Modified Categorical Approach
concept
4 mentions
3 recordings
first heard Oct 2012
last heard Oct 2020
±0 this week
Legal doctrine allowing a modified categorical approach
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Moments
newest first · ▶ plays the momentNicholas A. GoldmanSupreme Court of the United States · Pereida v. Barr (19-438) · 1:04 · Oct 2020
…And that rule works the same under the categorical and modified categorical approaches because courts can look to the least of the alternative elements under a divisible statute, as this court has.…
UnknownSupreme Court of the United States · Mathis v. United States (15-6092) · 49:17 · Apr 2016
…And then the question, the whole point of the modified categorical approach is, can we know if the person was convicted of that thing or something else?…
UnknownSupreme Court of the United States · Mathis v. United States (15-6092) · 30:32 · Apr 2016
…And you can tell that from the ordinary application of the modified categorical approach using the Shepard documents.…
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