Skip navigation

Search

25 results
Article • February 1, 2025 • from CLN February, 2025
Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Minnesota affirmed a Court of Appeals (“COA”) decision holding that a …
California Court of Appeal Strikes Prison Prior Enhancement for Invalid Predicate Offense Under § 1172.75 Despite Concurrently Served Valid Predicate by Sam Rutherford by Sam Rutherford The California Court of Appeal, Fourth Appellate, held that a defendant’s prison prior enhancement based on an offense that may no longer serve as …
Tenth Circuit Announces Assault Conviction Under 18 U.S.C. § 113(a)(6) Not a Qualifying Predicate ‘Crime of Violence’ for Purposes of USSG § 2K2.1(a)(3) by Douglas Ankney by Douglas Ankney   The U.S. Court of Appeals for the Tenth Circuit held that a conviction for assault resulting in serious bodily injury …
Federal Sentencing Guidelines Undergo Substantial Amendments by David Reutter by David M. Reutter The United States Sentencing Commission (“Commission”) adopted nine amendments to the Federal Sentencing Guidelines (“Guidelines”) that became effective on November 1, 2023. It’s the first action by the Commission since it lost a quorum in early 2019. …
Article • December 15, 2023 • from CLN December, 2023
Fourth Circuit Reverses § 924(c) Conviction Because Kidnapping No Longer Qualifies as Predicate Offense and ‘Critical Record Documents’ Do Not Show Firearm Charge Was ‘Expressly Predicated Upon’ Any Other Offense by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit reversed Elliott B. Graham’s 18 …
Brief • November 2, 2023
USA v. Prince, IL, Memo Opinion and Order, Felon in Possession of Firearm, 2023 Case: 1:22-cr-00240 Document #: 73 Filed: 11/02/23 Page 1 of 22 PageID #:576 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. GLEN PRINCE, Defendant. …
Article • November 1, 2023 • from CLN November, 2023
10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s sentence where the U.S. District Court for the District of Colorado improperly applied a Guidelines …
Article • September 1, 2023 • from CLN September, 2023
Sixth Circuit Holds Bump Stocks Not Regulated Under Machinegun Statute by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Sixth Circuit weighed in on the ongoing Circuit split of whether a “bump stock” – placement of which on a semiautomatic rifle enables it to function …
Article • May 15, 2023 • from CLN June, 2023
Filed under: junk science, Firearms
The Evolving Science, Skepticism, and Limited Evidentiary Value of Firearm and Toolmark Identification by Douglas Ankney by Douglas Ankney In People v. Kirschke, 53 Cal.App.3d 405 (1975), a firearm and toolmark identification (“FTI”) expert testified for the prosecution “that an evidence bullet had been fired by a particular firearm and …
Publication • April 6, 2023
Filed under: Firearms, Imprisonment
The State of Texas v. Garcia, TX, Indictment, Discharge of Firearm, 2023 FILED HAYS COUNTY, TEXAS · at l ~ c>o o'clock~M. . CAUSE No.C !Z,-?.-:; - It.\, <\ '{ -t § . THE STATE OF TEXAS APR O6 2023 AGENCY: TEXAS RANGERS CASE NUMBER: . f\ •. 1A -1 …
Article • November 15, 2022 • from CLN December, 2022
Filed under: State Legislation, Firearms
New York Follows California’s Lead Becoming Second State To Require Microstamping of Semiautomatic Handguns by Douglas Ankney by Douglas Ankney On June 6, 2022, Governor Kathy Hochul signed legislation that made New York the second state to require microstamping of semiautomatic pistols. It took ten years from its proposal to …
Brief • October 17, 2022
Commonwealth v. Phenpimol, MA, Dft's Emergency Motion to Dismiss Indictments Counts on Second Amendment Grounds, Possession of Firearm, 2022 LAW OFFICE OF HECTOR E. Pll\fEIRO, P.C. 807 MAIN STREET WORCESTER, MASSACHUSETTS 01610 (508) 770-0600 FAX (508) 770--1300 HECTOR E. PINEIRO hector@pineirolegal.com NANCY CRUZ DE PINEIRO Business Manager nancy@pineirolegal.com October 17, …
Article • May 1, 2022 • from CLN May, 2022
Discredited Narcotics Unit Revamped as Firearms Unit by Douglas Ankney by Douglas Ankney In 2020, the U.S. Department of Justice reported that officers from the Narcotics Unit of the Springfield Police Department in Massachusetts engaged &ldquo;in a pattern or practice of excessive force in violation of the Fourth Amendment of …
Brief • April 27, 2022
Filed under: Firearms
State of Arizona v. Charles Ryan, AZ, Indictment, Unlawful Discharge of Firearm, 2022 RACHEL H MITCHELL MARICOPA COUNTY ATTORNEY CLG'f. or T1;( S1J?ERluR Cl'~RT flLED T MCCA•.V;~;. OEP 2022 APR 27 PM ti: 14 Kristin Nordeen Deputy County Attorney Bar 10 # 025659 225 W Madison St, 2nd Floor Phoenix, …
Article • March 14, 2022
Filed under: Property, Firearms
U.S. Police Have a Surplus of Tactical Gear. They’re Donating It to Ukraine. by Law enforcement agencies across several states will be donating dozens of pieces of body armor, such as ballistic helmets and vests, to Ukrainian citizens and military units. Ukraine, which was invaded by Russia on February 24, …
Article • February 15, 2022 • from CLN March, 2022
SCOTUS: Rehaif Error Doesn’t Automatically Require Reversal of Conviction, Plain-Error Test Must Be Satisfied for Re-lief by Dale Chappell by Dale Chappell &nbsp; The Supreme Court of the United States (&ldquo;SCOTUS&rdquo;) held that for felon-in-possession cases, a Rehaif error does not establish a basis for plain-error relief unless the defendant …
Article • December 15, 2021 • from CLN January, 2022
Sixth Circuit: Only One Conviction May Result Under § 922(g) for Single Incident of Firearm Possession by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that only one conviction may result under 18 U.S.C. &sect; 922(g) for a single incident of firearm possession, …
Article • April 15, 2021 • from CLN May, 2021
Filed under: junk science, Firearms
D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire by Derek Gilna by Derek Gilna The Firearms Examination Unit (&ldquo;FEU&rdquo;) at the D.C. Department of Forensic Sciences (&ldquo;DFS&rdquo;) is under criminal investigation by the District of Columbia Office of the Attorney General (&ldquo;OAG&rdquo;), according to court documents that revealed …
Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts (&ldquo;SJC&rdquo;) concluded that the holding in Commonwealth v. Brown, 479 Mass. 600 (2018), which requires the Commonwealth to prove that a defendant knew a …
Article • January 15, 2021 • from CLN February, 2021
Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute by Douglas Ankney by Douglas Ankney The Supreme Court of Illinois ruled that the predicate offenses of the home invasion statute, 720 ILCS 5/12-11 et seq., are lesser-included offenses of that statute. A …
Page 1 of 2. | 1 2 | Next »