CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

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Monday, June 16, 2014

Today's criminal law/procedure cert grant

Issue summary is from ScotusBlog, which also links to papers:

  • Elonis v. US: Whether, consistent with the First Amendment and Virginia v. Black, conviction of threatening another person under 18 U.S.C. § 875(c) requires proof of the defendant's subjective intent to threaten, as required by the Ninth Circuit and the supreme courts of Massachusetts, Rhode Island, and Vermont; or whether it is enough to show that a “reasonable person” would regard the statement as threatening, as held by other federal courts of appeals and state courts of last resort. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: "Whether, as a matter of statutory interpretation, conviction of threatening another person under 18 U. S. C. §875(c) requires proof of the defendant's subjective intent to threaten."

http://lawprofessors.typepad.com/crimprof_blog/2014/06/todays-criminal-law.html

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