In February, the same court upheld the convictions [JURIST report] of two soldiers found guilty of offenses committed as guards at Abu Ghraib. Army Spc. Sabrina Harman [opinion, PDF] had been convicted [JURIST report] of conspiracy, dereliction of duty and maltreatment of prisoners dating back to November 2003. Sgt. Michael Smith [opinion, PDF], similarly, was found guilty [JURIST report] of conspiracy to maltreat prisoners, dereliction of duty, and indecent acts. Harman first gained notoriety by posing with a thumbs-up sign beside a pyramid of naked detainees, while Smith is best known for using a Belgian shepherd to intimidate prisoners. The appeals court upheld the convictions, finding no reversible error in the decision of the lower court, the Army Court of Criminal Appeals. Last May, the Obama administration decided not to release photographs [JURIST report] allegedly depicting rape and sexual assault carried out against Abu Ghraib detainees. In 2006, Abu Ghraib was turned over to Iraqi authorities and has since been renamed Baghdad Central Prison [JURIST report].

Militia groups such as the Hutaree are on the rise in the US. A recent report by the Simon Wiesenthal Center [advocacy website] suggests that a lack of regulation on the Internet [JURIST report] is fueling this increased prevalence. A report by the Southern Poverty Law Center (SPLC) [advocacy website; JURIST comment], released last year, noted that these groups are making a comeback [JURIST report] after declining in number for several years. The SPLC said that such groups are generally anti-tax, anti-immigration, and increasingly racially motivated since the election of the country's first African-American president, Barack Obama. The SPLC also warned that these groups could soon pose a security risk to the country, quoting one official as saying "[a]ll it's lacking is a spark. I think it's only a matter of time before you see threats and violence."

5/4/10 - Roberts has granted prosecutors' request to suspend the suspects' release. Prosecutors have until Wednesday to announce an appeal.

Last week, the Oklahoma Senate voted [JURIST report] to override Governor Brad Henry's veto of two anti-abortion bills. Earlier in April, the Oklahoma Senate voted to approve [JURIST report] five anti-abortion bills, sending three to Henry for his approval and returning two to the Oklahoma State House of Representatives [official website]. Pending House approval, two additional bills would require a woman to answer 38 questions [HB 3284 text, RTF], including why she is seeking an abortion, and prohibit state health plans from covering elective abortions [HB 3290 text, RTF]. The Oklahoma laws join another restrictive abortion law passed recently in Nebraska, which bans abortions after 20 weeks [JURIST report].

Last week, an IHEC review panel ordered the recount delayed [JURIST report] so the panel could determine what the recount would entail. On the same day, the panel nullified votes for 52 candidates whom it determined had ties to Saddam Hussein's Baath Party [BBC backgrounder]. The IHEC ordered a manual recount [JURIST report] of the ballots in Baghdad last month, following fraud allegations. The election commissioner for the IHEC informed the public that the Baghdad recount would begin immediately [Al Jazeera report], citing manipulation in voting stations. Al-Maliki's State of Law coalition alleged fraud [JURIST report] after a preliminary count showed the Iraqiya coalition headed by Iyad Allawi [personal website, in Arabic; Al Jazeera profile] held a slight lead. In February, an Iraqi appeals panel ruled [JURIST report] that 28 of the 500 candidates previously banned due to allegations of ties to the Baath Party could stand in the election. The initial ban was characterized by the Iraqi government as illegal and was reversed [JURIST reports] when the panel acknowledged that it did not have to rule on all 500 candidates at once. This came as a reversal of a previous decision, where it held [WSJ report] that the candidates could stand in the coming elections, but would have to be cleared of the allegations against them before taking office.

This case requires us to review the grant of a writ of habeas corpus to a state prisoner under the [AEDPA]. The District Court in this case issued the writ to respondent Reginald Lett on the ground that his Michigan murder conviction violated the Double Jeopardy Clause of the Constitution, and the U. S. Court of Appeals for the Sixth Circuit affirmed. In doing so, however, these courts misapplied AEDPA's deferential standard of review. Because we conclude that the Michigan Supreme Court's application of federal law was not unreasonable, we reverse.

In Lett's first trial on murder charges, the judge declared that the jury was deadlocked and declared a mistrial. A second trial was held, in which Lett was convicted of second-degree murder. The Michigan Supreme Court affirmed his conviction, and he filed a federal writ of habeas corpus.

Many recent disputes have arisen over freedom of press. Last month, the European Court of Human Rights (ECHR) [official website] ordered the government of Azerbaijan [JURIST report] to secure the immediate release of imprisoned Azeri journalist Eynulla Fatuallyev, who was jailed on what many international organizations claim are spurious charges. Also last month, many rights groups expressed concern [JURIST report] over a Fiji draft bill that would allow the government to sentence journalists to up to five years in prison for publishing controversial content and require them to reveal sources of information. In March, Amnesty International (AI) [advocacy website] urged the Cuban government [JURIST report] to allow more freedom of expression and release those jailed for criticizing the government. Norway finished tied for first in RSF's annual Press Freedom Index in 2009, 2008 and 2007, while Finland, Iceland, Ireland, and the Netherlands took the top spot in 2006 [JURIST reports].

When federal employees are sued for damages for harms caused in the course of their employment, the FTCA generally authorizes substitution of the United States as the defendant. Section 233(a) makes the FTCA remedy against the United States "exclusive of any other civil action or proceeding" for any personal injury caused by a PHS officer or employee performing a medical or related function "while acting within the scope of his office or employment." Based on the plain language of § 233(a), we conclude that PHS officers and employees are not personally subject to Bivens actions for harms arising out of such conduct.

The case was brought by the estate of Francisco Castaneda. Castaneda was detained by US Immigration and Customs Enforcement (ICE) in San Francisco in 2006. He was suffering from a lesion on his penis, which he brought to the attention of ICE medical personnel, but they did not order a biopsy. Castaneda subsequently died of penile cancer.

Judge ML Tahiliyani, specially appointed [PTI report] in January 2009 to preside over the trial of three suspects detained after the attacks, heard closing arguments [JURIST report] in the case in March. In January, Tahiliyani denied [JURIST report] Kasab's request for an international trial. Kasab claimed that he would not receive a fair trial in India. In December, Kasab withdrew his confession [JURIST report], claiming he was tortured and framed by police. Kasab originally pleaded not guilty last year, but interrupted his trial to confess and change his plea to guilty [JURIST reports] in July. Tahiliyani continued the trial [JURIST report] despite Kasab's confession, ruling that it was incomplete but should be entered into the record. Kasab claimed that he is not the man [Times of India report] seen in a photograph holding an assault rifle in the train station. Kasab testified that he had been arrested by police days before the attacks for being Pakistani and that police shot him to make it look like he had been injured during the attacks.