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James v. United States, 550 U.S. 192 (2007), is a decision by the Supreme Court of the United States that held that attempted burglary could serve as a predicate felony under the federal Armed Career Criminal Act (ACCA), which provided that a person convicted of being a felon in possession of a firearm with three prior convictions for either serious drug offenses or violent felonies must be ...
Taylor v. United States, 495 U.S. 575 (1990), was a U.S. Supreme Court decision that filled in an important gap in the federal criminal law of sentencing. The federal criminal code does not contain a definition of many crimes, including burglary, the crime at issue in this case.
The United States District Court for the Southern District of Indiana overruled his objection and re-imposed the 15-year sentence. [2] Erlinger appealed to the United States Court of Appeals for the Seventh Circuit, which affirmed his sentence, holding that the government was only required to prove the burglary question to the judge by a preponderance of the evidence, as opposed to beyond a ...
May 7—LIMA — Juror deliberations started Tuesday in Allen County Common Pleas Court in the burglary trial of former basketball star Gregory E. Simpson. Prosecutors allege Simpson stole his ex ...
Second-degree burglary retains the common-law element of a dwelling, and first-degree burglary requires that the accused be in a dwelling and armed with a weapon or have intent to cause injury. [40] A related offense, criminal trespass, covers unlawful entry to buildings or premises without the intent to commit a crime, and is a misdemeanor or ...
The homeowner is now calling out San Francisco DA Chesa Boudin for his handling of repeat offenders, saying if he doesn't prosecute, she'll take the case to the feds. EXCLUSIVE: New SF burglary ...
Jan. 22—LIMA — A Lima man facing a handful of felony charges related to a November 2022 burglary and assault on Monday entered guilty pleas to three of those charges. As a result of his plea ...
Case history; Prior: Motion to suppress granted, Brigham City District Court; affirmed, 57 P.3d 1111 (Utah Ct. App. 2002); affirmed, 122 P.3d 506 (Utah 2004) Holding; Police may enter a home without a warrant when they have an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such injury.