JURIST

MAY 10, 2021

Georgia Governor Brian Kemp Monday signed a bill that repeals an 1863 civil war-era statute , one year after Ahmaud Arbery was fatally shot. The law was frequently used during the lynching era to justify mob violence against Black people. ” The bill makes Georgia the first state to repeal a citizen’s arrest statute. .”

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Statute Laws Felony Legal 152

FDA Law Blog

AUGUST 4, 2022

Kirschenbaum — In a recent decision, the Second Circuit upheld the HHS Office of the Inspector General (OIG)’s position that Pfizer’s proposed copay assistance program for its high-cost heart treatment would violate the Federal Anti-Kickback Statute (AKS). The Second Circuit’s Interpretation of the Anti-Kickback Statute. Pfizer, Inc.

Statute 98

Statute Mens Rea Manufacturing Court 98

SCOTUSBlog

APRIL 14, 2023

Cordero-Garcia , involving whether a federal law that allows the government to deport noncitizens convicted of “an offense relating to obstruction of justice” applies even to cases that are not connected to open investigations or judicial proceedings. In 2014, Pugin pleaded guilty in Virginia to being an accessory after the fact to a felony.

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Immigration Statute Felony Court 109

JURIST

MAY 25, 2021

Palomar-Santiago , involved Refugio Palomar-Santiago, a Mexican citizen who became a lawful permanent resident in 1990. In 1998, an immigration judge found that Palomar-Santiago had committed an aggravated felony under the federal immigration laws when he was convicted for driving under the influence. The case, US v.

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Court Rules Court Immigration Felony 196

Paralegal Bootcamp

JULY 28, 2022

Then, an opportunity came along to work for the County Public Defender’s Office, defending people in misdemeanor, felony, and now the only paralegal in the office on capital cases. So, what are the things we do that get YOU thinking this could be the best career decision you make as a Criminal Law Paralegal? Communicate with Clients.

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Paralegal Paralegals Criminal Law Laws 264

SCOTUSBlog

JUNE 28, 2022

Sherif Girgis is an associate professor of law at Notre Dame Law School. Applying that test, Dobbs holds: (a) From the 1200s to 1960, no statute, no English case, no state case, no federal case, no legal treatise, and no law-review article hinted at an abortion right. Jackson Women’s Health Organization. What support?

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Laws Felony Statute Legal 144

SCOTUSBlog

FEBRUARY 24, 2023

Share The federal aggravated identity theft statute imposes a two-year sentence for any person who, “during and in relation to” certain enumerated felonies, “knowingly transfers, possesses, or uses without lawful authority, a means of identification of another person.” United States. United States. A panel of the U.S.

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Statute Felony Government Court 88

JURIST

JANUARY 12, 2024

The Trumbull County prosecutor’s office stated that, after evaluating the case, they believed Watts did not violate the Ohio Criminal Statute of Abuse of a Corpse. Watts had initially been charged with felony abuse of a corpse in October after Warren County police found the remains of her pregnancy in her toilet and trash.

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Felony Healthcare Statute Court 249

JURIST

JUNE 5, 2021

Sergeant Nathan Van Buren was paid $5,000 by an FBI informant to run a license plate number through a law enforcement database. Justice Amy Coney Barrett, writing for the majority, held that the plain meaning of the text of the statute aligns with Van Buren’s argument.

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Court Statute Felony Legal 222

The Crime Report

JULY 27, 2021

Since 2006, when meth labs were appearing across rural communities, Alabama has made it a felony to expose a child to a chemically toxic environment by enforcing heavier penalties on people who make drugs around children, exposing them to the vapors that are emitted in the creation of crack and meth.

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Felony Statute Legal Legal 105

At the Lectern

JUNE 26, 2023

Prudholme , the Supreme Court today holds that legislation reducing maximum probation terms applies retroactively and, when so applied, doesn’t jeopardize a plea agreement reached under the harsher superseded law. In People v. Stamps (2020) 9 Cal.5th Stamps (2020) 9 Cal.5th

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Statute Court Rules Court Felony 40

JURIST

DECEMBER 10, 2023

Additionally, in response to the TRO, Paxton sent a letter to the plaintiff’s hospital, warning that the TRO “ will not insulate hospitals, doctors, or anyone else, from civil and criminal liability for violating Texas’ abortion laws.” This is why people should not need to beg for healthcare in a court of law.

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Court Felony Healthcare Statute 211

SCOTUSBlog

MAY 24, 2021

Palomar-Santiago , involved Refugio Palomar-Santiago, a Mexican citizen who became a lawful permanent resident – that is, a green card holder – in 1990. Eight years later, an immigration judge found that his California conviction for driving under the influence was an aggravated felony under the federal immigration laws.

