68 Cited authorities

Brady v. Maryland
373 U.S. 83 (1963) Cited 43,843 times 133 Legal Analyses
Holding that the prosecution violates due process when it suppresses material, favorable evidence
Giglio v. United States
405 U.S. 150 (1972) Cited 12,337 times 29 Legal Analyses
Holding that prosecution must disclose all information or material that may be used to impeach the credibility of prosecution witnesses where witness's credibility is "an important issue in the case"
United States v. Lopez
514 U.S. 549 (1995) Cited 2,382 times 21 Legal Analyses
Holding that the Gun-Free School Zones Act "exceeds the authority of Congress to ‘regulate Commerce’ " as it "neither regulates a commercial activity nor" "contains jurisdictional element which would ensure, through case-by-case inquiry, that the firearm possession in question affects interstate commerce" (quoting U.S. Const. Art. I § 8 cl. 3 )
Smith v. Doe
538 U.S. 84 (2003) Cited 1,550 times 11 Legal Analyses
Holding that Alaska legislature intended to enact a civil scheme when statutory text identified protecting the public as the primary governmental interest
Gonzales v. Raich
545 U.S. 1 (2005) Cited 1,147 times 46 Legal Analyses
Holding that because “Congress had a rational basis” for concluding that a statute implements Commerce Clause power, the statute falls within the scope of congressional “authority to ‘make all Laws which shall be necessary and proper’ to ‘regulate Commerce ... among the several States' ”
U.S. v. Morrison
529 U.S. 598 (2000) Cited 1,271 times 10 Legal Analyses
Holding that Congress exceeded its interstate commerce powers in enacting a civil remedy for victims of gender-motivated violence
Mistretta v. United States
488 U.S. 361 (1989) Cited 1,931 times 11 Legal Analyses
Holding that Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq., and 28 U.S.C. § 991 et seq., did not result in Executive's wielding legislative powers, despite either House's power to block Act's passage
Weaver v. Graham
450 U.S. 24 (1981) Cited 2,518 times 4 Legal Analyses
Holding that for a criminal law to be ex post facto, it must disadvantage the offender affected by it
Hamling v. United States
418 U.S. 87 (1974) Cited 3,366 times 1 Legal Analyses
Holding that statutory language in an indictment “must be accompanied with ... the facts and circumstances as will inform the accused of the specific offence” and “enable him to plead an acquittal or conviction in bar of prosecution for the same offense”
Roviaro v. United States
353 U.S. 53 (1957) Cited 4,081 times 6 Legal Analyses
Holding that the determination of whether an informant's identity must be disclosed requires "balancing the public interest in protecting the flow of information against the individual's right to prepare his defense"
Rule 404 - Character Evidence; Other Crimes, Wrongs, or Acts.
Fed. R. Evid. 404 Cited 16,768 times 65 Legal Analyses
Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses
Section 16901 - Transferred
42 U.S.C. § 16901 Cited 10,442 times 2 Legal Analyses
Noting that Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, was created "to protect the public from sex offenders and offenders against children"
Section 3500 - Demands for production of statements and reports of witnesses
18 U.S.C. § 3500 Cited 5,385 times 6 Legal Analyses
Requiring the government to produce "any statement," including testimony provided before the grand jury, only after the witness has testified on direct examination at trial
Section 2250 - Failure to register
18 U.S.C. § 2250 Cited 4,370 times 19 Legal Analyses
Permitting a maximum ten years' imprisonment for these offenses
Section 553 - Rule making
5 U.S.C. § 553 Cited 4,102 times 148 Legal Analyses
Exempting "interpretative rules," among other things, from the notice-and-comment requirement
Section 16913 - Transferred
42 U.S.C. § 16913 Cited 651 times 9 Legal Analyses
In § 16913(d), Congress left it to the Attorney General to decide whether and on what terms sex offenders convicted before the date of SORNA's enactment should be required to register their location or face another criminal conviction.
Section 16911 - Transferred
42 U.S.C. § 16911 Cited 444 times 10 Legal Analyses
Finding that “[a]n offense involving consensual sexual conduct is not a sex offense for purposes of [SORNA's registration requirements] if the victim was an adult....”
Section 72.3 - Applicability of the Sex Offender Registration and Notification Act
28 C.F.R. § 72.3 Cited 235 times
Giving the example of a pre-Act offender who is released from custody in 2000 and “initially registers as required but relocates” to a new state without registering

USA v. Senogles

68 Cited authorities

Holding that the prosecution violates due process when it suppresses material, favorable evidence

Holding that prosecution must disclose all information or material that may be used to impeach the credibility of prosecution witnesses where witness's credibility is "an important issue in the case"

Holding that Alaska legislature intended to enact a civil scheme when statutory text identified protecting the public as the primary governmental interest

Holding that Congress exceeded its interstate commerce powers in enacting a civil remedy for victims of gender-motivated violence

Holding that Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq., and 28 U.S.C. § 991 et seq., did not result in Executive's wielding legislative powers, despite either House's power to block Act's passage

Holding that for a criminal law to be ex post facto, it must disadvantage the offender affected by it

Holding that statutory language in an indictment “must be accompanied with ... the facts and circumstances as will inform the accused of the specific offence” and “enable him to plead an acquittal or conviction in bar of prosecution for the same offense”

Holding that the determination of whether an informant's identity must be disclosed requires "balancing the public interest in protecting the flow of information against the individual's right to prepare his defense"

Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses

Noting that Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, was created "to protect the public from sex offenders and offenders against children"

Requiring the government to produce "any statement," including testimony provided before the grand jury, only after the witness has testified on direct examination at trial

Permitting a maximum ten years' imprisonment for these offenses

Exempting "interpretative rules," among other things, from the notice-and-comment requirement

In § 16913(d), Congress left it to the Attorney General to decide whether and on what terms sex offenders convicted before the date of SORNA's enactment should be required to register their location or face another criminal conviction.

Finding that “[a]n offense involving consensual sexual conduct is not a sex offense for purposes of [SORNA's registration requirements] if the victim was an adult....”

Giving the example of a pre-Act offender who is released from custody in 2000 and “initially registers as required but relocates” to a new state without registering