article thumbnail

“Government Wins Another Fragile Victory For Key Felony Charge in Jan. 6 Cases; Appeals judges’ acceptance of the government’s positions have been 100-percent correlated with the political party of the judge’s appointer”

HowAppealing

Government Wins Another Fragile Victory For Key Felony Charge in Jan. 6 Cases; Appeals judges’ acceptance of the government’s positions have been 100-percent correlated with the political party of the judge’s appointer”: Roger Parloff has this post at the “Lawfare” blog.

Felony 100
article thumbnail

The Unfinished Business of Felony Murder

The Crime Report

In 2017, the Massachusetts Supreme Judicial Court abolished key aspects of its “felony murder rule,” the common law doctrine that made everyone involved in a felony that resulted in death guilty of first-degree murder—guilty even if they personally inflicted no violence and never intended to hurt anyone. The Rest of the Iceberg.

Felony 139
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

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). had pleaded guilty to a felon-in-possession charge, and the government sought to apply the enhanced sentence under the ACCA.

Felony 161
article thumbnail

Court limits definition of “violent felony” in federal gun-possession penalty

SCOTUSBlog

Share A fractured Supreme Court on Thursday narrowed the scope of a key phrase in the Armed Career Criminal Act, ruling that crimes involving recklessness do not count as “violent felonies” for the purpose of triggering a key sentencing enhancement. Justice Clarence Thomas did not join Kagan’s opinion but concurred in the result.

Felony 128
article thumbnail

Hawaii Commission Urges New State Felonies to Combat Public Corruption 

The Crime Report

A Hawaii standards commission has recommended new felony offenses for the state that would open up potential new state-level charges in corruption cases against Hawaiian officials, Blaze Lovell reports for Honolulu Civil Beat.

Felony 98
article thumbnail

Proud Boys HI founder pleads guilty to felony charges for Jan 6 riot participation

JURIST

The indictment contained charges of conspiracy, obstruction of an official proceeding, destruction of government property and disorderly and disruptive conduct in a restricted building or grounds. The post Proud Boys HI founder pleads guilty to felony charges for Jan 6 riot participation appeared first on JURIST - News.

Felony 104
article thumbnail

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

SquirePattonBoggs

A)(1), does not qualify as a violent felony under the Armed Career Criminal Act (commonly referred to as “ACCA”). A)(1) did qualify as a violent felony under ACCA. 2022), the Sixth Circuit read Borden as requiring a purposeful or knowing mens rea for offenses deemed violent felony predicate offenses. . § 2911.01(A)(1),