JURIST

JANUARY 3, 2024

The US Department of Justice (DOJ) sued Texas and Governor Greg Abbott in his official capacity on Wednesday over a state law that criminalizes illegal entry into the border state from anywhere but a port of entry, exerting state jurisdiction over what is usually a federal matter. Last month, Abbott signed SB 4.

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SCOTUSBlog

APRIL 14, 2023

On Monday, the court will hear argument in a pair of cases, Pugin v. Cordero-Garcia , involving whether a federal law that allows the government to deport noncitizens convicted of “an offense relating to obstruction of justice” applies even to cases that are not connected to open investigations or judicial proceedings. But the U.S.

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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. Wade , does not impact the statute’s constitutionality.

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SCOTUSBlog

NOVEMBER 2, 2022

Share On Tuesday, the court heard argument in Jones v. Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Two decades into his prison term, the Supreme Court decided in Rehaif v. 922(g) and sentenced to more than 27 years’ incarceration. In 1948, Congress passed 28 U.S.C.

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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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FDA Law Blog

AUGUST 4, 2022

Kirschenbaum — In a recent decision, the Second Circuit upheld the HHS Office of the Inspector General (OIG)’s position that Pfizer’s proposed copay assistance program for its high-cost heart treatment would violate the Federal Anti-Kickback Statute (AKS). The Second Circuit’s Interpretation of the Anti-Kickback Statute. Pfizer, Inc.

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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 issues in both cases involves the federal law that prohibits felons from possessing firearms, 18 USC §922(g). Two years ago in Rehaif v. Decisions in both cases should come this summer.

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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. The case, United States v.

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JURIST

JUNE 15, 2021

The US Supreme Court on Monday limited new trials for felons convicted for being in possession of a firearm, limiting the retroactive application of its 2019 decision Rehaif v. United States involved 18 USC §922(g) , the federal law prohibiting felons from possessing firearms. United States. The issue in Greer v.

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JURIST

JANUARY 12, 2024

The Trumbull County prosecutor’s office stated that, after evaluating the case, they believed Watts did not violate the Ohio Criminal Statute of Abuse of a Corpse. Watts had initially been charged with felony abuse of a corpse in October after Warren County police found the remains of her pregnancy in her toilet and trash.

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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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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. It’s not an easily resolved issue, because the Legislature didn’t specify an answer. In People v.

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SCOTUSBlog

FEBRUARY 24, 2023

Share The federal aggravated identity theft statute imposes a two-year sentence for any person who, “during and in relation to” certain enumerated felonies, “knowingly transfers, possesses, or uses without lawful authority, a means of identification of another person.” United States. United States. A panel of the U.S.

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Paralegal Bootcamp

JULY 28, 2022

Then, an opportunity came along to work for the County Public Defender’s Office, defending people in misdemeanor, felony, and now the only paralegal in the office on capital cases. So, what are the things we do that get YOU thinking this could be the best career decision you make as a Criminal Law Paralegal? Conflict Checks.

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JURIST

JUNE 17, 2021

The US Court of Appeals for the Fourth Circuit on Wednesday upheld a lower court’s decision to strike down North Carolina’s statewide abortion restrictions. For the past 140 years, North Carolina has criminalized the “procurement or administration of abortion as a felony.”

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Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. The specific issue before the Court in Dubin v. After a district court upheld the convictions, Dubin appealed. Issues Before the Supreme Court. Facts of the Case.

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At the Lectern

FEBRUARY 22, 2024

Here are some notable Supreme Court actions at its conference yesterday: Public records retention. The court granted review in both City of Gilroy v. Superior Court and Law Foundation of Silicon Valley v. Superior Court , consolidated the cases, and made City of Gilroy the lead case. Newspersons’ shield law.

