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Michigan, [2] the United States Supreme Court could not agree on the precise reasoning to uphold the sentence. But, with the decision in Ewing and the companion case Lockyer v. Andrade, [3] the Court effectively foreclosed criminal defendants from arguing that their non-capital sentences were disproportional to the crime they had committed.
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 ...
In 2013, an appeal to the Eighth Circuit upheld the decision by the District Court to sentence Johnson to 15 years in accordance to the ACCA. [3] 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 ...
Borden petitioned the Supreme Court, asking whether a criminal act with a mens rea of recklessness should be considered as a violent felony under the ACCA. The Court granted certiorari for the case in March 2020. Oral argument was held on November 3, 2020. The Court issued its opinion on June 10, 2021. In a 5–4 vote, the Court reversed the ...
Lockyer v. Andrade, 538 U.S. 63 (2003), [1] decided the same day as Ewing v. California (a case with a similar subject matter), [2] held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment's prohibition of cruel and unusual punishments.
The U.S. District Court for the District of New Mexico concluded that DUI was a "violent felony" under the Armed Career Criminal Act, [5] thereby triggering that Act's 15-year mandatory minimum sentence. A divided United States Court of Appeals for the Tenth Circuit panel affirmed the decision to treat the DUIs as "violent felonies." [6]
President Biden announced on Thursday he was granting 39 pardons to people with non-violent criminal convictions and commuting the sentences of nearly 1,500, the largest single-day act of clemency ...