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‘Cataclysmic’ decision striking down strict liability drug law puts past convictions at risk in this state

ABA Journal

Years of convictions could be at risk following a Washington Supreme Court decision that struck down the state’s felony drug possession law. The state supreme…

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North Carolina State Court of Appeals Weighs Power of Constitutional Protection Against Double Jeopardy

The Crime Report

Tripp spent a decade behind bars after taking an Alford Plea ; a jury convicted Noffsinger of three counts of felony child abuse, giving her three consecutive sentences of 31 to 47 months in prison. State courts have taken up this issue before. Supreme Court case, Diaz v. But there’s an exception stemming from another U.S.

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Supreme Court hears arguments in firearms possession cases

JURIST

The Supreme Court on Tuesday heard oral arguments in two cases involving one of its own precedents regarding felony firearms possession. “Failing to advise a defendant of the complete charge against him necessarily deprives him of the ability to make that grave choice knowingly and intelligently,” Fisher told the Court.

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Double jeopardy claim after inconsistent acquittal comes before the court

SCOTUSBlog

At the same time, the jury found McElrath guilty but mentally ill on charges of felony murder (for felonies that result in a death, even if the defendant did not actually kill anyone) and aggravated assault. Period, full stop.

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This time doing a harmless-error analysis itself, Supreme Court vacates murder conviction because of prejudicial instruction

At the Lectern

In In re Ferrell , the Supreme Court today grants habeas corpus relief to a petitioner convicted of second degree murder because an error in permitting the conviction to be based on an invalid felony-murder theory was not harmless. Today, the court does the evaluation itself. Offley (2020) 48 Cal.App.5th

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Court Rulings Prod Expansion of Gun Rights Across U.S. 

The Crime Report

.” Recent rulings in lower courts across the country have mirrored Thomas’s guidance to stay consistent with how states have historically regulated gun ownership, striking down gun restrictions involving young adults, people facing felony charges, and makers of homemade guns.

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Supreme Court won’t get involved at early stage of case involving recent reproductive rights legislation

At the Lectern

The Fifth District unpublished Mancilla opinion , which filed before Schuller was decided, used a lesser standard of review, relying in part on one of the now-overruled Supreme Court decisions. There were eight criminal case grant-and-holds : three more waiting for a decision in People v. Criminal case grant-and-holds.

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