HowAppealing

FEBRUARY 9, 2023

skeptical of ban on gun purchases by people facing felony charges”: Brendan Pierson of Reuters has this report. Court of Appeals for the Fifth Circuit via this link. Court of Appeals for the Fifth Circuit via this link. “5th Circ. The post “5th Circ.

Felony 100

Felony Court Laws 100

The Crime Report

APRIL 6, 2022

In 2017, the Massachusetts Supreme Judicial Court abolished key aspects of its “felony murder rule,” the common law doctrine that made everyone involved in a felony that resulted in death guilty of first-degree murder—guilty even if they personally inflicted no violence and never intended to hurt anyone. The Rest of the Iceberg.

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Felony Court Lawyer Lawyers 139

HowAppealing

NOVEMBER 7, 2022

“Supreme Court refuses to consider requiring 12-person juries; The court declined to take up an Arizona fraud case that could have eliminated the use of six- or eight-person juries in felony cases in the six states where they’re allowed”: Lawrence Hurley of NBC News has this report. Gorsuch issued today.

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Felony Court 100

JURIST

APRIL 9, 2021

Washington Governor Jay Inslee signed a bill into law Wednesday expanding voting rights for persons with felony convictions. HB 1078 automatically restores voting rights for people with felony convictions once completing a sentence of total confinement through the Washington Department of Corrections.

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Felony Court Legal Legal 186

HowAppealing

MARCH 12, 2023

“In the wake of Supreme Court overturning Roe v. Wade, Wisconsin is living in 1849; Wisconsin’s 1-year-old legislature banned abortion in 1849, making it a felony to provide abortion care unless the life of the mother is in danger; Last year, this ban took effect again”: U.S.

Felony 100

Felony Court 100

JURIST

APRIL 17, 2023

The Minnesota Court of Appeals Monday upheld the conviction of former police officer Derek Chauvin for the murder of George Floyd during a 2020 arrest. In doing so, the court denied Chauvin’s request for a new trial or reversal of his conviction. Ultimately, the court affirmed the district court’s conviction of Chauvin.

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Felony Court Laws 211

HowAppealing

JANUARY 9, 2023

“Is Encouraging Unauthorized Immigration Free Speech or a Felony? The Supreme Court will decide whether a 1986 law that makes it a crime to urge people to stay in the United States unlawfully can be squared with the First Amendment.” The post “Is Encouraging Unauthorized Immigration Free Speech or a Felony?

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Felony Immigration Court Laws 100

JURIST

JULY 1, 2022

The US Supreme Court on Thursday vacated three orders issued by lower courts in Arizona, Indiana, and Arkansas that had invalidated state-level abortion on the grounds of Roe v. This follows the Supreme Court’s overturning of Roe last Friday. The Seventh Circuit Court of Appeals affirmed the injunction.

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Court Laws Felony 200

JURIST

MAY 25, 2021

The US Supreme Court ruled unanimously Monday against a non-US citizen who was contesting his indictment for unlawful re-entry into the country. In 1998, an immigration judge found that Palomar-Santiago had committed an aggravated felony under the federal immigration laws when he was convicted for driving under the influence.

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Court Rules Court Felony Immigration 196

SCOTUSBlog

APRIL 14, 2023

On Monday, the court will hear argument in a pair of cases, Pugin v. While aggravated felonies were initially limited to a few serious crimes, Congress has expanded the list to encompass a broader array of criminal activity, including – in 1996 – “offenses relating to the obstruction of justice.” Share In 1948, Justice William O.

Immigration 117

Immigration Court Statute Felony 117

JURIST

JULY 28, 2021

The California Supreme Court held Monday that prisoners are entitled to a lawyer before a trial court can consider their record of conviction in determining whether the prisoners may challenge their murder convictions for killings committed by others. The new law in question was California Senate Bill No.

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Prima Facie Case Lawyer Lawyers Court 197

HowAppealing

FEBRUARY 15, 2023

Attorney General , involving a Second Amendment challenge to the federal statute criminalizing the possession of guns by individuals convicted of a nonviolent felony: You can access the live audio on YouTube via this link. The oral argument is scheduled to begin at 10 a.m. eastern time.

