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

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Statute Government Court Felony 91

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.

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Statute Mens Rea Manufacturing Court 98

JURIST

MARCH 26, 2023

Wade , does not impact the statute’s constitutionality. 20-134 categorizes “employing means to cause an abortion” as a third-degree felony. Additionally, the statute makes women who undergo abortion treatment guilty of misdemeanors. Public Law No.

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Statute Misdemeanor Court Rules Felony 197

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.

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Felony Statute Court 173

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.

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Immigration Statute Felony Court 108

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.

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Felony Misdemeanor Drafting Statute 98

JURIST

MAY 25, 2021

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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Court Rules Court Immigration Felony 196

JURIST

MARCH 16, 2023

The enjoined statute provides that individuals who perform abortions on pregnant persons can be charged with a class C felony unless the pregnancy is a result of rape or insest or the abortion is performed to prevent death of the pregnant person.

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Court Felony Statute Litigation 197

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.

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Prima Facie Case Statute Court Felony 49

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.

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Felony Court Construction Statute 40

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.

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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.

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Statute Felony Government Court 87

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.

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Statute Laws Felony Legal 152

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

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.

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Felony Statute 40

At the Lectern

JUNE 26, 2023

Addressing whether a Stamps -like remand is appropriate, the court today finds ambiguity in determining whether the Legislature in the probation statute amendment “intend[ed] to exercise its own authority to change the terms of an existing plea bargain to reduce the length of an agreed-upon term of probation.” In People v.

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Statute Court Rules Court Felony 40

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.”

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Court Statute Felony Legal 222

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.

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Felony Statute Government Court 129

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.

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Felony Statute Government Legal 209

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

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.

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Court Felony Immigration Statute 132

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.

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Immigration Laws Misdemeanor Felony 118

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.

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Statute Construction Felony Law School 77

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.

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Statute Felony Court 49

At the Lectern

MAY 4, 2023

” The court’s unanimous opinion by Justice Goodwin Liu notes that since enactment of the statute (Welfare and Institutions Code section 702), “we have thrice remanded for further proceedings to remedy noncompliance with its express declaration requirement.” In In re F.M. , ” It does so for a fourth time in F.M.

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Wobbler Felony Misdemeanor Statute 40

JURIST

DECEMBER 10, 2023

” Texas law provides that performing an abortion is a felony punishable by up to life in prison unless the patient qualifies under a very narrow set of exceptions. Paxton petitioned for the Texas Supreme Court to reverse the TRO shortly after its decision.

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Court Felony Healthcare Statute 211

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

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.

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Court Felony Government Statute 188

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

At the Lectern

FEBRUARY 22, 2024

” Division Two held the statute applies only to those enhancements that were “imposed and executed,” not “imposed and stayed.” 5th 518 (see here ), which upheld regulations making early parole off limits to an inmate who is incarcerated for both nonviolent and violent felonies. Penal Code section 1172.75

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Court Felony Statute Laws 53

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. Here is the background: 18 U.S.C. §

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Felony Statute Government Court 96

Constitutional Law Reporter

DECEMBER 16, 2022

The federal aggravated identity theft statute provides: “Whoever, during and in relation to any felony violation enumerated [elsewhere in the statute], knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person, shall, in addition to the punishment provided for such felony, be sentenced to a term (..)

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Healthcare Court Felony Statute 52

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

At the Lectern

SEPTEMBER 28, 2023

In an unpublished opinion , the Second District, Division One, Court of Appeal, ruled that retaliation claims by a city’s elected treasurer should have been dismissed under the anti-SLAPP statute. a)-(d)) and a prior serious felony conviction (Pen. 699), which modified the criminal street gang statute (Pen. 333 (Stats.

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Court Felony Statute 45

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 104

Felony Government Statute Court 104

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

SCOTUSBlog

JUNE 28, 2022

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. Dobbs reiterates the long-established principle that unwritten rights, to be enforced by courts, must be deeply rooted in our history.

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Laws Felony Statute Legal 144