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Tag Archives: Judge Paul V. Niemeyer

Pre-publication rule doesn’t violate First Amendment (access required)

Where former employees of national security agencies voluntarily signed agreements giving the agencies prepublication review of certain materials they intend to publish, they knowingly waived their First Amendment rights to challenge the requirement that they submit materials for review. Moreover, ...

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Sex offender denied visits with minor daughter (access required)

Where the convicted sex-offender failed to show a regulation prohibiting sex offenders from having in-person visits with minors unless they received an exception lacked “a rational relation to legitimate penological interests,” his First Amendment right to association claim was dismissed. ...

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Fair trial not affected by use of hearing-impaired juror (access required)

Where the trial judge overseeing the defendant’s trial for first-degree murder and armed robbery was aware of a juror’s hearing impairment, and took steps to address it, including repeatedly questioning the juror and confirming with counsel that they could proceed, ...

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Ineffective assistance claim barred, without merit (access required)

Where a defendant convicted of murder, burglary, kidnapping and related crimes previously claimed that his trial counsel’s performance was constitutionally deficient, and the state post-conviction court rejected that claim, he could not introduce new evidence in his federal habeas petition. ...

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Hearing ordered on ineffective assistance claim in capital case (access required)

Where a defendant who was sentenced to death for his role in a murder for hire plot alleged his trial counsel provided ineffective assistance by failing to investigate adequately his brain injury and potential mental illness, and failing to introduce ...

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