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· 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).

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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.