JURIST

APRIL 24, 2021

The Supreme Court on Tuesday heard oral arguments in two cases involving one of its own precedents regarding felony firearms possession. The issues in both cases involves the federal law that prohibits felons from possessing firearms, 18 USC §922(g). Two years ago in Rehaif v.

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JURIST

JUNE 15, 2021

United States involved 18 USC §922(g) , the federal law prohibiting felons from possessing firearms. His conviction was vacated, and the government appealed. The court found that neither carried that burden, as both had been convicted of multiple felonies prior.

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SCOTUSBlog

FEBRUARY 28, 2023

United States felt like a legislation class in law school, with various canons of statutory construction being bandied about. Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. Share In many ways, Monday’s oral argument in Dubin v.

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SCOTUSBlog

APRIL 21, 2021

922(g) , the federal statute making it a crime for a convicted felon to possess a firearm, applies only to people who know they are “felons” within the meaning of that law. ” Is the government arguing that the appeals court can consider such a statement regardless of its admissibility? Roberts asked.

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SCOTUSBlog

OCTOBER 28, 2022

The federal government – which prosecuted Jones – says the 8th Circuit got the reasoning wrong but the outcome right: It urges the Supreme Court to correct the lower court’s error but deny Jones relief. 922(g) prohibits people with felony convictions from possessing a firearm. Here is the background: 18 U.S.C. §

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SCOTUSBlog

JUNE 24, 2021

Under the ACCA, a person who has three violent felony convictions and is then convicted of possessing a firearm faces a mandatory minimum sentence of 15 years. In this case, the court had to decide whether the term “violent felony” includes crimes committed with a reckless state of mind. Borden objected. Ashcroft and Voisine v.

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SCOTUSBlog

DECEMBER 6, 2021

Six years later, the federal government prosecuted Taylor. The case involves the interaction of two federal criminal statutes. The first is the Hobbs Act , a 1946 law that makes it a federal crime to commit robbery (or attempt to do so) in a way that affects interstate commerce. The second statute is 18 U.S.C. §

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JonathanTurley

JUNE 7, 2023

At issue was the federal “felon-in-possession” law—18 U.S.C. § The federal law makes it “unlawful for any person. When his wife recently bought him a deer-hunting rifle, he learned that he was barred under federal law. It also is an appeal that would be made by the United States over the invalidation of a federal statute.

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At the Lectern

FEBRUARY 22, 2024

Superior Court and Law Foundation of Silicon Valley v. ” Division Two held the statute applies only to those enhancements that were “imposed and executed,” not “imposed and stayed.” Newspersons’ shield law. The court granted review in both City of Gilroy v. ” Prior prison enhancements.

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The Crime Report

OCTOBER 18, 2021

States and localities take the lead in addressing violent crime, including gun crime, but the figures are a reflection of the key role played by the federal government in curbing illegal firearms. Federal gun laws regulate receipt and possession of firearms as well as their manufacture, importation, distribution, and transfer.

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SCOTUSBlog

DECEMBER 8, 2021

But after 90 minutes of debate, none of the analogies, no matter how fanciful, seemed much help as the justices struggled to solve a statutory puzzle involving attempted robbery, threats of violence, and two federal laws with expansive language. The statute, 18 U.S.C. §

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FDA Law Blog

NOVEMBER 27, 2023

According to the government, these companies knew as early as 2012 that their dehumidifiers were defective, in that they could overheat and catch fire. In 2021, DOJ announced that the Gree Companies agreed to plead guilty to one felony count for willfully failing to report consumer product safety information as required by the CPSA.

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SCOTUSBlog

APRIL 20, 2023

Cordero-Garcia , the justices sought to define the contours of an “offense relating to the obstruction of justice,” which is one among the prior convictions that subjects noncitizens to mandatory removal from the United States as an “aggravated felony.” Martha Hutton argues for Jean Francois Pugin.

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SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Judge Gregg Costa, joined by six other judges, wrote that “[t]he Supreme Court’s message is unmistakable: Courts should not assign federal criminal statutes a ‘breathtaking scope’ when a narrower reading is reasonable.”

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The Crime Report

JANUARY 18, 2022

While most Americans believe arrested people go to court soon after their arrest, Constitutional guarantees of a “fair and speedy trial” are infrequently honored in our under-resourced criminal justice system, according to a study produced by the Deason Criminal Justice Reform Center at the Southern Methodist University Dedman School of Law.

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At the Lectern

APRIL 28, 2022

No comparable statute exists for potential gravely disabled conservatees, but today’s opinion by Justice Carol Corrigan concludes that those potential conservatees are similarly situated with NGIs, and that constitutional equal protection principles thus require the government to “justify its differential treatment.”

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JonathanTurley

NOVEMBER 14, 2021

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. It is also hard to instruct a jury on an ambiguous statute.

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SCOTUSBlog

MAY 27, 2022

Under RLUIPA, the government may not “impose a substantial burden on the religious exercise of a person residing in or confined to an institution,” unless the government proves the restriction is “in furtherance of a compelling governmental interest” and is “the least restrictive means of furthering” that government interest.

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SCOTUSBlog

NOVEMBER 2, 2022

In its petition , Abitron argues that the approach of the 10th Circuit conflicts from those of other circuits, which apply a total of six different tests for “deciding whether the Lanham Act governs a defendant’s foreign conduct.”. Claiming rights to water from the Colorado River itself, the Navajo Nation sued the federal government.

