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Lethal Injection: A federal district judge has refused to stay the execution by lethal injection of multiple murderer Daniel Siebert as reported in this morning's Fort Wayne Journal Gazette. The judge ruled that Siebert's challenge to Alabama's lethal injection procedure was untimely. The actual order is sealed, according to the Pacer docket. Siebert is scheduled to be executed on Thursday for the murder of a single mother and her two young sons in 1986. He was also convicted of murdering a young woman in a neighboring apartment and confessed to killing several other women.
Update: AP reports, "The 11th Circuit gave attorneys until Wednesday morning to file papers in Siebert's appeal, which means a ruling likely wouldn't come until Wednesday afternoon or Thursday morning."

Sex Offenders: Federal District Judge Paul Cassell in Utah has ruled (decision on page 82) that sex offenders who fail to register after moving to another state are not subject to the increased penalties under the Adam Walsh Child Protection Act, if they moved before February 28, 2007, when the U.S. Attorney General issued the interim rule announcing that the registration requirement applied retroactively. A story by Pamela Manson in the Salt Lake Tribune reports that charges were dropped against repeat sex offender John Gill, although he failed to register with Utah law enforcement after moving from Idaho, because he moved in the fall of 2006. To date, the U.S. Attorney has not decided whether to appeal the decision.

How not to brief: Prof. Eugene Volokh grades the defendant's brief in the Supreme Court child pornography case of United States v. Williams.

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Regarding Prof. Volokh's criticism of the brief in US v. Williams, he'd get a real eye opener with a survey of petitioner's briefs in capital habeas cases. Briefing by boilerplate, platitudes and obfuscation is commonplace.

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