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ACLU Sues over California's Proposition 69:  Today on KQED's Forum, Michael Krasny hosted a panel discussion discussing the ACLU's challenge to voter approved Proposition 69.  Proposition 69 requires DNA samples of anyone arrested of a felony, and in Haskell v. Brown, the ACLU claims that the law violates privacy rights.  Michael Rushford, President of the Criminal Justice Legal Foundation, joined the panel to discuss the lawsuit with Kara P. Dansky, executive director of the Stanford Criminal Justice Center, and Michael T. Risher, the ACLU attorney filing the class action. 

Who Is Behind the Court's Criminal Law Grants?
  At Sentencing Law and Policy, Doug Berman wonders whether Justices Alito and Sotomayor are behind "all the big criminal law SCOTUS action?"  Berman notes that after today's certiorari grants in Holland, Marcus and Skilling v. United States, the Supreme Court has agreed to hear six criminal law cases in the past month.  He believes that the addition of two former prosecutors (Justices Alito and Sotomayor) may have led to the grants.  He speculates that the two Justices are "likely find a range of criminal law topics inherently more interesting than their colleagues, and they also likely understand more fully how important clarity and certainty is to the work of all criminal justice practitioners."

Supreme Court to Hear Former Enron President's Appeal:  At The Blog of the Legal Times, Tony Mauro reports on the Supreme Court's decision to review former Enron President Jeff Skilling's claim that "the massive pretrial publicity and 'community passion' in Houston surrounding Skilling's trial created a presumption of juror prejudice, and the presumption requires that Skilling's conviction be reversed.  Mauro reports that the Skilling case places before the Court, for the third time this term, the issue of how much proof a prosecutor must offer in order to win a conviction for failing to provide "honest services" to someone else.  The other two cases, Black v. United States and Weyhrauch v. United States will be heard in December.  Both Mauro, and Lyle Denniston at SCOTUSblog, report that the Court granted certiorari in Skilling against the advice of Solicitor General Elena Kagan.  Kagan had filed a brief urging the Court to keep Skilling's appeal pending the outcome of Black.  Nathan Koppel also posts on the Skilling grant at Wall Street Journal's Law Blog. Koppel predicts that, based on his dissent in Sorich v. United States, Justice Scalia could be "looking to put the breaks on this area of law."

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