JURIST

JUNE 12, 2021

The US Supreme Court on Thursday overturned a ruling by the US Court of Appeals for the Sixth Circuit that “reckless” crimes qualify as violent felonies for purposes of the Armed Career Criminal Act (ACCA). The Supreme Court reversed that judgment and remanded the case. ” Petitioner Charles Borden Jr.

Felony 161

Felony Mens Rea Court Rules Court 161

FDA Law Blog

NOVEMBER 6, 2022

Now, after an unfavorable HHS Office of the Inspector General (OIG) advisory opinion and two defeats in court, Pfizer has appealed the Second Circuit’s decision to the Supreme Court. The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.

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Mens Rea Statute Healthcare Manufacturing 83

FDA Law Blog

AUGUST 4, 2022

That court granted summary judgment to the government on the APA claim and rejected Pfizer’s narrower reading of the AKS, which would require an element of “corrupt” intent to impose AKS liability. Similarly, the Court drew on the plain meaning of “willfully” to reject Pfizer’s argument that the term suggests “an element of corruption.”

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Statute Mens Rea Manufacturing Court 98

FDA Law Blog

SEPTEMBER 22, 2022

An interesting historical sidenote is that if one looks at the official Park decision from the Supreme Court, one will find our own Paul Hyman who was one co-author of the amicus curiae briefs. Therefore, as a matter of proof, DOJ can obtain a misdemeanor conviction even when a jury acquits on a felony.

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Misdemeanor Mens Rea Felony Government 59

The Crime Report

JANUARY 6, 2022

In a forthcoming (May 2022) book, Criminology on Trump, I have marshalled the mens rea type of evidence that I hope prosecutors and the Department of Justice will consider in charging Trump and his associates with a variety of white-collar crimes. Several weeks after losing the 2020 election, on Jan.6, Should the U.S.

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Mens Rea Real Estate Felony Laws 140

JonathanTurley

JUNE 17, 2022

There is also no compelling legal basis for the claim. 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.

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Mens Rea Law School Laws Felony 42

JonathanTurley

DECEMBER 20, 2022

Of course, to raise obvious legal barriers to prosecution today is to invite an Internet flash mob accusing you for being an insurrectionist or fellow traveler. Likewise, experts like legal analyst and Michigan Law Professor Barbara McQuade told MSNBC viewers that Trump could be charged with manslaughter for riot. At 4:17 p.m.,

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Mens Rea Felony Drafting Court Rules 59