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Borden v United States

593 U.S. 420 (2021)
JurisdictionUnited States
CourtUS Supreme Court
Year2021
StatusBinding authority

Summary

Under the ACCA elements clause, a reckless offence does not qualify as a 'violent felony' because it does not require purposeful or knowing use of force against another person.

Key Principle

Armed Career Criminal Act; reckless offence not 'violent felony' under elements clause; ACCA s 924(e)

Area of Law

criminal

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Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

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