Pearlie Gambrel v. Knox Cnty., Ky.

How courts have described this case

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

• holding that the modified categorical approach applies to substantive VICAR offenses
• finding that “the district court’s jury instructions made clear that [the defendant] was convicted under § 125.25(1)” where, as here, the trial judge instructed that the defendant must have had “the intent to cause the death of the victim or another person”
• because second-degree murder is a crime of violence, an attempt to commit that crime “is itself categorically a crime of violence”
• “There is no question that intentionally 24 causing the death of another person involves the use of force.”
• “There is no question that intentionally causing the death of another person involves the use of force.”
• “[B]ecause second-degree murder under New York law is a crime of violence, there can be no doubt that attempt to commit second-degree murder under New York law is itself categorically a crime of violence.”

Source: CourtListener parenthetical corpus (CC0).