JURIST

MARCH 26, 2023

A federal court in Guam Friday denied a request to reinstate a total abortion ban on the island of Guam. Chief Judge Frances Tydingco-Gatewood of the District Court of Guam ruled that the original permanent injunction from 1990, which blocked Public Law No. Public Law No. Public Law No.

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Statute Misdemeanor Felony Court Rules 197

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

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

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

MAY 24, 2021

Share The Supreme Court on Monday unanimously ruled against a non-U.S. Palomar-Santiago , involved Refugio Palomar-Santiago, a Mexican citizen who became a lawful permanent resident – that is, a green card holder – in 1990. But six years after his deportation, the Supreme Court ruled in Leocal v. Because the U.S.

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Court Felony Immigration Statute 134

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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SCOTUSBlog

JUNE 28, 2022

Sherif Girgis is an associate professor of law at Notre Dame Law School. And to what will it bind lower courts? Dobbs reiterates the long-established principle that unwritten rights, to be enforced by courts, must be deeply rooted in our history. That pre-“quickening” abortions weren’t common-law crimes.

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Laws Felony Statute Legal 142

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.

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Court Felony Immigration Court Rules 104

At the Lectern

JUNE 17, 2021

Working on the presumption that the “ Legislature intends for ameliorative enactments to apply as broadly as is constitutionally permis sible,” the Supreme Court i n People v. The court ruled similarly last year in People v. The court reverses the Second District, Division Five, Court of Appeal.

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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. ” Also, the Supreme Court disapproves the Third District’s 2-1 decision in People v. In People v.

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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. The new office will support operations to seize firearms from dangerous people on the state’s database, the Armed and Prohibited Persons System.

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Misdemeanor Felony Court Rules Court 52

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

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

At the Lectern

APRIL 22, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court signs off on commutation of LWOP sentence, with an older clemency recommendation request still pending. The court granted review in Tansavatdi v. The appellate court relied on the Supreme Court’s decision in Cameron v.

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Court Felony Court Rules Litigation 49

SCOTUSBlog

OCTOBER 28, 2022

Last year, the court restricted the ability of state prisoners to develop new evidence to support claims that their attorneys failed to investigate leads that could have shown they were factually innocent. In the Supreme Court’s habeas corpus jurisprudence, the answer is never simple. In 2019, the court ruled in Rehaif v.

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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 crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. Justice Kavanaugh writes, quoting Linda R.S. :

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Immigration Court Rules Court Statute 211

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. King appealed the dismissal of his Bivens claims.

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Court Rules Tort Court Felony 206

At the Lectern

OCTOBER 14, 2022

At the Supreme Court’s Wednesday conference , a double one, actions of note included: Retail lease. The court agreed to hear JJD-HOV Elk Grove, LLC v. The appellate court disagreed with the Fifth District’s decision in Grand Prospect Partners, L.P. The court also granted review in People v. 2015) 232 Cal.App.4th

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Court Prima Facie Case Statute Attorney 60

SCOTUSBlog

OCTOBER 26, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Court of Appeals for the 5th Circuit affirmed. United States. New Relist.

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Statute Construction Court Felony 122

SCOTUSBlog

JANUARY 15, 2021

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Facebook plug-ins violate the Wiretap Act and whether the Second Amendment protects an individual’s right to possess firearms outside the home or after a conviction for a nonviolent offense. Acknowledging a circuit split, the U.S.

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Misdemeanor Court Felony Government 117

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

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

SCOTUSBlog

OCTOBER 13, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week’s update on the cases that the Supreme Court has newly relisted will be short: There aren’t any new relists. Gorsuch said he hoped the court would overturn those cases soon in “an appropriate case.”

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Tort Construction Court Felony 101

SCOTUSBlog

MARCH 30, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court granted review on a case raising the question whether Andy Warhol paintings made using a copyrighted photograph were so “transformative” as to be a non-infringing “fair use.” Case in point: Texas v.

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Stare Decisis Court Felony Statute 98

SCOTUSBlog

APRIL 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court denied cert on Monday. Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur.

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Statute Stare Decisis Court Manufacturing 105

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. Garner , 471 U.S.

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Felony Statute Court Rules Court 47

SCOTUSBlog

NOVEMBER 2, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Court of Appeals for the 10th Circuit, Abitron argued that the Lanham Act should not apply to its foreign sales. A short explanation of relists is available here. There are four newly relisted cases this week.

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Government Construction Court Statute 104

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. Court of Appeals for the 4th Circuit held in Pugin’s case that it did not.

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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

DECEMBER 7, 2023

The Supreme Court appears poised to uphold a federal law which bans domestic abusers from owning guns In one of the most high-profile cases of this year. Last month on November 7, Supreme Court justices heard oral arguments in United States v. Further, what should qualify someone as “dangerous” in the eyes of the law?

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Court Misdemeanor Laws Sports 98

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

JURIST

DECEMBER 27, 2023

US District Judge Liles Burke rejected a request from the US government to stay the case while appeals courts determine the appropriate standard of review for state bans on gender-affirming care for transgender youth, which is a central issue to the case before Burke.

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Laws Sports Felony Government 118

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 Supreme Court has ruled that a series of burglaries carried out by William Dale Wooden, who pleaded guilty to ten counts of the offense in 1997 and was convicted of being a felon in possession of a gun more than a decade later, took place on a single occasion, thus sparing Wooden from a longer sentence under the Armed Career Criminal Act.

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Court Rules Court Felony Laws 111

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

JUNE 22, 2022

Supreme Court, in Kansas v. 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. On June 23 1997, the U.S. Taken together with Kansas v.

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Court Rules Court Depositions Felony 137