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The Court of Appeal held that all criminal cases filed for violations of 166.4(a) PC must be filed directly in Superior Court. The state Supreme Court overruled the Appeal Courts decision and held that a municipal court judge does have "some limited right of review" over an order issued by a Superior Court judge.
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On August 25, 2014, the California's 10-day waiting period for gun purchases was ruled unconstitutional by the U.S. District Court for the Eastern District of California which found that "the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment" as applied to members of certain classifications ...
Indiana Code 35-38-9-2 through 35-38-9-6 allows for the expungement of misdemeanors, and non-violent felonies. Most crimes of a sexual nature are excluded from the law but each section has other specific exclusions, and anyone determined to be a Sex or Violent offender (as defined by IC 11-8-8-5) is also ineligible.
Simple assault is a class A misdemeanor, but if physical contact occurs, the offense is a class D felony. If a deadly weapon is used or bodily injury is inflicted, it is a class C felony. [1] Threatening the government officials of the United States, particularly law enforcement officers, can in some cases fall under this statute. [2]
In the United States, a red flag law (named after the idiom red flag meaning “warning sign“; also known as a risk-based gun removal law, [1]) is a gun law that permits a state court to order the temporary seizure of firearms (and other items regarded as dangerous weapons, in some states) from a person who they believe may present a danger.
The Model Penal Code ("MPC") was created by the American Law Institute ("ALI") in 1962. In other areas of law, the ALI created Restatements of Law, usually referred to as Restatements. Examples are Restatement of Contracts and Restatement of Torts. The MPC is their equivalent for criminal law. [2] Many states have wholly or largely adopted the MPC.
This list of U.S. states by Alford plea usage documents usage of the form of guilty plea known as the Alford plea in each of the U.S. states in the United States. An Alford plea (also referred to as Alford guilty plea [1] [2] [3] and Alford doctrine [4] [5] [6]) in the law of the United States is a guilty plea in criminal court, [7] [8] [9] where the defendant does not admit the act and ...