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). The Supreme Court reversed that judgment and remanded the case.

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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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Court Rules Court Legal Legal 80

JURIST

NOVEMBER 8, 2022

The United States Supreme Court Monday denied the appeal of Ramin Khorrami, an Arizona man who was convicted of fraud before an eight-member jury. 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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JURIST

APRIL 25, 2022

The US Supreme Court Monday granted certiorari to two cases, Reed v. In Reed , petitioner Rodney Reed asked the court to decide when “the statute of limitations begins to run for an action under 42 U.S.C. Mallory appealed to the Supreme Court for review. Goertz and Mallory v.

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Statute Court Court Rules Criminal Law 196

JURIST

APRIL 23, 2021

The Seoul Central District Court on Wednesday dismissed a suit for compensation brought by South Korean women forced to work in “comfort stations”—brothels operated by the Japanese military before and during World War II—and families of the deceased victims. The 20 plaintiffs filed the suit in 2016 and sought about $2.7

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Court Government Court Rules Legal 212

JURIST

APRIL 5, 2022

The Court of Justice of the European Union (EU) Tuesday ruled that national governments may not permit the “general and indiscriminate retention” of traffic and location data of electronic communications. The court’s ruling comes from a long procedural history.

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Data Management Court Court Rules Laws 104

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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Court Rules Punitive Damages Court Government 47

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. The company was also subjected to new data retention obligations for future surveillance purposes.

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Government Data Management Technology Court Rules 197

SCOTUSBlog

MAY 23, 2022

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. Failure to do so “procedurally defaults” the claim, and a federal court cannot review it.

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Court Statute Lawyer Lawyers 145

JURIST

NOVEMBER 3, 2023

The Supreme Court of Canada ruled 6-1 on Friday that the mandatory minimum sentence for child luring is unconstitutional as it violates the right against cruel and unusual punishment under Section 12 of the Canadian Charter of Rights and Freedom. On appeal, the Crown asked the Supreme Court to find it constitutional.

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Court Rules Court Constitutional Law Criminal Law 260

SCOTUSBlog

APRIL 29, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a capital defendant’s request for habeas relief on the ground that his lawyer conceded guilt over his objection, as in 2018’s McCoy v. After McCoy , Tyler unsuccessfully sought relief in Louisiana state courts. In Tyler v.

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Lawyer Lawyers Court Court Rules 75

JURIST

JUNE 28, 2022

The Michigan Supreme Court Tuesday ruled that defendants charged in connection with the Flint water crisis are entitled to preliminary examinations. ” The law allows a single judge to consider evidence in private chambers and issue an indictment authorizing criminal charges.

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Court Rules Court Statute Laws 197

Conflict of Laws

JUNE 17, 2022

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. The Court ruled that since neither panel was conferred governmental authority, § 1782 discovery would be inappropriate in both instances.

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Statute Court Criminal Law Court Rules 52

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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Tort Court Compensatory Damages Punitive Damages 34

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

JUNE 28, 2022

Share With a majority opinion that will be one of Justice Stephen Breyer’s last for the Supreme Court, the court on Monday ruled 9-0 that two alleged opioids “pill mill” doctors could not be convicted absent a jury finding that they subjectively believed they were wrongfully dispensing pills. The case, Ruan v.

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Mens Rea Government Criminal Law Court 93

JonathanTurley

MARCH 6, 2023

City of Fort Smith , the court heard a similar case. The United States Court of Appeals for the Eighth Circuit ruled that the verbal abuse was still protected speech. The United States Court of Appeals for the Eighth Circuit ruled that the verbal abuse was still protected speech. For example, in Thurairajah v.

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Court Rules Court Drafting Laws 32

Conflict of Laws

FEBRUARY 13, 2024

On these facts, in 2016, two French NGOs and 11 former Syrian employees of Lafarge ’s Syrian subsidiary pressed criminal charges in French courts against the French mother company. By its decision of January 16, 2024, the French Cour de cassation (chambre criminelle) ruled partly in favour of the petitioner.

