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Panel Holds that Ohio Aggravated Burglary Statute Does Not Count as Predicate Violent Felony under ACCA. 

SquirePattonBoggs

2022), the Sixth Circuit read Borden as requiring a purposeful or knowing mens rea for offenses deemed violent felony predicate offenses. As the Sixth Circuit explained, Patterson “did not consider, as Borden now requires, whether the offense’s force element has a mens rea greater than recklessness.” Butts , 40 F.4th

Felony 59
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Texas man sues 3 women for allegedly aiding his ex-wife obtain abortion medication

JURIST

Marcus Silva’s petition states that under Texas’ murder and wrongful-death statutes, a self-managed abortion is the crime of murder, and the three women can be sued for wrongful death. Silva is represented by the former Solicitor General of Texas, Jonathan F.

Mens Rea 104
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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.

Statute 98
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Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act

SCOTUSBlog

In arguing a subjective standard is required, the charged doctors and other advocates emphasized longstanding rules about the presumption of mens rea (a guilty state of mind) for criminal offenses. A mens rea requirement, the opinion holds, is essential to separate physicians’ “socially beneficial conduct” from criminal conduct.

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No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act

SCOTUSBlog

The ACCA, in Borden’s view, required a higher culpable state of mind, or mens rea , than recklessness. A mens rea of purpose equates to a consciously desirable outcome. Kagan stressed that the relevant statute in Voisine did not include the critical “against the person” phrasing applicable to the ACCA and in Leocal.

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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law Blog

Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.

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Supreme Court Clarifies First Amendment Test for True Threats

Constitutional Law Reporter

18–3–602(1)(c), a Colorado statute making it unlawful to “[r]epeatedly. It concluded that a recklessness standard— i.e., a showing that a person “consciously disregard[ed] a substantial [and unjustifiable] risk that [his] conduct will cause harm to another,”—is the appropriate mens rea. Counterman’s messages put C.W.