Thursday, August 04, 2011

Sixth Circuit -- USA v. Tyrone McMurray

USA v. Tyrone McMurray

Predicate offense priors do not need to be established beyond a reasonable doubt in present trial.

Tennessee recklessly causing serious body injury statute not categorically a violent crme for ACCA.

Shepard papers do not establish that deft committed violent crime - despite prosecution colloquy at time of plea, deft's 'best interest' (Alford) plea & silence with respect to prosecution's colloquy means that the offense gets narrowest, saving interpretation. 
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.