JURIST

OCTOBER 18, 2024

Nebraska Secretary of State Robert Evnen had refused to implement the statute after it passed in the Nebraska Legislature, directing election officials to stop registering felons who have not been pardoned by the Nebraska Board of Pardons and challenging the law as unconstitutional.

Statute 197

Statute Court Felony Laws 197

SquirePattonBoggs

FEBRUARY 14, 2023

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),

Mens Rea 59

Mens Rea Felony Statute Court 59

JURIST

JUNE 5, 2021

Van Buren was arrested and charged with a felony violation of the CFAA, under which it is illegal “to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter.”

Court 222

Court Statute Felony Legal 222

CourtTechBulletin

JUNE 20, 2022

In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities, and kickbacks. Proposals must be received by Aug. 1, 2022, 3:00 p.m. The Procurement Code, Sections 13-1-1 to 13-1-199 (NMSA 1978), imposes civil and criminal penalties for its violation.

Felony 173

Felony Statute Court 173

The Crime Report

FEBRUARY 27, 2023

The federal aggravated identity theft statute applies to anyone who “knowingly transfers, possesses, or uses without lawful authority, a means of identification of another person” in relation to certain felonies, Daniel Harawa reports for SCOTUSBlog. In Dubin v.

Statute 75

Statute Felony Court Government 75

JURIST

JUNE 21, 2024

After two heated council meetings, it was alleged that Gonzales had placed the petition—with over 300 signatures—in her binder, violating a Texas anti-tampering statute. Despite her investigation turning up 215 felony charges, these charges dealt with the tampering of driver’s licenses or social security cards, not government petitions.

Court Rules 211

Court Rules Court Felony Statute 211

JURIST

DECEMBER 15, 2021

The US District Court for the District of Columbia Tuesday sentenced a North Carolina man to 28 months in prison after he pleaded guilty to a federal felony charge regarding a threat he made against House Speaker Nancy Pelosi. The trial followed an FBI investigation and prosecution by the US Attorney’s Office for the District of Colombia.

Felony 209

Felony Statute Government Legal 209

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

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. Under the repeal of the statute, citizens who are mere bystanders or witnesses do not have the right to detain people.

Statute 152

Statute Laws Felony Legal 152

SCOTUSBlog

NOVEMBER 2, 2022

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

Statute 92

Statute Government Court Felony 92

JURIST

JUNE 3, 2024

More specifically, there has been debate over the use of force language in the statute. United States and reassess the definition of a “crime of violence” under 18 U.S. Code § 924(c)(3). The court granted the case certiorari and added it to its docket for the 2024 to 2025 term. This brings the court to the issue in Delligatti v.

Court 163

Court Statute Felony Laws 163

SCOTUSBlog

OCTOBER 1, 2021

The stranger just happened to be a plain-clothes officer who knew of Wooden’s felony convictions. Because people with felony convictions are generally prohibited from possessing firearms, when the officer stepped inside and saw a gun, he arrested Wooden. He answered to find an unknown man, who asked to speak with Wooden’s wife.

Felony 131

Felony Statute Government Court 131

SCOTUSBlog

MAY 24, 2021

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. Ashcroft that, under the relevant federal statute, DUI convictions like Palomar-Santiago’s are not aggravated felonies.

Felony 134

Felony Court Immigration Statute 134

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.

Court 203

Court Felony Government Statute 203

SCOTUSBlog

APRIL 14, 2023

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.

Immigration 110

Immigration Statute Felony Court 110

JURIST

JUNE 15, 2021

Under the 2019 decision in Rehaif , the government had to prove both that a defendant knew he possessed a firearm and that he knew he belonged to a category of persons prohibited from possessing firearms in order to convict that defendant under the statute.

Court 188

Court Felony Government Statute 188

The Crime Report

JANUARY 10, 2023

Washington’s Supreme Court declared Washington’s felony drug possession statute unconstitutional in 2021 because it made possession a felony, whether someone was aware of the drugs being on them or not. Lawmakers responded to the ruling by temporarily making drug possession a simple misdemeanor.

Felony 98

Felony Misdemeanor Drafting Statute 98

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.

Felony 105

Felony Statute Legal Legal 105

FDA Law Blog

SEPTEMBER 28, 2023

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.

Felony 52

Felony Misdemeanor Statute Court 52

JURIST

JANUARY 14, 2023

In 2018 Greek authorities charged Sarah Mardini, Seán Binder and 22 other search and rescue volunteers with various misdemeanor and felony offenses, including human smuggling and money laundering, stemming from their efforts to identify and aid migrant boats off the coast of the island of Lesbos. All we want is justice.