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Litigation Litigating Court Rules Laws 72

SCOTUSBlog

FEBRUARY 24, 2022

Share The Supreme Court heard argument on Tuesday in Denezpi v. United States , which examines whether the federal government can bring criminal charges in federal court against a defendant previously found guilty in a Court of Indian Offenses for an offense stemming from the same act.

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Government Court Laws Attorney 72

JonathanTurley

NOVEMBER 14, 2021

The statement could effectively knock out the misdemeanor gun possession count — the one count that could still be in play for the jury after the prosecution’s case on the more serious offense appeared to collapse in court. Criminal laws are supposed to be interpreted narrowly.

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Statute Misdemeanor Criminal Law Felony 59

JonathanTurley

MARCH 10, 2021

Her parents, Angela Rodriguez and Adan Rodriguez, sued Lasting Hope and Benton’s employer, University of Nebraska Medical Center Physicians, but the Nebraska Supreme Court affirmed the dismissal of the action due to a lack of any legal duty to warn or protect the girlfriend. However, some states have passed laws limiting its impact.

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Court Tort Statute Laws 31

SquirePattonBoggs

MARCH 11, 2024

Four years ago, the Supreme Court declined a federal habeas petitioner’s request to review the Sixth Circuit’s decision in Avery v. Justice Kavanaugh, the Sixth Circuit’s assigned circuit justice, attached a “ statement ” to the Supreme Court’s cert. But the Court turned it away. United States , 770 F. 1080, 1081 (2020).

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Court Criminal Law Court Rules Litigation 69

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. Lyu Yan wanted to transfer money from China to Singapore.

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Laws Contract Tort Government 52

Paralegal Bootcamp

NOVEMBER 28, 2023

And with that comes federal courts and travel. 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? We sued pharmaceutical companies.

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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

JonathanTurley

APRIL 21, 2021

1 (1985), when the court addressed the Fourth Amendment protections afforded a fleeing suspect and held that an officer may not use deadly force to prevent escape unless “the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.” In Graham v.

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Felony Statute Court Rules Court 47

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. The language of this Court in Brown v. Cf: Restatement, Torts, § 322. French, 104 Pa.

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Tort Misdemeanor Legal Legal 43

JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. 568, 572 (1942), the Court has sharply abridged the application that exception.

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Conflict of Laws

AUGUST 3, 2023

After all, mandatory application in EU courts is largely irrelevant if courts do not have jurisdiction in the first place. If the remaining alternative is to bring an action in a court outside the EU, the application of the CSDDD civil liability regime is not, however, guaranteed. Common to Arts. 22 (5) CSDDD.

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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.

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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. This issue was addressed in Ollman v.

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Tort Court Felony Laws 45

SCOTUSBlog

JANUARY 14, 2022

Share In a term in which the justices are already slated to weigh in on disputes over public funding for private schools that teach religion , the role of spiritual advisers in the execution chamber , and the flying of a religious flag on a city flag pole , the Supreme Court on Friday added another religion case to its docket.

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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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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. 1, Number 2). See what happens to baby killers in jail.”, Threat of Inevitable Consequences.

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Lawyer Lawyers Court Attorney 126

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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Government Court Rules Court Education 54

JonathanTurley

JULY 24, 2021

Courts look to two elements in entrapment cases. 540 (1992), the Court ruled that a Nebraska man convicting of receiving child pornography through the mail was entrapped. Writing for the 5-4 majority, Justice Bryon White ruled that. The FBI even paid for room and foods to keep the planning going. In Jacobson v.

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Government Court Laws Court Rules 57

JonathanTurley

AUGUST 16, 2023

That is the problem when your counsel tells the prosecutor in open court to “just rip up” the plea deal. A recent decision of the United States Court of Appeals for the Fifth Circuit could present an interesting twist in this ongoing saga. The Justice Department just declared, however, that it is dead as Dillinger.

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