FDA Law Blog

SEPTEMBER 28, 2023

Walsh — As readers of the FDA Law Blog know, the FDC Act is a strict liability criminal enforcement statute that can impose criminal misdemeanor penalties on a person without any showing of intent. His arguments were rejected by the district court, and the 9th Circuit affirmed the felony conviction.

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Felony Misdemeanor Statute Court 52

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 Immigration Felony 196

JURIST

DECEMBER 10, 2023

The Texas Supreme Court placed an administrative stay on Friday on a lower court’s temporary restraining order (TRO) that barred the enforcement of the state’s strict abortion bans on a pregnant woman whose fetus was recently diagnosed with a fatal condition. This is not the only abortion-related case in the Texas Supreme Court.

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Court Felony Healthcare Statute 211

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.

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Immigration Statute Felony Court 108

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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Statute Government Court Felony 89

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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Statute Misdemeanor Court Rules Felony 197

CourtTechBulletin

JUNE 20, 2022

The Administrative Office of the Courts is issuing a Request for Proposals (RFP) to redesign the website of the New Mexico Judiciary (www.nmcourts.gov). The redesign should produce an easy-to-navigate website to help the public conduct business with courts statewide and provide information about court services and operations to website users.

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Felony Statute Court 173

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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Statute Mens Rea Manufacturing Court 98

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

At the Lectern

SEPTEMBER 20, 2021

Two months ago , the Supreme Court in People v. 5th 952 interpreted Penal Code section 1170.95, which was enacted in Senate Bill 1437 , 2018 legislation narrowing murder liability under the felony murder theory and the natural and probable consequences doctrine. Lewis (2021) 11 Cal.5th Lewis (2021) 11 Cal.5th See here and here.)

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Prima Facie Case Statute Court Felony 49

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 Government Statute 203

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 Construction Statute 40

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. The court found that neither carried that burden, as both had been convicted of multiple felonies prior. United States. The issue in Greer v.

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Court Felony Government Statute 188

SCOTUSBlog

MAY 24, 2021

Share The Supreme Court on Monday unanimously ruled against a non-U.S. Eight years later, an immigration judge found that his California conviction for driving under the influence was an aggravated felony under the federal immigration laws. But six years after his deportation, the Supreme Court ruled in Leocal v.

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Court Felony Immigration Statute 134

The Crime Report

JANUARY 10, 2023

Washington’s Supreme Court declared Washington’s felony drug possession statute unconstitutional in 2021 because it made possession a felony, whether someone was aware of the drugs being on them or not. Lawmakers responded to the ruling by temporarily making drug possession a simple misdemeanor.

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Felony Misdemeanor Drafting Statute 98

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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Statute Court Rules Court Felony 40

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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Felony Healthcare Statute Court 249

JURIST

JANUARY 14, 2023

Director Nils Muižnieks issued his statement after Greece’s Court of Appeal of Mytilene dropped some of the misdemeanor charges previously laid against the volunteers. The statute of limitations for the remaining misdemeanor charges against the two will expire in February. All we want is justice. We want this to go to trial.

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Misdemeanor Felony Statute Court 104

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. Dubin disagrees. A panel of the U.S.

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Statute Felony Government Court 85

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. ” Prior prison enhancements.

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Court Felony Statute Laws 53

SCOTUSBlog

OCTOBER 1, 2021

The Supreme Court will answer this question in Wooden v. The court will hear oral argument on Monday, the first day of the 2021-22 term and the first time the justices will be back in the courtroom for an in-person hearing in more than 18 months. Court of Appeals for the 6th Circuit agreed with the government.

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Felony Statute Government Court 128

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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Court Felony Statute Legal 129

JURIST

DECEMBER 15, 2021

The US District Court for the District of Columbia Tuesday sentenced a North Carolina man to 28 months in prison after he pleaded guilty to a federal felony charge regarding a threat he made against House Speaker Nancy Pelosi. The man, Cleveland Grover Meredith, Jr., pleaded guilty to interstate communication of threats.

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Felony Statute Government Legal 209

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. The Supreme Court granted certiorari on November 22, 2022.

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Healthcare Court Felony Statute 52

JURIST

JANUARY 3, 2024

The case is in the US District Court for the Western District of Texas Austin Division. The law creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses. Last month, Abbott signed SB 4.

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Immigration Laws Misdemeanor Felony 118

At the Lectern

SEPTEMBER 28, 2023

At its conference yesterday, the Supreme Court’s actions of note included: Whistleblower. The court granted review in Brown v. In an unpublished opinion , the Second District, Division One, Court of Appeal, ruled that retaliation claims by a city’s elected treasurer should have been dismissed under the anti-SLAPP statute.

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Court Felony Statute 45

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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Immigration Court Felony Statute 110

At the Lectern

MAY 4, 2023

” The court’s unanimous opinion by Justice Goodwin Liu notes that since enactment of the statute (Welfare and Institutions Code section 702), “we have thrice remanded for further proceedings to remedy noncompliance with its express declaration requirement.” In In re F.M. ,

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Wobbler Felony Misdemeanor Statute 40

At the Lectern

APRIL 7, 2022

Lopez , the Supreme Court today holds a statute increasing the punishment for gang-related home invasion robberies doesn’t apply to a conviction of conspiracy to commit such a robbery. ” The court reverses the Fifth District Court of Appeal’s published opinion. In People v.

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Statute Felony Court 49

SCOTUSBlog

FEBRUARY 28, 2023

Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. Justices Sonia Sotomayor, Neil Gorsuch, and Ketanji Brown Jackson worried about the due process vagueness concerns that could result from the government’s broad reading of the statute.

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Statute Construction Felony Law School 76

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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Mens Rea Felony Statute Misdemeanor 65

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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Court Statute Felony Laws 40

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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Felony Statute Government Court 95

At the Lectern

MAY 19, 2022

At the Supreme Court’s conference yesterday, actions of note included: Supreme Court allows Governor to commute murder sentence. The court issued writs of review in California-American Water Company v. The court also granted review in People v. Prudholme , a case which the Supreme Court un-held this past December.

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Prima Facie Case Court Felony Statute 49

At the Lectern

MARCH 17, 2021

The Supreme Court today denied review in Hipsher v. Los Angeles County Employees Retirement Association , where, in a published opinion , the Second District, Division Four, Court of Appeal upheld as constitutional a provision of the Public Employees’ Pension Reform Act of 2013 that reduced retirement benefits because of a felony conviction.

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Court Felony Statute 49

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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Court Laws Felony Statute 49

At the Lectern

OCTOBER 11, 2023

At the Supreme Court’s conference today, a double one, there were no straight grants , but there were actions of note, including: Reproductive rights legislation. The court granted review in People v. ” Review was denied in Carpenter v. ” Review was denied in Carpenter v. ” Another ICWA grant-and-hold. .”

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Court Felony Statute Court Decisions 45