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UPDATE - Judges Consider Habeas Beyond Guantanamo:  SCOTUSblog's Lyle Denniston follows up on yesterday's post on al-Maqaleh, et al., v. Gates, et al. (Circuit docket 09-5265), and whether a D.C. Circuit Court panel will rule that Boumediene v. Bush applies to a military prison in Afghanistan.  Denniston reports that two judges "went searching" for a way for terrorism suspects to challenge detention when they are held overseas by the U. S. military, while Deputy U. S. Solicitor General Neal K. Katyal resisted at every turn.  Based on Denniston's report, Katyal's resistance could carry the day.  During argument, the detainees' counsel, Tina M. Foster, argued Boumediene was not limited to Guantanamo because the core issue is whether the government can hold any detainee for years, without any criminal charges, and never have to justify the captivity to a court.  Judges Tatel and Edwards did not appear to agree with this sweeping argument, and Foster's arguments did not appear to sway any judges.  Chief Judge Sentelle plainly told her that if habeas does not apply at Bagram, "you lose."  Mike Scarcella also reports on oral arguments at Blog of Legal Times, reporter Pete Yost covers the arguments for the Associated Press.   

Death Penalty Deters Texas Homicides:  At Sentencing Law and Policy, Doug Berman posts a link to an AP story reporting on a study that says the Texas death penalty deters homicides.  The article, by Michael Gracyzk, reports on a study of death penalty deterrence by researchers from Sam Houston State University and Duke University.  The study concluded that a monthly decline (between 0.5 to 2.5) of homicides in Texas follows each execution.  Criminologist Raymond Teske at Sam Houston in Huntsville and Duke sociologists, Kenneth Land and Hui Zheng, focused on Texas because the number of executions -- 447 since capital punishment resumed in 1982 -- is statistically significant enough "to make possible relatively stable estimates of the homicide response to executions."  Kent blogged on the study back in November, commenting that whatever monthly or "short-term deterrence this study finds is in addition to whatever long-term effect may exist."

Former Bush Lawyer Charged With Attempted Murder:  At Blog of Legal Times, David Ingram reports that John Michael Farren, "a onetime top official in both Bush presidencies," has been accused of attempting to kill his wife, Mary Margaret Farren.  According to the report by Ashby Jones on Wall Street Journal's Law Blog, Farren was arraigned today for last night's attack on his wife in their New Canaan, Connecticut home.  Both report that Mary Margaret Farren is in stable condition. 

Proposition 8 Hearings to be Broadcast on YouTube:  Today, on NRO's Bench Memos, Ed Whalen has a series of posts reporting on San Francisco federal judge Vaughn Walker's approval of a limited form of broadcasting for the Proposition 8 trial.  Whalen's three posts (here, here, and here) explain Whalen's belief that Judge Walker's order "should be overturned forthwith."  

Unrelated, But Fun, Baseball Story:  On Wall Street Journal's Law Blog, Ashby Jones reports that "Philly and NY Lawyers Tie For First in Oddest Bet Competition." 

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