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In habeas case, the liberal justices try to untangle a complex statute

SCOTUSBlog

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Under Section 2255(h), a prisoner can bring a second or successive petition based only on facts that clearly demonstrate actual innocence or a new rule of constitutional law that the Supreme Court has made retroactive.

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Supreme Court to Clarify What Constitutes Identity Theft

Constitutional Law Reporter

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. The appeals court found that the “plain meaning” of the word “use” is “to employ for the accomplishment of some purpose” or “ ‘to avail oneself of,” (quoting Black’s Law Dictionary 1776 (10th ed. Facts of the Case.

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On the narrow road to challenge a federal conviction, when is a vehicle “inadequate”?

SCOTUSBlog

922(g) prohibits people with felony convictions from possessing a firearm. United States that to be convicted under the felon-in-possession statute, the government has to prove not only that the defendant knowingly possessed a gun, but that he knew he was prohibited from doing so. But the problem is the law, not the car.

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Locked and Loaded: Third Circuit Declares Federal Gun Law Unconstitutional Over Ex-Felon Rights

JonathanTurley

At issue was the federal “felon-in-possession” law—18 U.S.C. § The federal law makes it “unlawful for any person. When his wife recently bought him a deer-hunting rifle, he learned that he was barred under federal law. It also is an appeal that would be made by the United States over the invalidation of a federal statute.

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SCOTUS Adopts Narrow Interpretation of Computer Fraud Act

Constitutional Law Reporter

Former Georgia police sergeant Nathan Van Buren used his patrol-car computer to access a law enforcement database to retrieve information about a particular license plate number in exchange for money. The post SCOTUS Adopts Narrow Interpretation of Computer Fraud Act appeared first on Constitutional Law Reporter.

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Was Rittenhouse’s Possession of the AR-15 Unlawful?

JonathanTurley

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. It is also hard to instruct a jury on an ambiguous statute.

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Bruen 2.0? Fifth Circuit Rules Against Biden Administration on Barring Gun Possession in Domestic Violence Case

JonathanTurley

922(g)(8), a specific statute that does so, is constitutional under the Second Amendment of the United States Constitution.” Under the Government’s reading, Congress could remove “unordinary” or “irresponsible” or “non-law abiding” people—however expediently defined—from the scope of the Second Amendment. Heller, 554 U.S.

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