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Felony Statute Attorney Court 100

JURIST

SEPTEMBER 30, 2021

The US District Court for the District of Arizona on Tuesday blocked provisions of a restrictive Arizona abortion bill from taking effect. Under the law, any doctor who performs an abortion because of a genetic abnormality of the child is guilty of a felony and subject to a prison sentence of up to two years. years in prison.

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Court Laws Felony Legal 211

The Crime Report

AUGUST 25, 2022

Texas’ trigger law has officially gone into effect, making performing an abortion a felony punishable by up to life in prison and a civil penalty of not less than $100,000, plus attorney fees, with only narrow exceptions to save the life of a pregnant patient, reports the Texas Tribune.

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Felony Court Rules Attorney Laws 94

SquirePattonBoggs

FEBRUARY 14, 2023

Judge White wrote the unanimous opinion for the Court, which was joined by Judge Moore and Judge Bush. The Court held that an Ohio aggravated-robbery offense, R.C. A)(1), does not qualify as a violent felony under the Armed Career Criminal Act (commonly referred to as “ACCA”). A)(1) did qualify as a violent felony under ACCA.

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Felony Mens Rea Statute Court 59

JURIST

OCTOBER 5, 2021

The US Supreme Court heard oral arguments in person on Monday for the first time since the COVID-19 pandemic shut down the court in March 2020. The justices did press hard on Frederick’s contention that equitable apportionment doctrine might apply to groundwater, which would be a new ruling from the court.

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Court Felony Lawyer Lawyers 194

At the Lectern

MAY 31, 2023

The Supreme Court today made public redacted versions of records submitted by Governor Gavin Newsom in support of his requests for the court’s permission to commute four life-without-parole sentences. Under a 2021 policy , but for the motions, the records would have remained completely confidential.

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Court Felony Attorney 45

JURIST

OCTOBER 19, 2021

The US Court of Appeals for the Eleventh Circuit on Monday upheld a 2019 Florida law that prevents felons from voting until they pay their legal financial obligations of fines, fees, and restitution. The court held that the voting requirement did not unconstitutionally discriminate against low-income women of color.

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Court Laws Felony Legal 211

JURIST

MARCH 29, 2021

The US Court of Appeals for the Sixth Circuit held Friday that public universities cannot compel professors to respect student pronoun preferences. Per the court, such speech is protected under the First Amendment, particularly if pronoun preferences go against a professor’s religious or philosophical beliefs.

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Court Rules Court Felony Sports 291

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. He also sued the officers individually under a Bivens action, claiming four violations of his Fourth Amendment rights.

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Court Rules Court Tort Felony 206

At the Lectern

APRIL 7, 2023

Governor Gavin Newsom yesterday asked for Supreme Court approval to grant clemency to six people, including a second attempt to commute a sentence of life without the possibility of parole. The first attempt failed when a divided court over four years ago denied then-Governor Jerry Brown’s request for a clemency recommendation.

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Court Felony Attorney 81

At the Lectern

MARCH 16, 2023

At yesterday’s Supreme Court conference , a double one, actions of note included: Court allows clemency for one, returns files to be redacted for four others. 2) May a superior court ever set pretrial bail above an arrestee’s ability to pay?” ” In its landmark In re Humphrey (2021) 11 Cal.5th Resentencing.

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Felony Court Attorney Statute 40

JURIST

APRIL 24, 2021

The Supreme Court on Tuesday heard oral arguments in two cases involving one of its own precedents regarding felony firearms possession. The justices pushed Solicitor General Benjamin Snyder on what kinds of evidence an appellate court can use, and how far outside the trial court record they can go.

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Court Felony Court Decisions Statute 203

JURIST

DECEMBER 15, 2022

A Michigan court Thursday sentenced three men involved in a 2020 plot to kidnap Michigan Governor Gretchen Whitmer to prison. Pete Musico, Joseph Morrison and Paul Bellar were all sentenced in the Jackson County Circuit Court to separate prison terms after a jury found them guilty of felony charges in October. in August 2022.

