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Feb. 10, 2023

Florida man: requiring registration and reporting after completing my sentence of probation on a charge of lewd or lascivious conduct constitutes illegal custody. Files habeas. To seek a writ of habeas corpus, one must be "in custody," and that doesn't necessarily mean "physical custody" (per…

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Feb. 9, 2023

In Lackawanna County, Penn., if a court finds you can afford to pay child support but you didn't, you get a prison term and won't have access to work-release to earn money unless you spend the first half of the sentence doing "community service" at a private recycling center, for nearly no pay…

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Feb. 9, 2023

A 90-year-old North Carolina law makes it a crime to publish a "derogatory report" about a candidate for office if the speaker knows the report is false or speaks with reckless disregard for its truth or falsity. A campaign threatened with prosecution under the law brings a First Amendment…

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Feb. 8, 2023

Can a neo-nazi fairly represent a Jewish client? Can a Blue Lives Matter believer zealously serve a Black client? (access full article).

Those were some of the hypotheticals Massachusetts’…

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Feb. 7, 2023

Seventeen-and-a-half-year-old girl, a member of the Choctaw nation, allegedly plans the murder of her abusive and neglectful parents by two underage friends. The government charges her with two counts of first-degree murder, crimes for which the mandated punishments—death or life without parole—…

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Feb. 6, 2023

Indigenous man from Guatemala who fled his home city of Sacatepéquez because of frequent beatings and death threats from a local MS13-affiliated gang against him and his family: this qualifies as persecution. Board of Immigration Appeals: Sure, a gang harassed you, threatened you, and repeatedly…

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Feb. 5, 2023

Alleged gang member is convicted of witness retaliation and sentenced to three years in prison after attacking a former member of his gang on the street in the Bronx. At trial, man asks court to explore potential gang bias during jury selection. Trial court: no, it would be “improper,” and will…

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Feb. 4, 2023

In en banc news, the Ninth Circuit will not reconsider its opinion that "and" does not mean "or" in a case about the First…

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Feb. 3, 2023

One of the macabre facet of Eighth Amendment death penalty litigation is that a person on death row challenging their method of execution must propose an alternative.

Man on Georgia death row: requests execution by firing squad instead of lethal injection because a medication he is taking…

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Feb. 2, 2023

Federal law bars individuals from possessing guns if they are “subject to a court order that restrains [them] from harassing, stalking, or threatening an intimate partner.” Fifth Circuit: This violates the Second Amendment as there is…

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