Massachusetts Criminal Defense Lawyer Blog

Texas’s Unconstitutional Abortion Ban

In 1965, the world was a very different place. Not only was abortion illegal, but the use of contraceptives were illegal in many places as well. Restrictive rules regarding the use of contraceptives were prominent throughout the country. In Connecticut, this rule was enforced against two doctors, Griswold and Buxton, who opened a birth control clinic. In the case of Griswold v. Connecticut, the doctors challenged the constitutionality of the Connecticut statute under the Fourteenth Amendment, and the case made its way up to the Supreme Court.

What is the right to privacy?

Homicide is the most serious offense. In most states, homicide is punished more severely if the victim is a law enforcement officer. But, what if this murder is committed outside an American territory? Federal statute 18 U.S.C § 1114 makes it illegal to kill any government officer engaged in their official duties. For years, federal courts have generally avoided applying statutes extraterritorially, except in cases where Congress clearly indicates that this is their intent. However, some courts have recently begun applying the Supreme Court’s decision in the case of United States v. Bowman to justify applying 18 U.S.C § 1114 outside the country. Bowman held that U.S. courts have jurisdiction to try crimes committed at sea or abroad, even if not specifically conferred by statute if the nature of the crime logically includes them.

There is currently a circuit split regarding this issue, with the Eleventh and Second Circuits holding that 18 U.S.C § 1114 applies extraterritorially, while the D.C. Circuit held that it does not any such application.

18 U.S.C. § 1114 says the following: 

Can a person be convicted of homicide despite having no weapon, no intention, and no reason to kill a co-conspirator? The United States Supreme Court may decide this in the case of City of Hayward v. Jessie Lee Jetmore Stoddard-Nunez. 

On March 2nd, 2017, Jessie Stoddard-Nunez and his younger brother Shawn were at a party at their apartment. Their friend, Pakman, also attended the gathering. While at the party, Shawn and Pakman consumed alcohol. As the men drank, they became intoxicated and violent. Packman physically fought with Stoddard-Nunez, punching and restraining him. Eventually, Pakman and Shawn left the apartment and drove away despite both being intoxicated. 

Office Troche was on patrol at the time with a ride-along passenger. Troche noticed Pakman’s Honda Civic driving erratically, as Pakman ran a stop sign, red light, and was swerving lanes. Troche began to follow Pakman’s vehicle. Pakman then parked the car in a parking lot and Troche blocked him into the parking lot with his vehicle.