Patently O

FEBRUARY 3, 2023

by Dennis Crouch The Supreme Court will be handling some significant cases over the next few months that may have a major impact for folks working in IP & Tech fields. The question is whether his intent (mens rea) matters, or can he be convicted based only upon the reasonably perceived threat of the recipient.).

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JURIST

JUNE 27, 2022

The US Supreme Court Monday ruled that the US government must prove beyond a reasonable doubt that a doctor knowingly prescribed opioids “in an unauthorized manner” in order to secure a conviction for the illegal distribution of controlled substances. In the case of Ruan v. Ruan was separately charged with money laundering.

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Court Rules Court Government Mens Rea 211

JURIST

OCTOBER 30, 2022

Every clause in the blasphemy law was modified or changed when Zia was leader, and the intent or mens rea requirement was completely removed. He spent more than a year of his life behind bars while anticipating what seemed to be a death sentence when the Supreme Court granted him bail.

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Constitutional Law Reporter

JULY 19, 2023

Supreme Court held that to establish that a statement is a “true threat” unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of the statements’ threatening nature, based on a showing no more demanding than recklessness. The Colorado Supreme Court denied review. In Counterman v.

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FDA Law Blog

JUNE 28, 2022

Supreme Court (six justices) issued a noteworthy opinion on criminal liability related to prescribers of controlled substances. The Supreme Court granted certiorari to resolve the Circuit split. Gilbert & Karla L. Palmer — On June 27, 2022, in one of the last opinions issued during its current term, a majority of the U.S.

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At the Lectern

NOVEMBER 27, 2023

Curiel , the Supreme Court today holds that a defendant serving a life-without-parole sentence for a murder committed by another should have had an evidentiary hearing to determine his eligibility for resentencing under post-conviction legislation that restricted vicarious murder liability. In People v. Sanchez (2016) 63 Cal.4th

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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. In this case, the court had to decide whether the term “violent felony” includes crimes committed with a reckless state of mind. The case came to the court after Charles Borden Jr. Share In Borden v.

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At the Lectern

JULY 20, 2023

Carney , the Supreme Court today holds that defendants who participated in a gang gun fight can be guilty of first degree murder even though they definitely didn’t fire the shot that killed the victim. The court’s unanimous opinion by Justice Martin Jenkins is a follow-up to an earlier decision — People v.

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At the Lectern

FEBRUARY 15, 2024

The Supreme Court yesterday announced it will hear six oral arguments in March, the biggest calendar of the term. The Chief Justice predicted last month that the court’s opinion output would increase during the term’s second half. The court granted review in March 2022. Vigilant Insurance Co. :

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Calendaring Mens Rea Entertainment Court 45

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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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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SCOTUSBlog

MARCH 2, 2022

For nearly 90 minutes on Tuesday, the court grappled with the question of whether good faith is a defense for doctors criminally prosecuted for unlawful distribution of controlled substances. In the end, it was not clear what direction the court is likely to take. Kavanaugh compared the facts at issue to an older case, Morrissette v.

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Patently O

AUGUST 30, 2022

US , 21-1576 (Supreme Court 2022). Supreme Court, Smith argues that venue was improper in Florida. In analyzing proper venue in Federal criminal cases the courts have a two-step approach: (1) identify the essential conduct elements of the crime; and (2) determine where those conduct elements were committed. by Dennis Crouch.

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SCOTUSBlog

JANUARY 14, 2021

The FTC commonly uses that authority to seek what it characterizes as “restorative” monetary awards on the theory (supported by old Supreme Court cases and dominant for half a century in the courts of appeals) that the statutory authority to obtain an “injunction” implicitly includes all traditional forms of equitable relief.

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The Crime Report

JANUARY 6, 2022

Moreover, as part of the War on Drugs, the Supreme Court has given law enforcement the weapons necessary to declare war on certain communities, namely areas demarcated or branded as “high crime areas” — and thus allow for easier search warrant approval. She also suggests requiring higher justification for no-kick entry warrants.

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Laws Mens Rea Legal Legal 131

SCOTUSBlog

FEBRUARY 28, 2022

Share In the midst of a national opioid crisis that claimed more than 100,000 lives in this country over the past year, the Supreme Court will hear a case on Tuesday about the relevance of doctors’ subjective intentions in criminal prosecutions for unlawful distribution of controlled substances. While on the surface, the case, Ruan v.

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The IP Law Blog

MARCH 2, 2021

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. Summary of the Supreme Court’s Opinions. 3 However, because the district court also found that Fossil had not acted willfully, the district court refused Romag’s request for a profits award.

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LexForti

JANUARY 12, 2022

Whatever the mens-rea may be, the actus-reus was the total elimination of a clan. According to Article VI of the Convention , a person charged with the offence of committing Genocide, shall be tried by the court that has the territorial Jurisdiction over the place, where the act happened. Danzo assigning Itachi the mission.

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Laws Mens Rea Contract Court 52

JURIST

APRIL 15, 2024

That question kept Colleen Sinzdak, counsel for the US government, busy for almost all of her argument before the US Supreme Court earlier today. This case asks the Supreme Court to decide whether 18 U.S.C. § Her response: a person behaves corruptly when they know they are doing wrong. I attended oral arguments in the case Snyder v.

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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. It’s a bedrock principle of criminal law that crimes require an actus reus (the prohibited act) and the requisite mens rea (mental state).

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LexForti

OCTOBER 14, 2021

The Jammu & Kashmir and Ladakh High Court, while hearing a defamation complaint filed against Editor-in-Chief of Republic TV Arnab Goswami and journalist Aditya Raj Kaul, made an observation that reporting of allegations levied against official duties of public figures does not amount to defamation.

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LexForti

NOVEMBER 17, 2022

In a parallel vein, the Juvenile Justice Act was passed into law in order to shield minors from crimes like “sexual assault, sexual harassment, and pornography” and to provide for the institution of Special Courts to conduct special proceedings for crimes of such manner as well as connected concerns and occurrences.

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Statute Court Mens Rea Legal 52

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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JonathanTurley

JUNE 17, 2022

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. See People v. Gillespie, 2022 Cal. Indeed, in People v.

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JonathanTurley

DECEMBER 20, 2022

That is a far cry from evidence showing mens rea — “guilty mind.” That speech appears protected by the First Amendment and existing Supreme Court precedent. There were discussions of appointing Trump attorney Sidney Powell as a special counsel , seizing voting machines or replacing the Justice Department’s leadership.

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