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Court Felony Immigration Statute 133

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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Statute Construction Felony Law School 78

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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Court Felony Government Statute 203

JURIST

JUNE 15, 2021

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

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Court Felony Government Statute 188

Livesay&Myers

APRIL 5, 2021

Effective July 1, 2021, Virginia law will no longer require a corroborating witness for a divorce based on no-fault grounds. The new law makes it significantly easier to obtain a no-fault divorce in Virginia. The post New Law Makes No-Fault Divorce Easier in Virginia appeared first on Livesay & Myers, PC.

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Divorce Laws Family Law Statute 90

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. Jeffrey Fisher, a Stanford law professor representing Gary, defended the 4th Circuit’s structural-error approach. Roberts asked.

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Criminal Law Laws Felony Government 100

SCOTUSBlog

OCTOBER 28, 2022

922(g) prohibits people with felony convictions from possessing a firearm. United States that to be convicted under the felon-in-possession statute, the government has to prove not only that the defendant knowingly possessed a gun, but that he knew he was prohibited from doing so. But the problem is the law, not the car.

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Felony Statute Government Court 97

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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Mens Rea Felony Statute Misdemeanor 66

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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Court Felony Statute Laws 53

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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Laws Misdemeanor Felony Statute 46

At the Lectern

JUNE 17, 2021

Esquivel today expands the number of convicted defendants who can take advantage of new statutes that reduce prison terms and that apply retroactively to non-final judgments. if the defendant may still timely obtain direct review of an order revoking probation and causing the state prison sentence to take effect.

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Court Laws Felony Statute 49

Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. The appeals court found that the “plain meaning” of the word “use” is “to employ for the accomplishment of some purpose” or “ ‘to avail oneself of,” (quoting Black’s Law Dictionary 1776 (10th ed. Facts of the Case.

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Healthcare Court Felony Statute 52

JURIST

JUNE 17, 2021

For the past 140 years, North Carolina has criminalized the “procurement or administration of abortion as a felony.” Therefore, abortion “providers brought suit on behalf of themselves and their patients against the State officials responsible for enforcing [North Carolina’s abortion laws].”

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Court Felony Statute Legal 129

At the Lectern

AUGUST 12, 2021

Raybon , the Supreme Court today concludes that Proposition 64, a 2016 initiative that in general allowed adults to possess limited amounts of cannabis, did not override an existing statute banning possession of controlled substances in state correctional facilities.

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Statute Legal Legal Felony 49

The Crime Report

OCTOBER 18, 2021

“Most defendants in federal firearms cases are charged pursuant to the Gun Control Act of 1968, which regulates interstate and foreign firearms commerce and prohibits certain persons, such as those with felony convictions, from possessing a firearm,” the study said. Federal law also penalizes the criminal use of firearms.

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Felony Manufacturing Statute Attorney 119

The Crime Report

APRIL 14, 2022

Do state laws permitting individuals to carry concealed weapons undermine federal legislation banning weapons in the vicinity of schools? Resolving the contradiction will require an amendment, according to a paper in the Texas Tech Law Review. candidate at the Texas Tech University School of Law and author of the paper.

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Felony Law School Laws Statute 122

SCOTUSBlog

DECEMBER 6, 2021

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. § law firm in 2019.

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Felony Government Statute Court 105

The Crime Report

APRIL 11, 2022

Starr County, Texas district attorney Gocha Allen Ramirez, has dismissed the murder charge levied against Lizelle Herrera for having a “self-induced abortion,” saying that it was clear that she did not commit a criminal act under state law, reports the New York Times.

Felony 40

Felony Statute Attorney Laws 40

At the Lectern

OCTOBER 19, 2023

The Supreme Court agreed to decide an another issue arising from the 2018 legislation — Senate Bill 1437 — that limited criminal liability for felony murder. Statute of limitations for UCL claims against insurers. See here for discussion of a prior SB 1437 decision and here for discussion of another pending SB1437 case.

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Court Statute Felony Laws 40

The Crime Report

NOVEMBER 2, 2023

On Wednesday, Digmon was also charged with two felony counts of violating state ethics law for allegedly using her school board position to solicit a thing of value by selling more than $2,500 in advertisements to the board. ” Abuse of grand jury information is a felony under Alabama law.

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Felony Contract Attorney Laws 105

JonathanTurley

OCTOBER 6, 2022

PETA and other groups have called the activists “heroes” f or their actions but prosecutors are seeking convictions for felony burglary and theft charges. The common law allowed for citizen arrests as members of the public responded to the “hue and cry” of others.

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Felony Misdemeanor Tort Statute 38

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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Immigration Court Felony Statute 110

JURIST

APRIL 4, 2024

New York’s Senate on Wednesday overwhelmingly approved a bill to repeal a largely unused law from 1907 that made adultery a criminal offense. If signed, the adultery statute will be immediately repealed. Senate Bill S8744 repeals New York Penal Law Section 255.17. Several states have laws criminalizing adultery.

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Misdemeanor Laws Felony Statute 223

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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Statute Government Felony Legal 102

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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Statute Misdemeanor Criminal Law Felony 58