Felony 118

Felony Court 118

JURIST

OCTOBER 3, 2021

The Superior Court of Glynn County, Georgia ruled on Friday that Ahmaud Arbery’s mental health records could not be used as evidence in the trial against the three white men accused of killing the 25-year-old Black man. The defendants face charges of felony murder and false imprisonment. Superior Court Judge William R.

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Court Rules Court Felony Attorney 197

SCOTUSBlog

APRIL 20, 2023

Cordero-Garcia , the justices sought to define the contours of an “offense relating to the obstruction of justice,” which is one among the prior convictions that subjects noncitizens to mandatory removal from the United States as an “aggravated felony.” The argument on Monday did not provide a clear path forward.

Immigration 119

Immigration Court Felony Statute 119

The Crime Report

FEBRUARY 1, 2023

The Riverside County Superior Court in California has dismissed three separate felony child sexual assault cases in one week due to the court’s inability to begin trials within the required timeframe, including one case so serious the defendant faced a possible life sentence, according to the Riverside County District Attorney’s Office.

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Court Felony Misdemeanor 75

The Crime Report

DECEMBER 8, 2022

A three-judge panel of the North Carolina Court of Appeals published a pair of opinions Tuesday holding that two people can be charged with murder for brutalizing a child 25 years ago — even though they had already been convicted of child abuse for the same act of violence in the late ‘90s. State courts have taken up this issue before.

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Court Felony Court Rules Court Decisions 96

JURIST

APRIL 25, 2023

Under this bill, performing an abortion in the state is a Class C felony, which can result in a maximum five-year prison sentence if convicted. ” In March, the North Dakota Supreme Court blocked the state’s trigger abortion ban that went into effect after the US Supreme Court overturned Roe v. .”

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Laws Felony Court 208

JURIST

MARCH 7, 2022

A fractured US Supreme Court ruled Monday in Wooden v. The government charged him under the ACCA, which would subject Wooden to a 15-year mandatory minimum sentence, but only if he had three prior violent felonies.

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Court Felony Court Rules Government 104

JURIST

JUNE 5, 2021

In a 6-3 decision on Thursday, the US Supreme Court held that a former police sergeant did not violate the 1986 Computer Fraud and Abuse Act (CFAA) when he used his patrol car computer to access a police database for personal purposes.

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Court Statute Felony Legal 222

JURIST

AUGUST 4, 2022

Judge James Donato signed the dismissal, and the case is in the US District Court for the Northern District of California, San Francisco Division. The charges against Sullivan included obstruction of proceedings , misprision of felony (failing to report a felony), and three counts of wire fraud.

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Felony Court 181

The Crime Report

AUGUST 25, 2022

5th Circuit Court of Appeals has ruled that Mississippi can continue to bar more than 10 percent of its citizens from voting, maintaining a Jim Crow-era provision that bars Mississippians convicted of felonies from taking part in elections, reports the Daily Journal.

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Felony Court Attorney Laws 104

JURIST

SEPTEMBER 6, 2021

The North Carolina Court of Appeals on Friday blocked a lower court order that would restore voting rights to more than 55,000 North Carolinians on parole or probation for a felony. ” Advocates for the formerly incarcerated are expected to appeal the appellate court’s decision to the North Carolina Supreme Court. .”

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Court Felony Court Rules Attorney 104

At the Lectern

AUGUST 8, 2022

Strong , the Supreme Court today gives more defendants who were convicted of felony murder years ago a chance to seek lesser sentences under 2018 legislation — Senate Bill No. 1437 — that, the court explained, “significantly narrowed the scope of the felony-murder rule” and provided for some resentencing.

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Court Felony Litigation Litigating 85

JURIST

MAY 25, 2023

Anyone found to be in violation of the law faces a felony conviction, a potential $10,000 fine and a prison sentence of up to two years. The South Carolina Supreme Court previously struck down a Republican-led effort to ban abortions after 6 weeks in January.

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Laws Felony Court Government 197

HowAppealing

SEPTEMBER 22, 2021

“Mississippi voting rights case is argued at US appeals court”: Emily Wagster Pettus of The Associated Press has this report. Court of Appeals for the Fifth Circuit at this link. ” You can access the audio of today’s en banc oral argument of the U.S.

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Court Felony 100