Misdemeanor 104

Misdemeanor Felony Statute Court 104

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. Dubin disagrees. A panel of the U.S.

Statute 88

Statute Felony Government Court 88

The Crime Report

MARCH 7, 2022

More than 60 crimes fall under the hate crime statute in New York, from simple menacing to possession of a biological weapon. The state data shows that the more serious felony arrests for hate crimes yielded felony convictions — whether as a hate crime or not — in 19 percent of the cases closed citywide between 2015 and 2020.

Felony 97

Felony Law School Statute Attorney 97

At the Lectern

SEPTEMBER 20, 2021

5th 952 interpreted Penal Code section 1170.95, which was enacted in Senate Bill 1437 , 2018 legislation narrowing murder liability under the felony murder theory and the natural and probable consequences doctrine. Last week, the Legislature sent to the Governor a bill — SB 775 — that would amend the statute.

Prima Facie Case 49

Prima Facie Case Statute Court 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.

Felony 119

Felony Manufacturing Statute Attorney 119

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.

Mens Rea 66

Mens Rea Felony Statute Misdemeanor 66

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.”

Felony 108

Felony Statute Court Construction 108

SCOTUSBlog

FEBRUARY 28, 2023

Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. Justices Sonia Sotomayor, Neil Gorsuch, and Ketanji Brown Jackson worried about the due process vagueness concerns that could result from the government’s broad reading of the statute.

Statute 78

Statute Construction Felony Law School 78

JURIST

JANUARY 3, 2024

The law creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses. The case is in the US District Court for the Western District of Texas Austin Division. Last month, Abbott signed SB 4.

Immigration 118

Immigration Laws Misdemeanor Felony 118

SCOTUSBlog

DECEMBER 6, 2021

The case involves the interaction of two federal criminal statutes. The second statute is 18 U.S.C. § Under the so-called “elements clause,” a crime of violence is any felony that “has as an element the use, attempted use, or threatened use of physical force against the person or property of another.”

Felony 106

Felony Government Statute Court 106

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. Common sense,” he continued, suggests that most people with felony convictions are aware of their legal status as convicted felons.

Court 95

Court Felony Government Misdemeanor 95

SCOTUSBlog

APRIL 19, 2021

United States , holding that a conviction under the federal statute penalizing felons in possession of a firearm requires not only the defendant’s knowledge that he possessed a gun, but also that he knew he had the legal status of a convicted felon. 922(g) , the federal felon-in-possession statute.

Felony 115

Felony Government Statute Court 115

Mondaq

JULY 19, 2021

Denver Partner and Vice-Chair of Lewis Brisbois' Transportation Practice Katherine L. Vaughn, along with Associate Thomas P. Gerwick, were recently awarded summary judgment on behalf of an.

Felony 40

Felony Statute 40

At the Lectern

MARCH 16, 2023

The cases concern resentencing a defendant whose felony-murder conviction is tossed under subsequent legislation narrowing the felony-murder rule. Specifically, the issue is whether a court, when resentencing for the felony underlying the vacated felony-murder conviction, can include an enhancement related to the underlying felony.

Felony 40

Felony Court Construction Statute 40

At the Lectern

JULY 26, 2021

Lewis , the Supreme Court today gives already convicted defendants a better chance of getting relief under Senate Bill 1437 , 2018 legislation which narrowed murder liability under the felony murder theory and eliminated it under the natural and probable consequences doctrine.

Statute 49

Statute Felony Court Laws 49

At the Lectern

APRIL 7, 2022

Lopez , the Supreme Court today holds a statute increasing the punishment for gang-related home invasion robberies doesn’t apply to a conviction of conspiracy to commit such a robbery. In People v. The reconciliation includes walking back some broad language in a 2005 opinion.

Statute 49

Statute Felony Court 49

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. is to know your local rules and statutes. In those years, I have only worked on civil cases, and that was my niche. Knowing the Rules of Evidence.

Paralegal 264

Paralegal Paralegals Criminal Law Laws 264

SCOTUSBlog

DECEMBER 8, 2021

The answer could determine the scope of a federal criminal statute that punishes carrying or using a gun during a “crime of violence.” The statute, 18 U.S.C. § 924(c) , defines “crime of violence” as any felony that involves “the use, attempted use, or threatened use of physical force.”.

Statute 103

Statute Government Felony Legal 103