JURIST

MARCH 26, 2023

Chief Judge Frances Tydingco-Gatewood of the District Court of Guam ruled that the original permanent injunction from 1990, which blocked Public Law No. The court concluded that Moylan did not meet his burden under Federal Rule of Civil Procedure 60(b)(5) to warrant lifting the injunction. Public Law No.

Statute 197

Statute Misdemeanor Felony Court Rules 197

The Crime Report

JULY 27, 2022

Tens of thousands of people serving punishments for felony convictions in North Carolina but who aren’t behind bars can now register to vote and cast ballots following an appeals court ruling, reports the Associated Press. The law was struck down in March. There are more than 7.3

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Felony Court Rules Litigation Litigating 95

JURIST

MAY 20, 2022

A Michigan judge Tuesday blocked the enforcement of a 1931 state law which would ban abortions in the event Roe v. The ruling was met with praise from the Michigan governor. is a Michigan law enacted in 1931 which made all abortions a felony unless it was necessary to save the mother’s life. After the ruling on Roe v.

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Felony Court Rules Court Laws 197

JURIST

APRIL 6, 2023

The survivors and families of the victims joined in a lawsuit against the US government, alleging negligence under the Brady Handgun Violence Prevention Act due to the government’s failure to prevent Kelley from purchasing a firearm despite his prior felony convictions.

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Felony Government Court Rules Litigation 223

SCOTUSBlog

JUNE 28, 2022

Share This article is part of a symposium on the court’s decision in Dobbs v. Sherif Girgis is an associate professor of law at Notre Dame Law School. And to what will it bind lower courts? That pre-“quickening” abortions weren’t common-law crimes. Jackson Women’s Health Organization. What support?

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Laws Felony Statute Legal 142

JURIST

JUNE 13, 2023

Meetra Mehdizadeh, Staff Attorney at the Center for Reproductive Rights, raised concerns over the ban’s potential negative impacts, saying: This extreme law does nothing to protect people’s health. We have seen how these laws have wreaked havoc on people’s lives across the country, and are urging the court to put a stop to these harms.

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Healthcare Felony Court Rules Court 104

The Crime Report

SEPTEMBER 22, 2022

People with felony or violent misdemeanor convictions, restraining orders, or serious mental illness are all included on the list. A new Office of Gun Violence Prevention in California will reduce gun violence by keeping guns away from “dangerous individuals” and promoting research and data collection, the Washington Post reports.

Misdemeanor 52

Misdemeanor Felony Court Rules Court 52

SCOTUSBlog

MAY 24, 2021

Palomar-Santiago , involved Refugio Palomar-Santiago, a Mexican citizen who became a lawful permanent resident – that is, a green card holder – in 1990. Eight years later, an immigration judge found that his California conviction for driving under the influence was an aggravated felony under the federal immigration laws.

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Court Felony Immigration Statute 134

At the Lectern

JUNE 17, 2021

The court ruled similarly last year in People v. ” The change in the law in Esquivel is Senate Bill 136 , which, in 2019, restricted what had been a generally applicable enhancement for prior felony prison and jail terms to one that is now imposed only for those prior terms served for sexually violent offenses.

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Court Laws Felony Statute 49

At the Lectern

JUNE 26, 2023

Prudholme , the Supreme Court today holds that legislation reducing maximum probation terms applies retroactively and, when so applied, doesn’t jeopardize a plea agreement reached under the harsher superseded law. In People v. Stamps (2020) 9 Cal.5th

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Statute Court Rules Court Felony 40

JURIST

JULY 27, 2022

A South Carolina judge Tuesday declined to overturn the state’s Fetal Heartbeat Law , which bans abortions after six weeks. The judge also granted the state’s request to send the case directly to the South Carolina Supreme Court. The challenge will now head to the state Supreme Court. Wade and Planned Parenthood v.

