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· 4/25/2017

O'Neal v. Muchnick Golieb & Golieb, P.C.

Citations

  • 2017 NY Slip Op 3125
  • 149 A.D.3d 636
  • 53 N.Y.S.3d 271

How courts have described this case

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

  • holding that robbery under Texas Penal Code § 29.02(a), either by injury or threat, was a violent felony within the meaning of the ACCA
  • holding that “robbery under Texas Penal Code § 29.02(a) requires the ‘use, attempted use, or threatened use of physical force’” under ACCA’s elements clause (quoting 18 U.S.C. § 924(e)(2)(B)(i))
  • holding that the Texas robbery statute, which included “intentionally or knowingly threaten[ing] or plac[ing] another in fear of imminent bodily injury or death,” was a violent felony under the ACCA
  • finding that simple robbery under Texas law qualifies as a violent felony under the ACCA
  • holding Texas’ robbery statute, §29.02(a), requires use of physical force and constitutes ACCA predicate offense
  • noting that after Johnson I, there was an open question as to “whether minor injuries …necessitate violent force … The Supreme Court recently answered that question in Stokeling.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Friedman, Richter, Feinman, Gische, Gesmer

Read full opinion on CourtListener

Sourced 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.