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International issues in criminal law: Extradition of El Chapo and extraterritoriality in Nigeria

SCOTUSBlog

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether defendants have standing to assert violations of an extradition treaty and whether the wire fraud statute applies extraterritorially to reach a defendant’s conduct committed only in Nigeria. Ojedokun v. Guzman Loera v.

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Could Cosby Sue For Wrongful Conviction?

JonathanTurley

Roughly 30 states and the District of Columbia have statutes allowing for recovery for wrongful convictions and imprisonment. One question is whether Cosby could now sue for not just the prosecution but the incarceration in light of the ruling of the Supreme Court. Pennsylvania is not one of them (which is quite surprising).

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Government seeks review of federal gun regulations on domestic abusers, bump stocks

SCOTUSBlog

Both cases arise under the federal firearm statute, 18 U.S.C. § Enacted by Congress in 1994, Section 922(g)(8) criminalizes gun ownership by anyone subject to a domestic-violence restraining order. Courts of Appeals for the 6th, 10th, and District of Columbia Circuits that rejected challenges to the bump-stock regulation.

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Ninth Circuit Rules Against Las Vegas Officer in Anti-Police Protest Case

JonathanTurley

When Plaintiffs refused to stop chalking, Sergeant Wallace decided to issue a citation to each plaintiff for violation of Nevada’s graffiti statute, which criminalizes conduct that “places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner.” .

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Supreme Court Takes Up Obstruction Case Affecting J6 Defendants

JonathanTurley

The case involves the interpretation of a federal statute prohibiting obstruction of congressional inquiries and investigations. District Judge Carl J. Nichols of the District of Columbia dismissed the 1512(c)2 charges. Court of Appeals for the District of Columbia Circuit erred in construing 18 U.S.C.

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Justices take up bump stock dispute

SCOTUSBlog

But even if the definition were not clear, the 5th Circuit continued, bump stocks should be excluded from the definition of “machinegun” under the rule of lenity, a doctrine that instructs courts to apply ambiguous criminal laws in the way that is most favorable to defendants. The 6th Circuit ruled that the regulation is ambiguous.

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Supreme Court to hear Trump’s bid for criminal immunity

SCOTUSBlog

Court of Appeals for the District of Columbia Circuit to rule on Trump’s appeal. To the contrary, a bedrock principle of our constitutional order is that no person is above the law — including the President.” The laws under which Trump has been charged are intended to cover everyone, Smith writes.

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