· 10/1/2019
Stella Morrison v. Layne Walker
Citations
- 939 F.3d 633
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the realistic- probability test applies only when a state statute has an “indeterminate reach” (citation omitted)
- finding that a statute was overbroad because it did not explicitly exempt conduct outside the federal definition
- noting that the parties agreed that the state statute at -6- Hamilton does not identify any Iowa cases or his own case where section 708.3A(3
- noting that there must be a “realistic probability, not a theoretical possibility” that the least of the acts criminalized falls outside the generic federal definition
- refusing to apply the realistic probability test where the statute at issue was “clear on its face”
- rejecting a requirement that petitioners “must prove through specific convictions that unambiguous laws really mean what they say” and adopting a rule that “in applying the categorical approach, state law crimes should be given their plain meaning.” (cleaned up
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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