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· 8/7/2019

James Moriarty v. State Public Defender

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying the modified categorical approach to determine whether conspiracy to commit murder for hire in vi- olation of 18 U.S.C. § 1958(a) is a crime of violence under § 924(c)
  • requiring evidentiary hearing to clarify “murky” evidence regarding counsel’s strategic considerations
  • “While these mens rea elements are not explicitly tied to the resulting-in-death element, in any realistic case, they must nonetheless carry forward to the resulting-in-death element.”
  • conspiracy to commit murder for hire where death results in violation of 18 U.S.C. § 1958(a) is a crime of violence under § 924(c)’s force clause
  • “In this circuit it is established that one panel cannot overrule another.” (citation modified)
  • “. . . a conviction under § 2119 is categorically a conviction for a crime of violence . . . Runyon’s carjacking offense qualifies as a crime of violence that can support a conviction under § 924(c)(1)”

Source: CourtListener parenthetical corpus (CC0).

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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.