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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.

Felony 161
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“Enticing The Crowd With Music”: Miami Police Charge Rapper With Rioting Offenses

JonathanTurley

That creates a dangerously fluid and subjective basis for criminal charge, even a misdemeanor. The most serious charge is the third-degree felony which can lead to up to five years in prison. . — Whoever shall resist, obstruct, or oppose any officer as defined in s. 775.082 or s. Enticing with music? 775.082 or s. 775.082, s.

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Columbus Shooting Sparks Protests Despite Videotape Showing Knife Attack

JonathanTurley

The incident has strikingly similar legal issues to the shooting of Adam Toledo in Chicago. Garner addressed a fleeing unarmed suspects and found the state statute too broad: The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable.

Felony 47
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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. I have a legal education.” Criminal laws are supposed to be interpreted narrowly. Criminal laws are supposed to be interpreted narrowly.

Statute 59
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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law Blog

The Court instead interpreted the term, as used in the AKS, to mean an intentional violation of a known legal duty, but concluded that “the mens rea element goes no further.” Pfizer appealed to the Second Circuit, which again ruled against Pfizer. The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.

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No Walk in the Park: JAMA Editorial Calls for More Park Prosecutions; We Disagree

FDA Law Blog

The JAMA editorial notes that there are few Park cases for two primary reasons: [The government] may lead. Second, because of this strict liability exposure, an individual can be charged with an FDC Act misdemeanor as a lesser included offense any time DOJ charges an FDC Act felony. A Park case should be no different.

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‘Jailhouse Screening’ Puts Undocumented Immigrants at Greater Risk: Paper

The Crime Report

Moreover, immigration screening, although it takes place in jails, is not accompanied by the same procedural protections as criminal law that is meant to stop government overreach. Although he explained he is a legal U.S. citizen to employees at the jail, he had no way of legally contesting the detainer while in custody.