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Panel Holds that Ohio Aggravated Burglary Statute Does Not Count as Predicate Violent Felony under ACCA. 

SquirePattonBoggs

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. The Sixth Circuit reversed the District Court’s contrary decision. Borden ’s mens rea requirement mattered here because, on its face, R.C. White , No.

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Texas man sues 3 women for allegedly aiding his ex-wife obtain abortion medication

JURIST

Marcus Silva’s petition states that under Texas’ murder and wrongful-death statutes, a self-managed abortion is the crime of murder, and the three women can be sued for wrongful death. Therefore, the court does not have any license to put aside Texas’ abortion laws.

Mens Rea 104
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Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute

FDA Law Blog

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.

Statute 98
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Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act

SCOTUSBlog

Share With a majority opinion that will be one of Justice Stephen Breyer’s last for the Supreme Court, the court on Monday ruled 9-0 that two alleged opioids “pill mill” doctors could not be convicted absent a jury finding that they subjectively believed they were wrongfully dispensing pills. The case, Ruan v.

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Supreme Court Clarifies First Amendment Test for True Threats

Constitutional Law Reporter

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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SCOTUS dispatch: government lawyer grilled for an hour on meaning of federal corruption statute

JURIST

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. § The party briefs mostly focused on the word “rewarded” in the statute. United States.

Statute 129
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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law Blog

Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.