SCOTUSBlog
NOVEMBER 2, 2022
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.
Constitutional Law Reporter
DECEMBER 16, 2022
The post Supreme Court to Clarify What Constitutes Identity Theft appeared first on Constitutional Law Reporter. Oral arguments have not yet been scheduled, but a decision is expected before the term ends in June 2023.
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SCOTUSBlog
OCTOBER 28, 2022
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. Here is the background: 18 U.S.C. §
Constitutional Law Reporter
JUNE 29, 2021
Although Van Buren used his own, valid credentials to perform the search, his conduct violated a department policy against obtaining database information for non-law-enforcement purposes. The post SCOTUS Adopts Narrow Interpretation of Computer Fraud Act appeared first on Constitutional Law Reporter.
JonathanTurley
NOVEMBER 14, 2021
However, the most damaging moment came outside of the presence of the jury when the judge drilled down on the law. He told the prosecutors “I have been wrestling with this statute with, I’d hate to count the hours I’ve put into it, I’m still trying to figure out what it says, what’s prohibited. I have a legal education.”
JonathanTurley
JUNE 7, 2023
It also is an appeal that would be made by the United States over the invalidation of a federal statute. Rickey Kanter was convicted of one count of felony mail fraud for defrauding Medicare in connection with therapeutic shoe inserts. There is now a split among the circuits and this is a well-argued en banc decision.
JonathanTurley
FEBRUARY 4, 2023
922(g)(8), a specific statute that does so, is constitutional under the Second Amendment of the United States Constitution.” In that opinion, the appellate court was dealing with the removal of guns from a person convicted of one count of felony mail fraud for defrauding Medicare in connection with therapeutic shoe inserts.
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