The Crime Report

NOVEMBER 17, 2021

justice system’s increasing lack of transparency raises serious constitutional concerns , according to a forthcoming American Criminal Law Review paper. . Ryan, a Professor of Law at the Southern Methodist University Dedman School of Law. . See Also: Chicago PD Used Hidden Funds to Launch Secret Drone Program.

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Technology Criminal Law Government Tort 141

SCOTUSBlog

OCTOBER 5, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

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JonathanTurley

OCTOBER 26, 2021

We have previously discussed “ Castle Doctrine ” and “ Stand Your Ground ” laws. What is notable is that Turner is relying on the SYG law rather than the Castle Doctrine. The laws have been criticized for creating perverse results as in the controversial case of Tom Horn in Texas. Raymond , 23 Colo.

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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

JonathanTurley

OCTOBER 19, 2021

Generally there is no duty to rescue or to call police under the common law. The law covers violent crimes, sexual assault, and assault of a child. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. We have seen criminal charges for videotaping crime scenes in other countries.

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JonathanTurley

NOVEMBER 21, 2021

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. ” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns.

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Tort Litigation Litigating Manufacturing 34

JonathanTurley

SEPTEMBER 8, 2021

In torts, we often discuss strike suits and slip-and-fall actions designed to force settlements from litigation-wary companies. Notably, the law below ratchets up if there is any injuries in response to emergency calls but the base offense caps out at six months in jail. In Louisiana, police arrested a man, Arthur Bates Jr.,

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JonathanTurley

OCTOBER 10, 2021

There is an interesting criminal case out of the Minnesota that highlights both criminal and tort doctrines on the defense of self and defense of property. The case highlights rivaling doctrines that we often discuss in Torts. Minnesota has a Castle Doctrine law. Restatement (Second) of Torts § 218 cmt.

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Tort Felony Laws Legal 36

JonathanTurley

MARCH 10, 2021

There is a tragic case out of Omaha that has led to a notable decision over tort liability for psychiatrists. Regents of University of California , which I teach in my torts class. However, some states have passed laws limiting its impact. In Nebraska, the state supreme court previously ruled in Munstermann v.

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JonathanTurley

JUNE 15, 2021

The recent reported discovery by Riggle of a surveillance camera raises some interesting criminal and tort dimensions to a divorce that seems to be snowballing out of control. He is alleging potentially criminal conduct that would constitute per se defamation under common law.

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Tort Divorce Felony Criminal Law 31

JonathanTurley

SEPTEMBER 21, 2023

We have previously discussed Castle Doctrine laws or “make my day” laws, including other cases involving garage shootings or shootings off the property of the homeowner. The common law has long offered ample protections even for reasonable mistakes. That could factor heavily into the criminal investigation.

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JonathanTurley

JUNE 30, 2021

Bill Cosby is a free man after the Pennsylvania Supreme Court overturned the conviction that sent him to jail roughly three years ago to serve 3-10 years for sexual assault. He proceeded to incriminate himself in what the Court said was a bait-and-switch. The court yielded to prosecutorial demands that were facially unconstitutional.

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JonathanTurley

OCTOBER 6, 2022

However, not only is another court likely to find that there was no right to rescue in a case involving the theft of pigs by animal activists , this activist is likely to establish that the players had right to tackle. The protester was engaged, at a minimum, in a criminal misdemeanor while be pursued by security.

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Paralegal Bootcamp

JULY 24, 2023

This is because some paralegals might prefer a corporate setting as an in-house paralegal, while others might thrive in a law firm setting working in civil litigation or other commercial litigation. There is a very large gap in salaries when you look at BigLaw in big cities compared to small law firms in smaller regional markets.

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Paralegal Paralegals Litigation Litigating 130

JonathanTurley

JULY 27, 2021

McVey had just torn down Feaster’s Nazi flag and he claimed that he was in fear of an “imminent Antifa attack on his home” last June, according to a court motion in the case. They argue that his Nazi flags are protected First Amendment speech and that he had a right to defend himself under the law.

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Conflict of Laws

AUGUST 3, 2023

This creates inconsistencies between the scope of application of the Draft Directive and existing jurisdictional law, both on the EU level and on the domestic level, and can lead to an enforcement gap: EU companies may be able to escape the existing EU jurisdiction; non-EU companies may even not be subject to such jurisdiction. 22 (5) CSDDD.

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JonathanTurley

DECEMBER 1, 2021

The case could present some difficult questions under the state’s Stand Your Ground and Castle doctrine laws. As the couple argues about the court order, Carruth goes back into the house and retrieves his rifle. The Texas SYG law states in part : Sec. The law requires that the use of force is “reasonable.”

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Laws Divorce Misdemeanor Tort 39

JonathanTurley

JUNE 16, 2021

The use of force in such a circumstance is justified under Indiana Code 35-41-3-3(b): A law enforcement officer is justified in using reasonable force if the officer reasonably believes that the force is necessary to effect a lawful arrest. ?However, The court acknowledges that “the most troublesome statement in the column.

