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Texas Appeals Court overturns voter fraud conviction of woman who voted despite felony conviction

JURIST

The Court of Appeals of the Second Appellate District of Texas threw out a voter fraud conviction Thursday that would have put a Texas woman accused of voting while on supervised release after being convicted of a felony behind bars for five years. The ballot contained language putting former felons on notice of possible legal ramifications.

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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.

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Fool Me Once, Shame on You. Fool Me Twice and It’s a Federal Felony—Always?

FDA Law Blog

Walsh — As readers of the FDA Law Blog know, the FDC Act is a strict liability criminal enforcement statute that can impose criminal misdemeanor penalties on a person without any showing of intent. His arguments were rejected by the district court, and the 9th Circuit affirmed the felony conviction.

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In habeas case, the liberal justices try to untangle a complex statute

SCOTUSBlog

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Justice Ketanji Brown Jackson’s questioning proposed a way of reading the statute that relies on its overall structure, directing a court to go down a list of provisions like a roadmap of decision. “If

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Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute

FDA Law Blog

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.

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US Supreme Court rules against Mexico citizen contesting indictment

JURIST

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. In that case, it was held that under the relevant federal statute, DUI convictions such as that of Palomar-Santiago’s are not aggravated felonies.

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Pair of immigration cases come to the court on key issue in some deportation proceedings

SCOTUSBlog

Congress extended the Immigration and Nationality Act, which regulates immigration into the United States, in 1988 to give immigration enforcement authorities, now the Department of Homeland Security, the power to automatically deport noncitizens convicted of an “aggravated felony” at the state or federal level.