· 6/30/2017
Hammond v. Smith
Citations
- 2017 NY Slip Op 5337
- 151 A.D.3d 1896
- 57 N.Y.S.3d 832
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “the logic of Castleman extends to our review of ACCA’s force clause”
- noting that those cases “appl[y] only where a crime does not have as an element the intentional causation of death or injury.”
- “Following Castleman, it is impossible to intend to cause injury or death without physical force as contemplated under the ACCA”
- holding Maryland’s equivalent crime of assault with intent to murder “is a specific intent crime and the only mens rea that would support the conviction is the specific intent to bring about the death of the assault victim”
- “[A] crime requiring the ‘intentional causation’ of injury requires the use of physical force” within the meaning of the ACCA. (citation omitted)
- “[A] crime requiring the ‘intentional causation’ of injury requires the use of physical force” within the meaning of ACCA
Source: CourtListener parenthetical corpus (CC0).
Judges: Whalen, Centra, Lindley, Troutman, Scudder
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.