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Finding an Attorney for Khalid Sheik Mohammed:  At Wall Street Journal's Law Blog, Ashby Jones reports that the attorney for Khalid Sheik Mohammed could be chosen from New York's "death list" - a group of 20 veteran defense lawyers with broad experience in death penalty and other complex criminal cases.  According to a New York Times story by Benjamin Weiser, the "death list" has at least two lawyers, Avraham C. Moskowitz and Joshua L. Dratel, who have some connection with terrorist attacks on the World Trade Center. Moskowitz even told Weiser, "I could not take that case, my background, my politics, my very essence would create the appearance of a conflict."  Whoever is chosen is up for a tough fight, particularly when a majority of Americans support the death penalty if KSM is found guilty.

A First for Justice Sotomayor:  Tony Mauro reports on Blog of Legal Times that Justice Sotomayor delivered her first opinion as a Supreme Court Justice today.  The opinion, Mohawk Industries v. Carpenter, held that disclosure orders adverse to attorney-client privilege do not qualify for immediate appeal under the collateral order doctrine.  Mauro reports that it is customary for first opinions to be unanimous and that the Carpenter opinion was unanimous.  Justice Thomas authored a concurring opinion.  Jonathan H. Adler also notes "Sotomayor's First" on Volokh Conspiracy.

Commentary on Michigan v. Fisher Yesterday, on Volokh Conspiracy, Orin Kerr posted his thoughts on the Court's decision in Michigan v. Fisher.  Kerr notes that the facts of Fisher are "pretty similar" to Brigham City v. Stuart, and is surprised that the Court decided to take the case.  He believes the Court may have taken the case as a form of "error-correction just to make sure the state Supreme Courts are paying attention."  Kerr also appears surprised by Justice Stevens' dissent from the opinion.  Kerr discusses the Justice's argument that "the Court is justified in micromanaging the day-to-day business of state tribunals," and wonders why Justice Stevens, who "isn't known for his passion for federalism," took this opportunity "to raise federalism concerns."

Releasing an "Unrepentant" Pedophile:  At Sentencing Law and Policy, Doug Berman links to a story describing that the "oldest sex offender" is about to be released in Upstate, New York.  The Buffalo News story, by Lou Michel, explains that twice convicted sex offender, Theodore A. Sypnier, is about to be released from prison even though the former District Attorney believes Sypnier "remains a threat."  Sypnier, a 100 year-old pedophile, remains "unrepentant," and claims he is the victim of a colossal miscarriage of justice.  The current Erie County District Attorney Frank A. Sedita III believes that Sypnier "can't be cured....He's evil."  Michel reports that Synpier was ruled ineligible for a lifetime of civil commitment, and that authorities plan to monitor him closely upon release.  He will be monitored until 2012, but New York's Division of Parole told Michel that "[a]fter 2012, we will no longer be supervising him."

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"Whoever is chosen is up for a tough fight, particularly when a majority of Americans support the death penalty if KSM is found guilty."

Getting death sentences for terrorists in NYC (where KSM is being tried) hasn't been so easy.

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