JURIST

MARCH 29, 2021

The California Supreme Court ruled Thursday that keeping people in jail based solely on their inability to post bail is unconstitutional. The purpose of bail is to protect the public interest and to assure that those who are released from jail will return to court.

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JURIST

APRIL 9, 2024

This law was part of the Howell Code , a comprehensive set of laws enacted by the territory’s First Legislative Assembly, encompassing procedural regulations and establishing criminal laws ranging from bigamy to duels to mayhem. The 2022 ruling Dobbs v.

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JonathanTurley

JULY 7, 2021

The National Instant Criminal Background Check System (NICS) showed Kelley as eligible to buy such firearms despite his 2012 conviction by a general court martial of domestic assault on his wife and child. The court ruled that. That should have made him ineligible.

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JURIST

OCTOBER 24, 2021

The Court on Friday concluded that email services are different from conventional telecommunication providers in Switzerland, and thus, should not be subject to the same kinds of data storage requirements.

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JURIST

NOVEMBER 8, 2022

This deviation from the standard 12-person jury was permitted by the 1970 US Supreme Court ruling in Williams v. Justices Gorsuch and Kavanaugh dissented to the court’s denial.

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Felony Court Court Rules Criminal Law 249

JURIST

NOVEMBER 3, 2023

The post Canada Supreme Court rules mandatory minimum sentencing for child luring unconstitutional appeared first on JURIST - News. She iterated that Parliament has the autonomy to prioritise denunciation and deterrence, as long as it does not completely exclude rehabilitation.

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Court Rules Court Constitutional Law Criminal Law 260

JURIST

APRIL 23, 2021

.” In January, a different panel of judges at the same court excluded the application of the principle where crimes against humanity and war crimes are concerned, and ordered the Japanese government to award about $90,000 each to the 12 plaintiffs in that suit.

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JURIST

APRIL 25, 2022

” The Pennsylvania Supreme Court ruled that the such a statutory scheme constitutes “compelled submission to general jurisdiction by legislative command” and violates the Constitution. Mallory appealed to the Supreme Court for review.

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Statute Court Court Rules Criminal Law 196

JURIST

APRIL 5, 2022

Dwyer appealed to the Irish Court of Appeal and argued that traffic and location data of his phone calls were improperly admitted as evidence at trial. Dwyer separately initiated a civil action in Ireland’s High Court challenging a 2011 Irish data law on the basis that it violated EU law.

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Data Management Court Court Rules Laws 104

JURIST

JANUARY 28, 2021

The criminal code previously criminalized women who had abortions, either performed by others or by the women themselves, with penalties of up to three years in prison and a 6,000 Baht fine.

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Court Rules Government Legal Legal 80

SCOTUSBlog

APRIL 29, 2022

In overturning the death sentence, the Supreme Court ruled that the Sixth Amendment guarantees a defendant the right to choose the objective of his defense and to insist that his counsel refrain from admitting guilt. After McCoy , Tyler unsuccessfully sought relief in Louisiana state courts. In Tyler v.

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JURIST

JUNE 28, 2022

Ultimately, the Michigan Supreme Court found that if a court uses a one-man grand jury, the defendant is entitled to a preliminary examination, and that a judge may not issue an indictment authorizing criminal charges. The cases were remanded to the state district court.

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Court Rules Court Statute Laws 197

Conflict of Laws

JUNE 17, 2022

The Court ruled that since neither panel was conferred governmental authority, § 1782 discovery would be inappropriate in both instances. Justice Barrett, writing for a unanimous Court, adopted a textual approach to the question.

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Statute Court Criminal Law Court Rules 52

SCOTUSBlog

JUNE 28, 2022

The opinion is a victory for physicians prescribing innovative treatments that they believe serve legitimate medical purposes, and it should assuage concerns about a ruling that could have chilled more doctors from prescribing needed pain treatments. The case, Ruan v.

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JonathanTurley

NOVEMBER 14, 2021

Criminal laws are supposed to be interpreted narrowly. It is called the “rule of lenity” and has been around in the English system for centuries. For example, in 1547, the court was faced with a law making it a felony of steal “Horses, Geldings or Mares.”

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SCOTUSBlog

MAY 23, 2022

Although the Supreme Court’s 2012 decision in Martinez v. Ryan permitted defendants to raise such claims for the first time in federal court, on Monday the court ruled 6-3 that they cannot develop evidence to support those claims.

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Conflict of Laws

FEBRUARY 13, 2024

The Lafarge case highlights the stakes of transnational criminal law and its interplay with private international law. Interactions between criminal jurisdiction and conflict of laws. A flexible interpretation including foreign law would lead to a (too) broad extension of French courts’ criminal jurisdiction.

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Litigation Litigating Court Rules Laws 73

JonathanTurley

MARCH 6, 2023

The court ruled that “mere epithets” directed at a law enforcement officer are not exempt from First Amendment protections as fighting words. The Supreme Court has routinely ruled that the First Amendment protects profanity. In 1971, the Court ruled in Cohen v. California , 403 U.S.

