JURIST

JUNE 12, 2021

One of the three violent felonies the government alleged as a predicate to the ACCA charge was for reckless aggravated assault under Tennessee law. He wrote instead that the phrase is “a centuries-old term of art in the criminal law that distinguishes offenses against the person from offenses against property.”

Felony 161

Felony Mens Rea Court Rules Court 161

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.

Court Rules 80

Court Rules Court Legal Legal 80

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.

Court Rules 46

Court Rules Punitive Damages Court Government 46

Conflict of Laws

MARCH 30, 2021

Since Foster v Driscoll [1929] 1 KB 470, common law courts have recognised that contracts made with the intention to commit a criminal offence in a foreign state are unenforceable, even if the contract contemplated an alternative mode or place of performance.

Laws 52

Laws Contract Tort Government 52

MyCase

AUGUST 1, 2022

Time Management Software for Law Firms . Capturing hours that previously went unbilled is among the greatest benefits of time management software for law firms. Time-consuming invoice creation is one of the biggest challenges facing law firms. As per our research, 52% of law firm respondents struggle with it.

Law Firm 52

Law Firm Law Firms Lawyer Lawyers 52

JURIST

APRIL 23, 2021

The court, presided by Judge Min Seong-cheol, ruled that the Japanese government enjoys sovereign immunity under customary international law, by which principle it is exempt from the jurisdiction of courts in other countries. It stated that seizing the assets could amount to a violation of international law.

Court 212

Court Government Court Rules Legal 212

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.

Government 197

Government Data Management Technology Court Rules 197

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.

Felony 249

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.

Court Rules 260

Court Rules Court Constitutional Law Criminal Law 260

JURIST

APRIL 5, 2022

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. The High Court ruled for Dwyer, and prosecutors appealed to the Irish Supreme Court. The Irish Supreme Court then referred the question to the Court of Justice.

Data Management 104

Data Management Court Court Rules Laws 104

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.

Statute 196

Statute Court Court Rules Criminal Law 196

Conflict of Laws

FEBRUARY 13, 2024

Written by Hadrien Pauchard (assistant researcher at Sciences Po Law School) In the Lafarge case (Cass. The decision addresses several key aspects of private international law in transnational criminal lawsuits and labour law.

Litigation 73

Litigation Litigating Court Rules Laws 73

Paralegal Bootcamp

NOVEMBER 28, 2023

If you’re a paralegal and you’ve asked yourself, where do I want to take my career from here or if you’ve ever questioned if the skills that you’re obtaining as a paralegal working in a law firm could eventually transfer to a career that’s outside the typical law firm this interview will give you great insights.

Paralegal 227

Paralegal Paralegals Personal Injury Healthcare 227

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.

Lawyer 76

Lawyer Lawyers Court Court Rules 76

JonathanTurley

NOVEMBER 14, 2021

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. Criminal laws are supposed to be interpreted narrowly.

Statute 58

Statute Misdemeanor Criminal Law Felony 58

Conflict of Laws

JUNE 17, 2022

This is a guest post by Izaak Weaver-Herrera, JD student at the University of Pittsburgh School of Law. Supreme Court held that § 1782 discovery may be ordered only if the assembled “foreign or international tribunal” is a body which has been conferred governmental or intergovernmental authority.

Statute 52

Statute Court Criminal Law Court Rules 52

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.

Court Rules 80

Court Rules Government Legal Legal 80

JURIST

JUNE 28, 2022

.” The law allows a single judge to consider evidence in private chambers and issue an indictment authorizing criminal charges. The cases were remanded to the state district court.

Court Rules 197

Court Rules Court Statute Laws 197

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. Referencing a “a longstanding presumption, traceable.

Mens Rea 94

Mens Rea Government Criminal Law Court 94

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.

Court Rules 32

Court Rules Court Drafting Laws 32

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.

Court 145

Court Statute Lawyer Lawyers 145

SCOTUSBlog

FEBRUARY 24, 2022

Michael Kimberly, arguing for Denezpi, opened by stating that the law-making and law-enforcing aspects of sovereignty are equally important to determining whether expressions of sovereign power are separate. Kimberly responded that those issues might arise in future cases but are not before the court in Denezpi.

Government 72

Government Court Laws Attorney 72

JonathanTurley

OCTOBER 19, 2021

Generally there is no duty to rescue or to call police under the common law. The law covers violent crimes, sexual assault, and assault of a child. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. In torts, there is no duty to rescue rule.

Tort 43

Tort Misdemeanor Legal Legal 43

Conflict of Laws

AUGUST 3, 2023

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. It not only introduces corporate responsibility for human rights violations and environmental damage – as already found in some national laws (e.g. 22 (5) CSDDD.

Drafting 52

Drafting Diligence Procedural Law Court 52

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.

Felony 39

Felony Laws Court Attorney 39

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. Craigslist, Inc. ,

Tort 34

Tort Court Compensatory Damages Punitive Damages 34

JonathanTurley

APRIL 21, 2021

Garner and other case law. The parents of Bryant insist that she dropped the knife just before being shot, the same situation raised in the Toledo shooting. The videotape does appear to satisfy the standard for the use of lethal force under Tennessee v. Police told local media that, at 4:32 p.m.,

Felony 46

Felony Statute Court Rules Court 46

JonathanTurley

MAY 12, 2021

.” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” ” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent.

Statute 41

Statute Misdemeanor Court Rules Court 41

JonathanTurley

MARCH 10, 2021

However, some states have passed laws limiting its impact. In Nebraska, the state supreme court previously ruled in Munstermann v. and shall be discharged by the psychiatrist if reasonable efforts are made to communicate the threat to the victim or victims and to a law enforcement agency. Alegent Health, 271 Neb.

Court 31

Court Tort Statute Laws 31

JonathanTurley

JUNE 16, 2021

The use of force in such a circumstance is justified under Indiana Code 35-41-3-3(b): A law enforcement officer is justified in using reasonable force if the officer reasonably believes that the force is necessary to effect a lawful arrest. ?However, Mercer then returned fire and killed him.

Tort 44

Tort Court Felony Laws 44

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.

Criminal Law 111

Criminal Law Court Rules Court Laws 111

SquirePattonBoggs

MARCH 11, 2024

In so many words, the circuit courts can certify to the Supreme Court “a question or proposition of law on which it seeks instruction,” thus inviting the Court to resolve the discrete issue or simply grant certiorari before judgment. That case arose in the crosshairs of a complex and changing area of criminal law.

Court 69

Court Criminal Law Court Rules Litigation 69

SCOTUSBlog

JANUARY 14, 2022

Instead, he filed a lawsuit in federal district court, arguing that the school district had violated his First Amendment rights and federal civil rights laws. Kennedy came to the Supreme Court in 2018 seeking to get his job back while litigation continued. A panel of the U.S.

Court 115

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.

Government 54

Government Court Rules Court Education 54

The Crime Report

DECEMBER 15, 2021

As pointed out by Deborah Davis and Richard Leo, in a 2012 article for the New England Law Review , “Many, and perhaps most, of the interrogations in the (DNA exoneration) cases…. The court found that these “baby killer” statements were threats of physical violence that case law has reasonably found to be indicative of improper coercion.

Lawyer 126

Lawyer Lawyers Court Attorney 126

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.

Government 56

Government Court Laws Court Rules 56

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.

Statute 42

Statute Court Rules Attorney Court 42