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Maryland’s highest court reviewing teen sniper’s life term
Topics | 2021/08/30 01:00
Maryland’s highest court has agreed to take up the case of Lee Boyd Malvo, who is serving life in prison for his role in the 2002 sniper spree that terrorized the Washington, D.C., region.

Malvo’s lawyers argue that his punishment goes against a 2012 Supreme Court ruling barring mandatory life sentences without parole for juvenile offenders and Malvo should benefit from Maryland’s new law enabling prisoners convicted as juveniles to seek release once they’ve served at least 20 years.

The state Court of Appeals granted a “bypass” review in Malvo’s case and that of two others serving life sentences for crimes committed as youths, news outlets report. The order issued Wednesday scheduled oral arguments to begin in January.

Malvo was 17 when he and John Allen Muhammad embarked on a killing spree that left 10 people dead and three wounded in Maryland, Virginia and the District of Columbia. Others were killed as the pair made their way to the D.C. region from Washington state. Muhammad was executed in 2009.

Malvo has claimed that the six life-without-parole terms he received in Maryland are illegal in light of U.S. Supreme Court decisions saying mandatory life-without-parole sentences are unconstitutional for juveniles except in rare cases.

His case may have new standing after Maryland’s General Assembly abolished life without parole for youths, overriding a veto by Gov. Larry Hogan. Virginia passed similar legislation last year. That change prompted Malvo to drop a legal appeal that had gone to the Supreme Court to determine if his life sentence should be rescinded.


Judge tells prison to seize Nassar’s money for victims
Topics | 2021/08/23 01:55
A judge ordered the government to take money from the prison account of a former Michigan sports doctor who owes about $58,000 to victims of his child pornography crimes.

Larry Nassar has received about $13,000 in deposits since 2018, including $2,000 in federal stimulus checks, but has paid only $300 toward court-ordered financial penalties and nothing to his victims, prosecutors said.

He had a prison account balance of $2,041 in July.

“Because (Nassar) has received substantial non-exempt funds in his inmate trust account since incarceration, he was required by law to notify the court and the United States attorney and to apply those funds to the restitution that he still owed,” U.S. District Judge Janet Neff said Thursday.

In a court filing, Nassar said he had received “gifts” from “third parties.”

He said inmates should be paid a “living wage” for prison jobs so they can “make reasonable payments towards restitution.”

Nassar was a doctor at Michigan State University and USA Gymnastics, which trains Olympians. He pleaded guilty in federal court to child pornography crimes before pleading guilty in state court to sexually assaulting female gymnasts.

Nassar is serving decades in prison.


Maine ban on religious tuition funding goes to Supreme Court
Topics | 2021/02/05 23:17
Three families demanding that the state pay tuition for religious schools are taking their appeal to a U.S. Supreme Court that looks much different than when the lawsuit was filed more than two years ago.

The conservative shift of the U.S. Supreme Court and a ruling in a Montana case make attorneys for the Maine families more optimistic that they'll prevail in changing the state's stance, which dates to 1980. The Supreme Court will decide whether to hear the appeal, filed Thursday.

“The court should grant this case and resolve this issue once and for all,” said the families' attorney, Michael Bindas, from the Institute for Justice.

The Maine Department of Education currently allows families who reside in towns without their own public schools to receive tuition to attend a public or private school of their choice. But religious schools are excluded.

There have been several lawsuits over the years, but the courts always have sided with the state, which contends using taxpayer dollars to fund religious education violates the separation of church and state.

The latest lawsuit targeting Maine's tuition program was filed in August 2018 after the Supreme Court held that a Missouri program was wrong in denying a grant to a religious school for playground resurfacing.


More protests called in Moscow to demand Navalny’s release
Topics | 2021/02/01 22:42
Moscow braced for more protests seeking the release of jailed opposition leader Alexei Navalny, who faces a court hearing Tuesday after two weekends of nationwide rallies and thousands of arrests in the largest outpouring of discontent in Russia in years.

Tens of thousands filled the streets across the vast country Sunday, chanting slogans against President Vladimir Putin and demanding freedom for Navalny, who was jailed last month and faces years in prison. Over 5,400 protesters were detained by authorities, according to a human rights group.

One of those taken into custody for several hours was Navalny’s wife, Yulia, who was ordered Monday to pay a fine of about $265 for participating in an unauthorized rally.

While state-run media dismissed the demonstrations as small and claimed that they showed the failure of the opposition, Navalny’s team said the turnout demonstrated “overwhelming nationwide support” for the Kremlin’s fiercest critic. His allies called for protesters to come to the Moscow courthouse on Tuesday.

“Without your help, we won’t be able to resist the lawlessness of the authorities,” his politician’s team said in a social media post.

Mass protests engulfed dozens of Russian cities for the second weekend in a row despite efforts by authorities to stifle the unrest triggered by the jailing of 44-year-old Navalny.

He was arrested Jan. 17 upon returning from Germany, where he spent five months recovering from nerve-agent poisoning that he blames on the Kremlin. Russian authorities reject the accusation. He faces a prison term for alleged probation violations from a 2014 money-laundering conviction that is widely seen as politically motivated.

Last month, Russia’s prison service filed a motion to replace his 3 1/2-year suspended sentence from the conviction with one he must serve. The Prosecutor General’s office backed the motion Monday, alleging Navalny engaged in “unlawful conduct” during the probation period.


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