. Here is the column: Gen.

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Court Lawyer Lawyers Laws 56

JonathanTurley

DECEMBER 9, 2022

As discussed below, there could be legal as well as political ramifications as the House moves forward with the long-delayed investigation of these social media companies. It is still early to determine possible legal implications of these files, but there are some areas likely to be of immediate concern for counsel.

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Legal Legal Law School Government 57

JonathanTurley

DECEMBER 3, 2023

That eagerness could prove the court’s undoing, however. The New York law is unique in allowing massive penalties without the loss of a single dollar by a bank. However, James wants dissolution and crippling damages, and that could trigger a higher-court review. Supreme Court decided a case, BMW of North America v.

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Punitive Damages Compensatory Damages Real Estate Constitutional Law 70

JonathanTurley

JUNE 3, 2021

Yet, the host of legal experts and media who condemned the use of tear gas and the clearing of the Lafayette park area last year are entirely silent on the disclosures. Her administration insisted in court that the protesters were legitimately teargassed by the metropolitan police to enforce her curfew that night.

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Government Legal Legal Lawyer 87

JonathanTurley

JUNE 24, 2024

With the Trump trial, Manhattan has become a type of legal wilderness where prosecutors use the legal system to hunt down political rivals and thrill their own supporters. This week in the Supreme Court, a glimpse of the legal landscape outside of Manhattan came more sharply into view. It all comes down to the legal map.

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Legal Legal Laws Court 68

JonathanTurley

AUGUST 30, 2023

Not only are defendants scattering, but some are seeking to go to federal court where the trial would not likely be televised, as the Georgia prosecutors reportedly want. Regardless of the ruling of the court, it is likely to be appealed. However, Willis is trying to hold together a case to try them en masse and in state court.

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Attorney Court Calendaring Law School 59

JonathanTurley

APRIL 19, 2021

Moreover, they would fail under a lower standard of proof than the “beyond a reasonable doubt” standard in criminal law. Such a result would eviscerate the claim that Trump was guilty of criminal incitement in his speech. Trump was clearly guilty of criminal incitement. Trump’s Jan. If we don’t, we cannot go away.”.

Criminal Law 62

Criminal Law Laws Law School Legal 62

JonathanTurley

JANUARY 8, 2022

According to the Seattle Times , Inslee declared that “it should not be legal in the state of Washington for elected officials or candidates for office to willfully lie about these election results.” Such a criminal law would be ripe for abuse and would create a chilling effect that would be positively glacial.

Misdemeanor 58

Misdemeanor Criminal Law Laws Court 58

JonathanTurley

JUNE 30, 2023

The defense could come at a cost at trial, but it is a calculated risk for the court of public opinion. The odds are against Trump on ultimately prevailing with that argument in the courts. The bravado defense is likely to play better with the public than a court. Trump repeated that defense this week.

Felony 41

Felony Law School Constitutional Law Laws 41

JonathanTurley

JUNE 30, 2024

Below is my column on the Supreme Court decision on Friday in Fischer v. to reject hundreds of charges in January 6th cases for the obstruction of legal proceedings. The claim is legally absurd but politically advantageous. I have always believed that criminal charges were warranted for the riot of Jan. Bob McDonnell.

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Court Government Court Decisions Legal 85

JonathanTurley

JANUARY 13, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The Court sought to create “breathing space” for the media by articulating that standard that now applies to both public officials and public figures. Obviously, truth remains a defense.

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Tort Court Court Rules Constitutional Law 59

JonathanTurley

OCTOBER 29, 2023

.” There is widespread support for barring attacks on court staff and Trump did attack the Court’s clerk in a prior posting. In my view, criticism of the case, the court, and the prosecutor should be treated as protected speech. Where to draw this line is the subject of this column.

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Attorney Constitutional Law Court Law School 87

JonathanTurley

AUGUST 7, 2024

I have previously written about the false claims made about the Supreme Court’s decision by President Joe Biden, Vice President Kamala Harris and other leading democrats. ” The Trump Decision The Court actually rejected the most extreme positions of both the Trump team and the lower courts. .”

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