Associated Press NEW YORK Once annually, sometimes less, the full federal appeals court in New York meets to confront a perplexing legal question. Most recently, it was to decide whether shooting somebody point-blank in the face and stabbing somebody to death are violent acts. The 14 judges of the 2nd U.S. Circuit Court of Appeals in Manhattan who heard arguments in U.S. v. Gerald Scott were left to decide how to label the 1998 killings that they agreed were “undoubtedly brutal.” Ultimately, the full court voted 9-to-5 this week to conclude that Scott’s crimes were indeed violent. But their votes came with a robust debate over a legal puzzle that has vexed multiple federal courts even if, they agreed, the answer might seem like common sense.
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On March 1, 2021 the Second Circuit (
Carney, Koetl)
issued a decision in
Collier v. United States, affirming the
district court s denial of Keith Collier s habeas petition
to vacate his conviction and sentence for an attempted robbery of a
federal bank in the late 1990s and for using a firearm during the
commission of a crime of violence,
i.e., during the
attempted robbery. The core issue presented was whether
attempted federal bank robbery was categorically a crime of
violence as that phrase is used in the relevant federal
The debate comes up after a lower court had concluded that under certain circumstances, manslaughter can be a crime of omission in which no force is used.
Courts wrestle with whether manslaughter is always viol accesswdun.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from accesswdun.com Daily Mail and Mail on Sunday newspapers.
NEW YORK Once annually, sometimes less, the full federal appeals court in New York meets to confront a perplexing legal question. Most recently, it was to decide whether shooting somebody point-blank in the face and stabbing somebody to death are violent acts. The 14 judges of the 2nd U.S. Circuit Court of Appeals in […]