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17 Jul 2013, 4:47 pm by Steve Sady
In this “narrow range of cases,” the sentencing court could examine court documents – the charging instrument and the jury instructions – to determine if the state conviction was for the branch of the relevant crime that matched the generic federal definition of the predicate offense for a “violent felony” under the ACCA. [read post]
15 Jul 2013, 9:46 am by Federalist Society
On June 25, 2013, the Supreme Court announced its decision in Adoptive Couple v. [read post]
14 Jul 2013, 10:59 am by Jon
The closest one finds is the 14th Amendment, except that it only authorizes penal legislation applicable to state actors, not to private persons generally, and the offenders in this case were not state actors.The authority cited for all of these charges is the Commerce Clause, interpreted as authorizing criminal penalties under the Necessary and Proper Clause, mainly based on the Supreme Court precedent in Wickard v. [read post]
13 Jul 2013, 11:06 am by Thomas Kaufman
By Thomas Kaufman and Anna Stancu On July 11, 2013, the Second Appellate District in Beaumont-Jacques v. [read post]
9 Jul 2013, 12:32 pm by Tom Goldstein and Dan Stein
Roberts would also represent a number of states in the Microsoft antitrust case, United States v. [read post]
9 Jul 2013, 7:05 am
Thomas Fisher, Kathleen Halloran, and George BehrensCase number: 07-cv-04483 (United States District Court for the Northern District of Illinois)Case filed:August 9, 2007Qualifying Judgment/Order: May 29, 2013 6/19/2013 9/17/2013 More notices are listed in my previous post. [read post]
9 Jul 2013, 1:01 am by Jack Chin
Justice Thomas quoted me in his concurrence arguing in Adoptive Couple v. [read post]
8 Jul 2013, 4:01 pm by Timothy P. Flynn
FlynnThis post is straight from Texas, our most prolific death penalty state. [read post]