Articles Tagged with motion

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A 10-year-old boy was prosecuted for a felony after he and his friend pointed unarmed Nerf guns at a passing vehicle and the driver alerted the authorities.

Gavin Carpenter lives with his parents at an Army post in Colorado Springs while his father finishes the final two-and-a-half months of his duty in the state.

At the end of last July, Gavin and one of his friends were spending time together at Gavin’s grandparent’s house and they decided they would go outside with Nerf guns and act out the popular video game Fortnite.

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In passing Assembly Bill 813, California has now joined 44 other states nationwide in allowing a person who has suffered a criminal conviction to challenge that conviction, even though he or she is no longer in custody.

The new statutes allows relief based on 1) a claim of actual innocence; and 2) failure to fully understand the consequences of the plea.

Although the statute applies to both citizens and non-citizens, in practice, this statute is expected to allow immigrants to seek relief for past convictions which hold devastating immigration consequences.

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