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Court Felony Law Firm Law Firms 104

SCOTUSBlog

JUNE 24, 2021

United States , the Supreme Court analyzed the Armed Career Criminal Act ’s force clause or elements clause. Under the ACCA, a person who has three violent felony convictions and is then convicted of possessing a firearm faces a mandatory minimum sentence of 15 years. The case came to the court after Charles Borden Jr.

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Mens Rea Felony Statute Misdemeanor 64

JURIST

APRIL 28, 2021

The US Supreme Court on Tuesday heard oral arguments in HollyFrontier Cheyenne Refining, LLC v Renewable Fuels Association , a case regarding exemptions for small refineries from the Renewable Fuel Standards Program, and United States v Palomar-Santiago , which involves immigration law and noncitizen re-entry.

Court 104

Court Felony Immigration Court Rules 104

At the Lectern

MAY 31, 2023

For the second time in eight days, the Ninth Circuit has vacated a death sentence that had been affirmed by the California Supreme Court despite a standard of review that is highly deferential to state court rulings. The petitioner, Colin Dickey, was convicted under a felony-murder theory for aiding and abetting the two murders.

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Felony Court Rules Court Laws 45

SCOTUSBlog

OCTOBER 28, 2022

The federal government – which prosecuted Jones – says the 8th Circuit got the reasoning wrong but the outcome right: It urges the Supreme Court to correct the lower court’s error but deny Jones relief. 922(g) prohibits people with felony convictions from possessing a firearm. In 2019, the court ruled in Rehaif v.

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Felony Statute Government Court 94

JURIST

FEBRUARY 26, 2021

The US Supreme Court ruled Thursday that a Michigan college student is unable to proceed with a Federal Tort Claims Act (FTCA) lawsuit against two federal officers who tackled him after mistaking him for a fugitive in 2014. ” The case now returns to the Sixth Circuit for further consideration on this issue.

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Court Rules Tort Court Felony 206

JURIST

JUNE 24, 2023

The US Supreme Court ruled Friday in US v. The crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. .” The US District Court Southern District of Texas ruled in favor of the states, enjoining Homeland Security from enforcing the memorandum. .”

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Immigration Court Rules Court Statute 211

At the Lectern

APRIL 22, 2021

Jaimes , but it granted the Attorney General’s request to depublish the Fifth District’s divided, partially published opinion that held the superior court erroneously responded to a jury question about the meaning of a charged sentence enhancement for a person “convicted of a felony committed. Renteria , below.).

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Court Felony Court Rules Litigation 49

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 39

JonathanTurley

APRIL 21, 2021

Garner and other case law. 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. It is not better that all felony suspects die than that they escape.

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Felony Statute Court Rules Court 47

JURIST

JULY 10, 2023

The US Court of Appeals for the District of Columbia Circuit on Friday upheld a law that combats online child sex trafficking called the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA). The case is an appeal from the US District Court for the District of Columbia. Circuit Judge Patricia A.

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Laws Court Felony Court Rules 287

SCOTUSBlog

JANUARY 15, 2021

The decision further indicated that longstanding firearms bans for felons were “presumptively lawful.” Lisa Folajtar is barred because of a felony conviction for willfully making a materially false statement on her tax returns. Heller held that the Second Amendment protects an individual’s right to possess firearms at home. Holloway v.

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Misdemeanor Court Felony Government 117

SCOTUSBlog

OCTOBER 26, 2022

Judge Priscilla Richman wrote separately to say that although “there is undeniably a split among circuit courts” on this issue, Dubin’s actions came within the statute’s literal prohibition against “us[ing], without lawful authority, a means of identification of another person.”. 14 conferences). Khorrami v. Arizona , 21-1553.

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Statute Construction Court Felony 122

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.

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Statute Misdemeanor Criminal Law Felony 59

The Crime Report

OCTOBER 6, 2021

Of the 1,385,258 people in prison for felony convictions in 2019, it is estimated one to five percent—or between 13,853 and 69,263 people—at the end of 2019 were in prison for crimes they did not commit. Mary’s University School of Law. The percentage of people exonerated for crimes they did not commit in 2019 barely exceeds 0.01

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Government Attorney Legal Legal 124

SCOTUSBlog

OCTOBER 13, 2022

Fitisemanu and the Tulis argue that the 14th Amendment, adopted after the Civil War, embraced the founding-era common-law understanding of birthright citizenship. Issue : Whether the Sixth and 14th Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony. territories. 28 and Oct.

