JURIST

JUNE 12, 2021

The US Supreme Court on Thursday overturned a ruling by the US Court of Appeals for the Sixth Circuit that “reckless” crimes qualify as violent felonies for purposes of the Armed Career Criminal Act (ACCA). ” Petitioner Charles Borden Jr. ” Petitioner Charles Borden Jr.

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Felony Mens Rea Court Rules Court 161

JonathanTurley

APRIL 21, 2021

The incident has strikingly similar legal issues to the shooting of Adam Toledo in Chicago. Garner addressed a fleeing unarmed suspects and found the state statute too broad: The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable.

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Felony Statute Court Rules Court 47

JonathanTurley

NOVEMBER 14, 2021

I have a legal education.” 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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Statute Misdemeanor Criminal Law Felony 59

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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Felony Laws Court Attorney 40

JonathanTurley

JUNE 17, 2022

There is also no compelling legal basis for the claim. ” ) In other words, the natural and probable consequences doctrine may apply to felony murder, but it is not properly applied to attempted murder. Indeed, such a claim would contradict controlling Supreme Court precedent. ” I guess there is no doubt.

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Mens Rea Law School Laws Felony 45

SCOTUSBlog

JANUARY 26, 2022

The Supreme Court, in an opinion by Chief Justice John Roberts, unanimously rejected that position and held that the ministerial exception applied. The other cases Kruger argued touched on a wide range of issues, from the Sixth Amendment’s confrontation clause and right to counsel to federal “career criminal” laws and federal benefits laws.

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Court Laws Lawyer Lawyers 113

JonathanTurley

DECEMBER 20, 2022

There is justifiable anger over these accounts but this hearing was billed as presenting the case for criminal charged. Of course, to raise obvious legal barriers to prosecution today is to invite an Internet flash mob accusing you for being an insurrectionist or fellow traveler. It missed that mark by a considerable measure.

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Mens Rea Felony Drafting Court Rules 59