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Borden v. United States, 593 U.S. 420 (2021), was a United States Supreme Court case involving the classification of prior convictions for "violent felony" in application of Armed Career Criminal Act (ACCA); the ACCA provides for enhanced sentencing for convicted criminals with three or more such felonies in their history. In a 5–4 decision ...
Helm, [11] the Court struck down a life without parole (LWOP) sentence imposed on a defendant who had committed a seventh non-violent felony. Most recently, in Harmelin v. Michigan, [2] the Court upheld a life without parole sentence imposed on a first-time offender convicted of possession of more than 650 grams of cocaine. Against this ...
Tennessee v. Garner, 471 U.S. 1 (1985), is a civil case in which the Supreme Court of the United States held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the ...
The U.S. government cannot ban people convicted of non-violent crimes from possessing guns, a federal appeals court ruled on Tuesday. The 11-4 ruling from the Philadelphia-based 3rd U.S. Circuit ...
The Supreme Court of the United States originally granted the case certiorari to decide if the state law banning possession of a sawed-off shot gun qualified as a "violent felony" under the residual clause. The case was initially argued on November 5, 2014, but the Court asked the parties to reconvene and directly address the question of ...
Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), is a United States Supreme Court case deciding that Indian tribal courts have no criminal jurisdiction over non-Indians. [1] The case was decided on March 6, 1978, with a 6–2 majority.
Under U.S. law the fleeing felon rule was limited in 1985 to non-lethal force in most cases by Tennessee v. Garner, 471 U.S. 1.The justices held that deadly force "may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious bodily harm to the officer or others."
Case history; Prior: Writ of certiorari to the U.S. Court of Appeals for the Tenth Circuit. 470 F.3d 964.: Holding; Felony driving while intoxicated is not a “violent felony” within meaning of section of the Armed Career Criminal Act imposing special mandatory 15-year prison term upon felons who unlawfully possess a firearm and who have three or more convictions for violent felonies.