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Court strikes a blow for sentencing discretion under provision in federal firearm statute

SCOTUSBlog

Share People given consecutive sentences under the federal law that imposes penalties for the use of a firearm in relation to a crime of violence or drug trafficking may now be entitled to a new sentencing hearing, thanks to the Supreme Court’s unanimous ruling Friday in Lora v. United States.

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Dismissal of Defamation and False Light Claim under Tennessee Public Participation Act partially reversed.

Day on Torts

Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn.

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Proper analysis for petition to dismiss under Tennessee Public Participation Act (TPPA).

Day on Torts

The Court of Appeals explained that although the TPPA is a relatively new statute, case law has established “two general conclusions” regarding the proper procedure when a motion to dismiss is filed thereunder. quoting Tenn. Code Ann. § 20-17-105(a)(b); additional citation omitted).

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Supreme Court will resolve conflict about co-tenancy leasing requirements (and about punctuation?)

At the Lectern

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.

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