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US Supreme Court rules reckless offenses do not qualify as ‘violent felony’

JURIST

The Supreme Court reversed that judgment and remanded the case. Justice Elena Kagan, joined by Justices Stephen Breyer, Sonia Sotomayor and Neil Gorsuch, wrote the opinion of the court, concluding that any offense with a mens rea or mental state of recklessness does not qualify as a violent felony under the ACCA.

Felony 161
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Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act

SCOTUSBlog

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.

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“Without any Doubt, Beyond a Reasonable Doubt, Beyond any Doubt”: Tribe Declares Trump Committed Attempted Murder

JonathanTurley

Even then, it can be difficult since attempted murder requires proof that the defendant “must have taken a substantial step towards that crime, and must also have had the requisite mens rea.” Indeed, such a claim would contradict controlling Supreme Court precedent. ” Braxton v. United States , 500 U.S.

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A Case of Hope Over Experience: The J6 Referral Falls Short of a Credible Criminal Case

JonathanTurley

That is a far cry from evidence showing mens rea — “guilty mind.” Building a criminal case on the failure to act to stop the violence is a notoriously difficult case to make. That speech appears protected by the First Amendment and existing Supreme Court precedent. At 4:17 p.m., In Brandenburg v.