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Appeals

Appeals court halts special master review of Trump Mar-a-Lago records

An 11th Circuit panel removed a major obstacle in the Justice Department’s investigation into the potential mishandling of classified records.

Can’t run the clock on immunity claims

NEW ORLEANS — The Fifth Circuit ruled that a Texas federal court erred when it deferred its ruling, by scheduling order, on law enforcement officers’ qualified immunity defense in a wrongful death suit brought by the mother of an inmate who died of a heart attack. Where public officials assert qualified immunity in a motion to dismiss, it must be ruled on prior to discovery.

US citizen handed to ICE

ST. LOUIS — The Eighth Circuit sided with a Mexican-born Minnesotan who was held in a county jail for four hours before being placed in Immigration and Customs Enforcement’s custody after an officer found she had been driving without a license. The jail’s policy of giving all foreign-born detainees to ICE, regardless of their U.S. citizenship status, violates the equal protection clause and constitutes false imprisonment.

Supreme Court takes up fight over Biden’s student loan forgiveness plan

The Biden administration asked the justices to clear legal hurdles holding up a debt-forgiveness plan unveiled in August.

Gang member conviction reversed

SAN FRANCISCO — The California Supreme Court overturned the conviction of a gang member who was found guilty of intending to kill rival gang members, ruling that the appeals court unreasonably inferred that he knew a killing would happen hours after he made gang signs in rival territory. The guns he had access to were not linked to shootings or killings, and merely cheerleading for violence on social media does not constitute intent to kill.

Kosovo war veterans argue for reversal of witness tampering convictions

The tribunal hearing the appeal operates under Kosovo law but is located in The Hague and staffed with international judges and lawyers in an attempt to prevent corruption.

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