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Maryland’s highest court has agreed to take up the case of Lee Boyd Malvo, who is serving life in prison for his role in the 2002 sniper spree that terrorized the Washington, D.C., region.

Malvo’s lawyers argue that his punishment goes against a 2012 Supreme Court ruling barring mandatory life sentences without parole for juvenile offenders and Malvo should benefit from Maryland’s new law enabling prisoners convicted as juveniles to seek release once they’ve served at least 20 years.

The state Court of Appeals granted a “bypass” review in Malvo’s case and that of two others serving life sentences for crimes committed as youths, news outlets report. The order issued Wednesday scheduled oral arguments to begin in January.

Malvo was 17 when he and John Allen Muhammad embarked on a killing spree that left 10 people dead and three wounded in Maryland, Virginia and the District of Columbia. Others were killed as the pair made their way to the D.C. region from Washington state. Muhammad was executed in 2009.

Malvo has claimed that the six life-without-parole terms he received in Maryland are illegal in light of U.S. Supreme Court decisions saying mandatory life-without-parole sentences are unconstitutional for juveniles except in rare cases.

His case may have new standing after Maryland’s General Assembly abolished life without parole for youths, overriding a veto by Gov. Larry Hogan. Virginia passed similar legislation last year. That change prompted Malvo to drop a legal appeal that had gone to the Supreme Court to determine if his life sentence should be rescinded.



A federal judge has found that a part of Georgia’s sweeping new election law that broadly prohibits the photographing of a voted ballot is likely unconstitutional.

U.S. District Judge J.P. Boulee on Friday granted a preliminary injunction on that section of the law, meaning it cannot be enforced for now. In the same order, he declined to block a number of other provisions that mostly have to do with monitoring or photographing parts of the election process.

The judge’s order came in a lawsuit filed by the Coalition for Good Governance, an election integrity group, and others. Boulee wrote that the plaintiffs in the lawsuit “have shown a substantial likelihood of success on the merits of their claim” that the broad ban on photographing a voted ballot in both public and nonpublic places violates their First Amendment rights.

The new law, known as SB 202, also adds a voter ID requirement for mail ballots, shortens the time period for requesting a mail ballot, results in fewer ballot drop boxes available in metro Atlanta and gives the State Election Board new powers to intervene in county election offices and to remove and replace local election officials.

There are currently eight federal lawsuits challenging parts of the 98-page law enacted earlier this year, including one filed by the U.S. Department of Justice.

“The Court’s striking of the Photography Ban was an important first step in demonstrating that SB202 is an overreach by lawmakers who prefer ballots to be counted behind closed doors, blocking the important oversight of the press and public,” Marilyn Marks, executive director of the Coalition for Good Governance said in a statement.

The office of Secretary of State Brad Raffensperger, who’s a defendant in the lawsuit along with the members of the State Election Board, did not immediately respond to a request for comment Monday. But he has previously said he’s confident the new law will withstand court challenges.

While the lawsuit filed by the Coalition for Good Governance challenges many aspects of the law, including the part that allows the State Election Board to remove county election superintendents, the request for preliminary injunction that was the subject of Boulee’s ruling was relatively narrow.

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