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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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At the Lectern

APRIL 25, 2024

There were no straight grants at yesterday’s Supreme Court conference , but here are some actions of note: Tax vote requirement. 5th 924 (see here ), the court has regularly declined to hear tax-voting cases. The court granted review in Long v. The court denied review in In re L.B. , City of Upland (2017) 3 Cal.5th

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SCOTUSBlog

FEBRUARY 28, 2023

United States felt like a legislation class in law school, with various canons of statutory construction being bandied about. Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. Share In many ways, Monday’s oral argument in Dubin v.

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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.

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SCOTUSBlog

APRIL 21, 2021

Gary , it was that the justices are struggling to draw boundaries around the circumstances in which federal criminal defendants are entitled to a new proceeding in the district court after the court of appeals has found “plain error” in the trial or plea hearing. After the decision in Rehaif, the U.S.

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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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At the Lectern

OCTOBER 19, 2023

At its confer e nce yesterday, the Supreme Court granted review in one criminal case and one civil case and took a few other notable actions: Another SB 1437 resentencing case. The Supreme Court agreed to decide an another issue arising from the 2018 legislation — Senate Bill 1437 — that limited criminal liability for felony murder.

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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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Livesay&Myers

APRIL 5, 2021

Effective July 1, 2021, Virginia law will no longer require a corroborating witness for a divorce based on no-fault grounds. The new law makes it significantly easier to obtain a no-fault divorce in Virginia. The affidavit will then be filed with the circuit court clerk as a part of the parties’ divorce documentation.

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JonathanTurley

JUNE 7, 2023

Yesterday, the United States Court of Appeals for the Third Circuit handed down a major ruling in favor of the Second Amendment rights of ex-felons. At issue was the federal “felon-in-possession” law—18 U.S.C. § The federal law makes it “unlawful for any person. 922(g)(1), which bars ex-felons from possession of firearms.

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At the Lectern

AUGUST 19, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court rejects challenge to continuation of Governor’s emergency declaration. The court granted review in Leon v. ” The court depublished the opinion of the Second District, Division Eight, in People v. .” discovery case.

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At the Lectern

JANUARY 3, 2021

A frequently invoked ground for Supreme Court review of a case is when it is “necessary. to settle an important question of law.” But offering the court an important legal issue is not alone enough to get a case heard. Sometimes, the court is just fine with the way the Court of Appeal has settled the issue.

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The Crime Report

APRIL 14, 2022

Do state laws permitting individuals to carry concealed weapons undermine federal legislation banning weapons in the vicinity of schools? Resolving the contradiction will require an amendment, according to a paper in the Texas Tech Law Review. candidate at the Texas Tech University School of Law and author of the paper.

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At the Lectern

AUGUST 12, 2021

Raybon , the Supreme Court today concludes that Proposition 64, a 2016 initiative that in general allowed adults to possess limited amounts of cannabis, did not override an existing statute banning possession of controlled substances in state correctional facilities. In People v.

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SCOTUSBlog

DECEMBER 6, 2021

On Tuesday, the Supreme Court will delve into that question in United States v. The case involves the interaction of two federal criminal statutes. The first is the Hobbs Act , a 1946 law that makes it a federal crime to commit robbery (or attempt to do so) in a way that affects interstate commerce.

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At the Lectern

MAY 13, 2021

Actions of note at yesterday’s Supreme Court conference — a double one — included: Supreme Court signs off on two more commutations. Supreme Court will answer Ninth Circuit’s insurance law question. The court denied review in Wilmot v. The court granted and transferred in Wright v.

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The Crime Report

JANUARY 18, 2022

While most Americans believe arrested people go to court soon after their arrest, Constitutional guarantees of a “fair and speedy trial” are infrequently honored in our under-resourced criminal justice system, according to a study produced by the Deason Criminal Justice Reform Center at the Southern Methodist University Dedman School of Law.

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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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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

JULY 29, 2021

The Supreme Court’s actions of note at its conference yesterday included: In California Medical Association v. The appellate court found the action — under the Unfair Competition Law — could not proceed because the association had not itself suffered injury from the policy. Aetna Health of California, Inc. ,

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