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Court to rule on federal sex offenders law
From: Breaking Legal News
The Supreme Court will decide the constitutionality of a federal law that permits sex offenders to be kept behind bars after they complete their prison terms. The justices, acting Monday, say they will consider the Obama administrations appeal of a lower court ruling that invalidated the law.The 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled in January that Congress overstepped its authority when it enacted a law allowing for indefinite commitment of people who are considered quotsexually dangerous.quotIn April, Chief Justice John Roberts granted an administration request to block the release of up to 77 inmates at a federal prison in North Carolina. These were people whose prison terms for sex offenses were ending. The justices order was designed to allow time for the high cou...
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Supreme court to decide federal sex offender law
The U.S. Supreme Court said Monday that it would decide whether Congress may adopt a federal law that keeps sex offenders in custody indefinitely after they complete their prison sentences.br span id"midArticle1"spanpThe high court agreed to hear an Obama administration appeal seeking to reinstate a 2006 law providing for the continued detention of "sexually dangerous" convicted federal inmates who have served their prison terms.pspan id"midArticle2"spanpA U.S. appeals court based in Virginia struck down the law for exceeding the limits of congressional authority and intruding on police powers Constitution reserves for the states, many of which have similar laws.pspan id"midArticle3"spanpThe law had been challenged by five inmates who had been kept in custo...
More | Breaking Legal News
2nd Circuit: Claim, Appeal Count as 2 'Strikes' Under Prison Law
A dismissed complaint and subsequent appeal on the same issue constitute two separate "strikes" against a prisoner under a federal law limiting frivolous prison litigation, a federal appeals court has ruled. The 2nd U.S. Circuit Court of Appeals said the Prison Litigation Reform Act of 1995, which limits "actions" brought by prisoners, divides the underlying case and appeal from the dismissal of that case into two actions for purposes of the "three-strikes" litigation rule.
More | Law.com - Newswire
Obama administration seeks to kill Gitmo lawsuit
A federal appeals court has temporarily  A 2008 Supreme Court ruling giving Guantanamo Bay prisoners the right to challenge their indefinite detention does not apply in the case of two detainees who committed suicide, the Obama administration says in newly filed court papers.The Justice Department made the argument in a lawsuit brought by the families of two Saudi detainees who, according to the U.S. government, hanged themselves at the island prison on the same day in June 2006 after more than four years in captivity.A year and a half ago, the Supreme Court overturned part of the Military Commissions Act of 2006 that had stripped federal courts from hearing challenges to the indefinite detention of hundreds of Guantanamo Bay prisoners.The decision "had no effect" on another provision...
More | Breaking Legal News
Court takes up free-speech case of pit bull videos
Supreme Court justices on Tuesday indicated that a federal law aimed at graphic videos of dog fights and other acts of animal cruelty goes too far in limiting free speech rights.The court heard argument on the Obama administration's appeal to reinstate a 10-year-old law that bans the production and sale of the videos. A federal appeals court struck down the law and invalidated the conviction of Robert Stevens of Pittsville, Va., who was sentenced to three years in prison for videos he made about pit bull fights.Several justices suggested that the law is too broad and could apply, for instance, to people who make films about hunting."Why not do a simpler thing?" Justice Stephen Breyer asked an administration lawyer. "Ask Congress to write a statute that actually aims at the frightful things...
More | Breaking Legal News
High court will review 'S&M Svengali' case
The Supreme Court has agreed to consider reinstating the sex trafficking and forced labor conviction of a man dubbed the "S&M Svengali."The justices said Tuesday they will hear an appeal filed by federal prosecutors in the case of Glenn Marcus, convicted after a sensational trial that dealt with mutilation and extreme humiliation. Arguments will be held early in 2010.Last year, the 2nd U.S. Circuit Court of Appeals ruled the conviction violated the Constitution because Marcus was convicted of breaking a law, the 2000 Trafficking Victims Protection Act, that wasn't in place when some offenses happened.In September 2007, Marcus was sentenced to nine years in prison for abusing a woman he photographed for his Web site, which reveled in sadomasochism. She was identified only as "Jodi."Just...
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