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Constitutional Law Reporter

JUNE 29, 2021

Former Georgia police sergeant Nathan Van Buren used his patrol-car computer to access a law enforcement database to retrieve information about a particular license plate number in exchange for money. Largely relying on textual analysis, the majority rejected the Government’s arguments in favor of its narrow interpretation of the CFAA.

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FDA Law Blog

NOVEMBER 6, 2022

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. By Sophia R. 3d 774 (7th Cir. 2011), here , and United States v.

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SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Next up is Kelly v.

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SCOTUSBlog

JANUARY 8, 2024

Singh , in which the court will consider what kind of notice the government must provide before a noncitizen can be deported for not appearing in court. 1229(a) , the government must provide a “notice to appear” in all removal proceedings. Under 8 U.S.C. Tori Madden) The question before the justices on Jan. Yonas Fikre, a U.S.

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JonathanTurley

APRIL 21, 2021

Garner and other case law. 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. It is not better that all felony suspects die than that they escape. In Graham v.

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SCOTUSBlog

MARCH 28, 2022

(The Georgia House responded by passing a bill providing that anyone seeking to enforce Chisholm would be “guilty of a felony and shall suffer death, without benefit of clergy, by being hanged.”). Similarly, Katz and PennEast include detailed histories of English and early American law on bankruptcy or eminent domain.

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SCOTUSBlog

JUNE 24, 2023

Share Federal immigration law requires the deportation of noncitizens who are convicted of an aggravated felony, which includes offenses “relating to obstruction of justice.” Pugin pleaded guilty to being an accessory after the fact to a felony, while Cordero-Garcia was convicted of dissuading a witness from reporting a crime.

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At the Lectern

OCTOBER 14, 2022

Burgos and limited briefing to: “Does the provision of Penal Code section 1109 governing the bifurcation at trial of gang enhancements from the substantive offense or offenses apply retroactively to cases that are not yet final?” The dissent claimed “section 1109 is not an ameliorative statute. Tran (2022) 13 Cal.5th

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At the Lectern

NOVEMBER 11, 2021

Four-justice separate statement, citing amicus letters, urges legislative action on vessel speed limit statute. The court also agreed to hear Law Finance Group, LLC v. Those, and other actions of note, were: Supreme Court will decide constitutionality of LGBT rights legislation. Supreme Court signs off on two more clemency grants.

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At the Lectern

APRIL 29, 2021

where the Second District, Division Five, Court of Appeal, in a published opinion , affirmed almost $170,000 in attorneys fees after a jury awarded less than $22,000 for a violation of the Song-Beverly Consumer Warranty Act (commonly known as the “lemon law”) in the sale of a used car. HNL Automotive Inc. Offley (2020) 48 Cal.App.5th

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SCOTUSBlog

MARCH 30, 2022

Ross , involving a dormant commerce clause challenge to a California law prohibiting the sale of pork unless the pigs from which it was made (virtually all of which come from outside the state) were raised consistent with the state’s restrictive standards. Issue : Whether the statute of limitations for a 42 U.S.C. Goertz , 21-442.

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The Crime Report

JANUARY 6, 2023

People walk dangerous routes when the government eliminates or fails to provide legal avenues that are safe, permanent and predictable whether it’s across the street or across an international border. The problems with the absence of permanent and lawful paths to entry have been decades in the making. Thompson that U.S.

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JURIST

JUNE 24, 2023

Texas that Texas and Louisiana do not have constitutional standing to sue the federal government over a 2021 Homeland Security Memorandum that focuses immigration enforcement actions on non-citizens who are suspected of terrorism, committed serious crimes or are caught at the border entering illegally.

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JURIST

JANUARY 26, 2024

. “ The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting States, including immigration laws on the books right now ,” Governor Abbott’s statement reads. Texas intensified its border security measures with the launch of Abbott’s Operation Lone Star in March 2021. .”

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JURIST

FEBRUARY 15, 2023

The Minnesota Supreme Court Wednesday upheld a state law prohibiting convicted felons from voting while on probation or parole in a 3-1 ruling. The law at issue, Minn. The appellants, two convicted felons, argued that the law violates Article VII , Section 1, of the Minnesota Constitution.

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SCOTUSBlog

JUNE 15, 2021

922(g) , the federal statute barring people with prior felony convictions from possessing firearms, the government must prove that the defendant knew he was a felon at the time he possessed a firearm. ‘Felony status is simply not the kind of thing that one forgets.’”.

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SCOTUSBlog

SEPTEMBER 21, 2023

The failure to comply with these requirements is a felony under Florida law. He argues that there is a divide among the courts of appeals over whether similar sex-offender regimes place registrants “in custody” for purposes of the habeas statute. In support, Clements points to a 2019 ruling by the U.S. Cooperatieve Rabobank U.A.

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SCOTUSBlog

MARCH 8, 2022

The Armed Career Criminal Act mandates a 15-year mandatory minimum for Section 922(g) offenders (the federal felon-in-possession-of-a-firearm statute) with at least three prior violent felony or serious drug offense convictions, so long as those convictions were “ committed on occasions different from one another.”

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