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Tort Court Felony Laws 45

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

SimplyLawJobs

NOVEMBER 30, 2020

local government, property, family or criminal law etc.). If you don’t, or you feel that you could do with some additional training, then the most important element is to gain some knowledge of how the English Legal System works, especially the court system and hierarchy. The 5 best ways to get started in law.

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Paralegal Paralegals Freelance Law Firm 62

LexForti

JUNE 22, 2021

A man need not possess the highest expert skill; it is well-established law that it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art. These issues bring forth the topic of medical negligence and the role played by law and judiciary to curb it. Saksham Ahuja, Associate.

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Court Litigation Litigating Legal 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 judge ruled Friday afternoon that the prior citizen’s arrest law requires that the arrest would have to occur right after any felony crime was committed. Here is the prior law: O.C.G.A.

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JonathanTurley

AUGUST 28, 2021

A very disturbing case of alleged police brutality just got far worse after defense counsel for Jim Jones, 62, alleged in open court that a prosecutor with the District Attorney for Lawrence County, Tennessee told a deputy sheriff to delete pictures of the beaten Jones. Together, they slammed him to the ground face first.

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Punitive Damages Attorney Lawyer Lawyers 40

JonathanTurley

MAY 18, 2021

Deputy Lunsford took evasive action to get out of the way of the front left tire of Brown’s vehicle, and law enforcement commands became more heated with profanity shouted for Brown to stop the car. Brown then put the car in drive and turned the steering wheel left, directly at law enforcement officers who had now surrounded his vehicle.

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LexForti

JUNE 2, 2022

Third-party funding is rather a new concept and was adapted by many legislations only recently due to the illegality of the doctrines of maintenance and champerty in common-law jurisdictions in the past. This was again confirmed by the Court on various occasions[19]. CURRENT SCENARIO THROUGH A JUDICIAL LENS.

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Finance Litigation Litigating Contract 52

JonathanTurley

FEBRUARY 25, 2023

Grosskreutz was also questioned on the stand about his seeking $10 million in a lawsuit against the city and another lawsuit in federal court for damages. Grosskreutz also admitted his CCW permit was invalid and that he was therefore illegally carrying a concealed weapon on the night, though he insisted that he did not know it was invalid.

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JonathanTurley

NOVEMBER 27, 2020

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. Some things are happily left out of the courts.

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JonathanTurley

NOVEMBER 20, 2021

Moreover, while some have called for reducing self-defense protections, the jury applied the law on the books. It is not allowed to simply ignore the law to seek its own criminal justice rules. The Rittenhouse jury faithfully applied the Wisconsin law and came to a well-founded verdict of acquittal. Civil Liability.

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Litigation Litigating Tort Laws 9

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

OCTOBER 15, 2022

There is a bizarre political controversy out of Colorado that may raise some interesting defamation and criminal law questions. If untrue, this businessman could face a major defamation action, but Frisch has not indicated whether he will contest the allegation in court. Both the Colorado GOP and Rep.

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Statute Criminal Law Court Laws 39

JonathanTurley

AUGUST 25, 2021

Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. This is such a case in my view. In Ashcroft v.

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Personal Injury Court Rules Tort Statute 45

JonathanTurley

JANUARY 12, 2022

Florida Southern District Court. In her 46-page decision, Judge Lewis A Kaplan of the United States District Court for the Southern District of New York adopted an extremely narrow reading of the settlement and eschewed the defense arguments on threshold barriers to any lawsuit.

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JonathanTurley

DECEMBER 15, 2021

Florida Southern District Court. He argues that the court is allowed to take “judicial notice” of the agreement in light of the fact that it has been used previously in court, including the voluntary dismissal of her battery claims against Epstein’s former attorney, Alan Dershowitz in a parallel case.

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Statute Tort Laws Court 36

JonathanTurley

JANUARY 8, 2021

That is hardly remarkable with attorneys entering and leaving cases every day in federal court. Philadelphia-based attorney Jerome Marcus told the United States District Court for the Eastern District of Pennsylvania that he was withdrawing because President Trump used him, and his election challenge, to “perpetuate a crime.”

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JonathanTurley

NOVEMBER 19, 2020

Trump campaign counsel repeatedly accused Dominion and its officers of criminal conduct and business improprieties. Those are categories of “per se defamation” under the common law. The lawsuit would likely be filed under state law but moved to federal court under diversity jurisdiction arguments.

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JonathanTurley

AUGUST 8, 2023

Torts has long struggled with the vicarious liability of promoters and celebrities for accidents. However, the use of criminal charges, in my view, is neither needed nor wise. The question is whether such negligence should be made a criminal rather than a civil matter. Cenat did not encourage or call for violence.

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JonathanTurley

APRIL 3, 2021

Indeed, as a torts professor, this could prove the golden age of defamation. Like many, I was surprised to watch Tucker Carlson’s interview with Gaetz on the first night of the scandal and hear Gaetz identify by name (and law firm) the lawyer who he claims was extorting him. It now seems certain that Florida Rep.

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