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US Supreme Court rules reckless offenses do not qualify as ‘violent felony’

JURIST

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). ” Petitioner Charles Borden Jr. ” Petitioner Charles Borden Jr.

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Justices wrestle with procedural issues stemming from their own federal criminal law decision

SCOTUSBlog

None of those convicted persons were aware of the government’s obligation to prove knowledge of their felon status at the time they pleaded guilty; if they went to trial, they neither requested nor received a jury instruction to that effect. ” asked Chief Justice John Roberts. Roberts asked. Roberts broke in.

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Double jeopardy clause bars Georgia from retrying man acquitted by reason of insanity

SCOTUSBlog

Share So what would you expect if a state supreme court wrote an opinion directly inconsistent with “perhaps the most fundamental rule” of the Supreme Court’s jurisprudence in the area, an opinion that would get a failing grade in any law school course on criminal law?

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Los Angeles district attorney charges city councilmember with embezzlement and perjury

JURIST

According to the felony criminal complaint , the state charges Price with two counts of conflict of interest. This alleged conduct undermines the integrity of our government and erodes the public’s trust in our elected officials. The case is in the Superior Court for the State of California for the County of Los Angeles.

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Botched robbery leads to latest test of what constitutes “crime of violence”

SCOTUSBlog

Six years later, the federal government prosecuted Taylor. Under the so-called “elements clause,” a crime of violence is any felony that “has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” The district court sided with the government, but the U.S.

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Off-duty Virginia police officer sentenced to 87 months for January 6 riot

JURIST

Moerschel is additionally charged with destruction of government property and aiding and abetting. Ulrich and Moerschel are the latest of 18 defendants to be charged in this case.

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Was Rittenhouse’s Possession of the AR-15 Unlawful?

JonathanTurley

At trial, however, prosecutor Thomas Binger at points seemed to be learning the governing law from Rittenhouse. Criminal laws are supposed to be interpreted narrowly. For example, in 1547, the court was faced with a law making it a felony of steal “Horses, Geldings or Mares.”

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