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Court Rules Court Drafting Laws 32

SCOTUSBlog

FEBRUARY 24, 2022

Justice Sonia Sotomayor asked Kimberly if there was an “easy fix” for the tribe and the federal government to avoid double jeopardy problems in future cases in the event that the Supreme Court rules in favor of Denezpi. Kimberly responded that there are two easy fixes, both of which, he asserted, respect tribal sovereignty.

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Government Court Laws Attorney 72

Paralegal Bootcamp

NOVEMBER 28, 2023

Criminal law is a big thing. What I’m hearing from a compliance perspective is this would be similar to a paralegal role where you’re constantly looking up what’s the court rule or how can we follow it to the letter? The biggest thing with compliance is what is the intent of the law. Yes and no.

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Paralegal Paralegals Personal Injury Healthcare 227

MyCase

AUGUST 1, 2022

This is particularly helpful for law firms in practice areas with a high volume of client appointments and court appearances, such as criminal law and family law. . For example, you’re covered if you and your team members schedule dozens of client appointments and numerous court appearances every month.

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Law Firm Law Firms Lawyer Lawyers 52

Conflict of Laws

MARCH 30, 2021

At first instance, the Singapore High Court ruled against all three defendants. Joseph did not appeal, but Jonathan and Derek did, arguing, inter alia , that Foster barred Lyu’s non-contractual claims against them because Chinese law prohibited their transaction.

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Laws Contract Tort Government 52

JonathanTurley

APRIL 21, 2021

Connor , the court held that the question of whether an officer used excessive force “requires careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting (..)

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Felony Statute Court Rules Court 47

JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts.

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JonathanTurley

MAY 12, 2021

.” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent. This includes Virginia state court rulings that the statute must be confined to speech that has “a direct tendency to cause acts of violence by the person to whom, individually, [the language is] addressed.”

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Statute Misdemeanor Court Rules Court 41

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. In torts, there is no duty to rescue rule. That was the holding in the famous ruling in Yania v.

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The Crime Report

JUNE 11, 2021

The Supreme Court ruled Thursday that prior convictions for crimes of reckless violence aren’t sufficient to trigger additional years of imprisonment for felons convicted of gun possession, reports the Wall Street Journal. Lower courts rejected his argument, and he was sentenced under the career-criminal law.

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Criminal Law Court Rules Court Laws 111

JonathanTurley

NOVEMBER 21, 2021

The court ruled that Georgia’s prior citizen’s arrest law is only applicable if a person sees a felony committed and acts without delay. The ruling could be “outcome determinative” in the case by stripping away the core defense that these men were chasing a person suspected of a series of crimes over the last year.

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JonathanTurley

MARCH 10, 2021

In this case, the court ruled that that burden was not satisfied. The court distinguished between the duty to the mother as opposed to the girlfriend: Here, it is uncontroverted that Loyd never actually communicated to Benton that he intended to harm Melissa. ” Rodriguez v. Catholic Health Initiatives , 297 Neb.

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Court Tort Statute Laws 31

JonathanTurley

JUNE 16, 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.

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SquirePattonBoggs

MARCH 11, 2024

That case arose in the crosshairs of a complex and changing area of criminal law. The Supreme Court had granted review of a case, Beckles v. The Sixth Circuit sent Embry down “to the district court, to be held in abeyance pending the Supreme Court’s decision in Beckles.” Laufer case free from mootness.

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Court Criminal Law Court Rules Litigation 69

Conflict of Laws

AUGUST 3, 2023

22 CSDDD by means of universal civil jurisdiction for human rights violations, which could be developed analogously to universal jurisdiction under criminal law, appears similarly unpromising; it would also go further than necessary. The proposal to enforce claims under Art.

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SCOTUSBlog

JANUARY 14, 2022

The court turned him down, but Justice Samuel Alito penned a statement regarding that denial that was joined by Justices Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh. Alito wrote that Kennedy’s free-speech claim raised important issues, and he suggested the case may warrant review in the future. A panel of the U.S.

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Court Criminal Law Education Laws 115

JonathanTurley

MAY 3, 2021

Fitzgerald , the Supreme Court ruled that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”. In 1982, in Harlow v.

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The Crime Report

DECEMBER 15, 2021

This assessment was confirmed by J.Pete Blair, who reviewed over 100 false confession cases in his study “A Test of the Unusual False Confession Perspective: Using Cases of Proven False Confessions” ( Criminal Law Bulletin Vol. In 1969 the Supreme Court ruled in Frazier v. 1, Number 2).

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Lawyer Lawyers Court Attorney 126

JonathanTurley

AUGUST 16, 2023

He was convicted of the lawful possession of a firearm due to his drug use and sentenced to four years in prison. The Fifth Circuit recently reversed the trial court, ruling that the federal statute conflicts with the Second Amendment. Daniels was found with a handgun and found to be a regular user of marijuana.

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Statute Court Rules Attorney Court 42

JonathanTurley

JULY 24, 2021

While the government can encourage criminal conspirators, the courts ask whether the offense was induced by a government agent and whether “the defendant was disposed to commit the criminal act prior to first being approached by Government agents.” Writing for the 5-4 majority, Justice Bryon White ruled that.

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