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Federal Appeals Court Upholds Death Sentence for Rapist in 1979 Murder:  Bob Egelko of the San Francisco Chronicle reports on a Ninth Circuit decision affirming the death sentence of Harvey Heishman, who was convicted of murdering an Oakland woman in 1979.  Heishman fatally shot 28-year-old Nancy Lugassy in her front yard after she told police that Heishman raped her.  In appealing his death sentence, Heishman's attorneys claimed his trial lawyers failed to adequately investigate his background, including physical and sexual abuse he experienced as a child.  The Ninth Circuit concluded that while trial counsel's performance may have been deficient in some respects, any error would not have affected the verdict - especially in light of the heinousness of the crime and Heishman's eight previous sexual assaults.  Heishman may still seek reconsideration by the Ninth Circuit or appeal to the U.S. Supreme Court.

Crackdown on Cell Phones in Prison:  The AP has this story about Mississippi's latest efforts to crack down on cell phone possession by the state's prison population.  The state's department of corrections has signed on with private companies to immobilize the cell phones by sending radio waves to intercept the unauthorized calls.  Emergency and official calls will still go through, but inmates attempting to make a call will hear a recorded message informing them that "the cellular device you are using ... has been identified as contraband ... the device will no longer function."  While illegal possession of cell phones by inmates is widespread, Mississippi is the first to use such a system.  The state reports it has confiscated over 5,000 cell phones in the past two years. 

Proposed ICE Policy Could Let Illegals Go Free:  Jana Winter of FoxNews.com reports on a proposed ICE policy that would prevent immigration officers from detaining illegal immigrants discovered during traffic stops.  The proposal includes several exceptions, allowing detainment of illegals with prior convictions or previous deportations, or where the traffic stop involves alcohol or drugs, but those not fitting within these categories would be let go.  ICE has defended against criticism of the proposal, with one official claiming it is simply a way to "solicit public input on how to best set priorities for the use of our limited detention resources to protect public safety.     

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