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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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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SCOTUSBlog

JUNE 28, 2022

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. Yet courts are bound not only by Dobbs ’s express holdings, but by whatever directly follows from those (absent contrary precedent on point).

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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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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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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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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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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. It is also hard to instruct a jury on an ambiguous statute. I have a legal education.”

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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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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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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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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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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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JURIST

JANUARY 26, 2024

. “ President Biden has instructed his agencies to ignore federal statutes that mandate the detention of illegal immigrants. ” The conflict follows a Supreme Court ruling on January 22, wherein the court sided with the Biden administration in a dispute over a barrier along the southern border. .”

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SCOTUSBlog

OCTOBER 4, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court is back. On Monday, the court granted nine petitions from the enormous number that built up over the summer. A short explanation of relists is available here. First up is Buffington v.

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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. . In 1969, the Supreme Court held in Shapiro v. When someone ‘jaywalks’ from the Mexican side of the border to the U.S. Before 1969, poor U.S. Thompson that U.S.

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At the Lectern

APRIL 13, 2023

The Supreme Court yesterday denied review in People v. Powell , where a Third District Court of Appeal unpublished opinion affirmed the denial of a domestic violence victim’s petition for resentencing after she had pleaded guilty to first degree murder in 1998.

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit Court of Appeals ruled that the U.S. Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The court therefore found that the stay was unauthorized and vacated it. FEATURED CASE. A divided D.C. DECISIONS AND SETTLEMENTS.

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SCOTUSBlog

MAY 28, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the scope of the First Amendment — specifically, whether a law forbidding clandestine recordings is overbroad and whether a state may require individuals to carry identification cards labeled “SEX OFFENDER.” In Louisiana v.

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At the Lectern

DECEMBER 14, 2023

At its conference yesterday, a double one, the Supreme Court ruled on a robust 164 matters. The court granted review in EpicentRx, Inc. ” The Supreme Court has a similar forum selection case under review — Gerro v. The Supreme Court denied review in Brooks. Actions of note included: Forum selection.

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The Crime Report

SEPTEMBER 7, 2023

In a 6-3 decision Ex parte Danny Richard Lane , the state’s highest criminal appeals court ruled that Texas’ historical doctrine of “judicial clemency” does not forgive sex offender registration. In 1987, the trial court “set aside” the rape conviction through a “judicial clemency” order. Lane did not keep the appointment.

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SCOTUSBlog

APRIL 26, 2021

In 1991, he received a felony conviction for driving under the influence under California law and completed his sentence. The government alleged that he was removable, despite having a green card, because it believed that his 1991 DUI constituted an “aggravated felony” under the immigration laws.

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SCOTUSBlog

MARCH 19, 2024

Share The Supreme Court will hear oral arguments on Wednesday in the case of a 76-year-old Texas woman , Sylvia Gonzalez, who was arrested on charges that she had violated a state law that prohibits tampering with government records. Gonzalez came to the Supreme Court, which agreed last fall to weigh in. In 2019, in Nieves v.

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JURIST

MARCH 13, 2024

On Wednesday, Judge Scott McAfee of the Fulton County Superior Court ruled that six of the charges should be dropped for a “lack of detail concerning an essential legal element,” an oversight the judge described as “fatal.” Kimbrough, 300 Ga.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Fourth Circuit Declined to Stay Remand Order in Baltimore’s Climate Case Against Fossil Fuel Companies; Companies Sought Stay from Supreme Court. Supreme Court. On October 2, the district court granted the companies’ motion to temporarily extend its stay of the remand order until the Supreme Court resolves the application.

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ClimateChange-ClimateLaw

MARCH 6, 2018

Federal Court Denied Oakland and San Francisco Motions to Return Climate Change Nuisance Cases to State Court; Found Federal Common Law of Nuisance Could Apply, Despite AEP v. It demands to be governed by as universal a rule of apportioning responsibility as is available.” FEATURED CASE. ExxonMobil Corp.

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SCOTUSBlog

JANUARY 26, 2022

Supreme Court. With Justice Stephen Breyer expected to retire at the end of this term , California Supreme Court Justice Leondra Kruger is one of the frontrunners to succeed him. Court of Appeals for the 5th Circuit who was on former President Donald Trump’s short list to fill a Supreme Court vacancy. solicitor general.

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JonathanTurley

JUNE 17, 2022

It was due to the paucity of direct evidence of a crime that would hold up in court. LEXIS 1033 *, 2021 WL 633384, the court noted: Attempted murder requires a finding of specific intent to kill such that implied malice is insufficient to support a conviction for that offense. See People v. Gillespie, 2022 Cal. Indeed, in People v.

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JonathanTurley

JUNE 29, 2022

In an unanimous 6-0 ruling, the Michigan Supreme Court held that her office committed a fatal and inexplicable error in prosecuting nine officials for the Flint water crisis, including former Gov. Nessel then restarted the prosecutions anew but ignored statutes that clearly do not allow the use of a single judge to issue indictments.

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