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In re Lanferman

51 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,638 times   100 Legal Analyses
    Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

  2. Padilla v. Kentucky

    559 U.S. 356 (2010)   Cited 8,606 times   131 Legal Analyses
    Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation

  3. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,224 times   24 Legal Analyses
    Holding that when conducting certain inquires related to prior convictions courts are limited to certain judicial record evidence-charging instruments, terms of a plea agreement, or "transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record"

  4. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,236 times   27 Legal Analyses
    Holding that the term "burglary" as used in the Armed Career Criminal Act was to be given its "generic, contemporary meaning" to avoid a scenario in which "a person ... would, or would not, receive a sentence enhancement based on exactly the same conduct, depending on whether the State of his prior conviction happened to call that conduct ‘burglary’ "

  5. Begay v. United States

    553 U.S. 137 (2008)   Cited 1,932 times   12 Legal Analyses
    Holding that strict liability or negligence crimes only qualify as ACCA predicates when they involve "purposeful, violent, and aggressive" conduct

  6. In re Winship

    397 U.S. 358 (1970)   Cited 11,643 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  7. National Cable Telecom. Assn. v. Brand X Internet S

    545 U.S. 967 (2005)   Cited 1,172 times   41 Legal Analyses
    Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

  8. Chambers v. United States

    555 U.S. 122 (2009)   Cited 817 times   10 Legal Analyses
    Holding that "knowin[g] fail[ure] to report to a penal institution" does not involve "purposeful, violent, or aggressive conduct"

  9. James v. United States

    550 U.S. 192 (2007)   Cited 760 times
    Holding that the ACCA's residual clause was unconstitutionally vague

  10. Nijhawan v. Holder

    557 U.S. 29 (2009)   Cited 580 times   17 Legal Analyses
    Holding that a statute requires "a circumstance-specific approach" where it refers to "conduct involved 'in' the commission of the offense of conviction, rather than to the elements of the offense"

  11. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,705 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  12. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,882 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  13. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,074 times   24 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”

  14. Section 921 - Definitions

    18 U.S.C. § 921   Cited 4,060 times   36 Legal Analyses
    Adopting this definition

  15. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,471 times   62 Legal Analyses
    Defining a crime of violence as ‘ an offense that has as an element the use . . . of physical force against the person or property of another’

  16. Section 242 - Battery

    Cal. Pen. Code § 242   Cited 2,837 times
    Defining battery as the "willful and unlawful use of force or violence upon the person of another"

  17. Section 10.00 - [Effective 9/1/2024] Definitions of terms of general use in this chapter

    N.Y. Penal Law § 10.00   Cited 2,606 times   1 Legal Analyses
    Ruling that sexual abuse of child by parent requiring surgery to repair severe internal injuries and profuse arterial bleeding sufficiently established severe physical injury and aggravating circumstances excusing reasonable efforts of reunification

  18. Section 120.14 - Menacing in the second degree

    N.Y. Penal Law § 120.14   Cited 346 times   1 Legal Analyses
    Menacing in the Second Degree: Weapon