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Appeals

Third Circuit Allows Suit Against Prison For Putting Man In 26 Years of Solitary Confinement

Pennsylvania death-row prisoner with a history of mental illness is held in solitary confinement for 26 years. He sues a prison official, who does not dispute whether that violates the Eighth Amendment, arguing only that he is entitled to qualified immunity. Third Circuit: There's "no room for doubt that individuals with a known history of serious mental illness have a clearly established right not to be subjected to prolonged solitary confinement without penological justification." No QI.

Eleventh Circuit Affirm Felony Conviction For Men Trying To Save Sharks

So get this. Two men on a boat believes it has stumbled on an illegal long-line fishing buoy. It pulls up the lines, cuts free several sharks, and even tells Florida Fish & Wildlife what they'd done. Whoops. Turns out the line was lawfully placed by marine researchers with proper permits. So did the feds thank them or ask them to pay for the lines the cut? Nope. The feds bring felony theft charges that carried up to five years in prison against the crew.

SCOTUS To Hear “False Statement” Dispute

Today, the Supreme Court agreed to hear Thompson v. United States, No. 23-1095 (Oct. 4, 2024) (cert. granted), to resolve an issue that has divided the lower courts: whether 18 U.S.C. § 1014, which prohibits making a “false statement” for the purpose of influencing certain financial institutions and federal agencies, also prohibits making a statement that is misleading but not false.

Botched Lethal Injection Execution of Thomas Eugene Creech

The execution of Thomas Eugene Creech, 73, one of the nation's longest-serving death row inmates was put on hold Wednesday, the latest in a number of botched lethal injections across the country (access full article).

For nearly an hour, Thomas Eugene Creech lay strapped to a table in an Idaho execution chamber as medical team members poked and prodded at his arms and legs, hands and feet, trying to find a vein through which they could end his life.

D.C Circuit Upholds 'Cowboys for Trump' Leader Jan. 6 Conviction

Federal law prohibits entering "a restricted building or grounds," a term that is defined to include any restricted area "where the President or other person protected by the Secret Service is or will be temporarily visiting." January 6 protestor convicted under the law argues the gov't was required to show not only that he knew the area was restricted, but that he knew it was restricted because VP Mike Pence was there. D.C. Circuit: Everything points to knowingly trespassing being enough.