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Article • December 1, 2024 • from CLN December, 2024
Mississippi Supreme Court: Defendant’s Guilty Plea Not Knowing and Voluntary Because He Was Not Informed of His Habitual Offender Status by Sam Rutherford by Sam Rutherford The Supreme Court of Mississippi held that a defendant’s guilty plea to two forged prescription drug charges was not knowing and voluntary because he …
SCOTUS: Jury, Not Judge, Must Determine Whether Defendant’s Prior Offenses Were Committed on ‘Occasions Different From One Another’ for Enhanced Sentence Under Armed Career Criminal Act by Sam Rutherford by Sam Rutherford The Supreme Court of the United States held that a jury must determine beyond a reasonable doubt whether …
Article • December 15, 2023 • from CLN December, 2023
Sixth Circuit: Because Ohio’s Aggravated Robbery Statute Does Not Contain Mens Rea Requirement, Conviction Is Violent Felony Under ACCA Only if Underlying Theft in Robbery Contains Required Mens Rea by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that because Ohio’s aggravated robbery …