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Tort Construction Court Felony 101

SCOTUSBlog

JUNE 24, 2023

Share Federal immigration law requires the deportation of noncitizens who are convicted of an aggravated felony, which includes offenses “relating to obstruction of justice.” By a vote of 6-3, the Supreme Court ruled on Thursday in Pugin v. Such “redundancies are common in statutory drafting,” Kavanaugh wrote.

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Felony Statute Immigration Court 100

SCOTUSBlog

MARCH 30, 2022

Ross , involving a dormant commerce clause challenge to a California law prohibiting the sale of pork unless the pigs from which it was made (virtually all of which come from outside the state) were raised consistent with the state’s restrictive standards. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus.

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Stare Decisis Court Felony Statute 98

SCOTUSBlog

APRIL 20, 2022

Instead, the Georgia Supreme Court upheld “general jurisdiction” over Cooper on the ground that Cooper, by registering as a foreign corporation in Georgia, had consented to suit in Georgia as a condition of doing business in the state. Court of Appeals for the 10th Circuit affirmed. Next up is Kelly v. Animal Legal Defense Fund.

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Statute Stare Decisis Court Manufacturing 105

JURIST

DECEMBER 27, 2023

Burke dismissed the government’s motion without prejudice, noting that a stay may be appropriate if the Eleventh Circuit or Supreme Court take up these cases. This case had already made its way up to the Eleventh Circuit when the court ruled that the ban could go into effect.

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Laws Sports Felony Government 118

SCOTUSBlog

NOVEMBER 2, 2022

Amgen argues that the Supreme Court has held that whether a patent satisfies the “enablement” requirement is a jury question, and argues that the U.S. Court of Appeals for the Federal Circuit has deviated from that by holding that enablement is a question of law that courts review without deference. 28 conference).

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Government Construction Court Statute 104

The Crime Report

JANUARY 6, 2023

side without going through a designated port of entry, that same action becomes a misdemeanor or even a felony , depending on the circumstances. . Just like jaywalking across the street, prosecutions for walking across the border also disproportionately impact people of color and result in lethal confrontations with law enforcement. .

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Immigration Laws Misdemeanor Government 114

The Crime Report

SEPTEMBER 22, 2021

Whether they were convicted of serious felonies or misdemeanors, registrants must check in with their sheriff’s office and pay $20 every three months. Missing check-ins or falling behind $40 on fees for more than two weeks is a felony. People convicted of drug, violent or sex crimes must register on the list.

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Felony Misdemeanor Court Court Rules 142

The Crime Report

MARCH 8, 2022

The ruling in Wooden v the United States sparked a debate over the specific language of the law and how it applies to multiple crimes committed all at once, reports the New York Times.

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Court Rules Court Felony Laws 111

JURIST

JANUARY 26, 2024

“ The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting States, including immigration laws on the books right now ,” Governor Abbott’s statement reads.

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Immigration Felony Statute Court Rules 245

At the Lectern

OCTOBER 14, 2022

5th 1169 concerning 2021’s Assembly Bill 333 (see here ), but the opinion declined to resolve a split in Court of Appeal authority whether one part of the new law — Penal Code section 1109 , which requires an enhancement charge to be tried only after a jury finds the defendant guilty of the underlying offense — is retroactive.

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Court Prima Facie Case Statute Attorney 60

The Crime Report

JUNE 22, 2022

The landmark 5-4 ruling also concluded that the Kansas law governing the practice did not constitute double jeopardy since it merely authorized “civil” rather than “criminal” commitments. Between 1999 and 2015, Texas Health and Safety Code §made minor program rules violations a felony offense.

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Court Rules Court Depositions Felony 137