The Second Circuit, in United States v. Voustianiouk, holds that the Fourth Amendment requires suppression, where police searched a second-floor apartment based on a warrant that authorized the search of a first-floor apartment. Conviction for possession of child pornography, and five-year sentence (of which already two years have been served) vacated.

The Supreme Court today issued an opinion in Zharkova v. Gaudreau, setting out the elements of common law marriage. The Supreme Court affirms Family Court's finding that the plaintiff had failed to prove those elements by the required standard of clear and convincing evidence.

Pro Jo reports that Gov. Chafee has signed the bill de-criminalizing possession of small amounts of marijuana. NOTE: This bill takes effect on April 1, 2013.

The Senate has approved a new Superior Court Justice, new Magistrates for the District and Family Court, and a new District Court Clerk.

California Prop. 8

The Ninth Circuit has denied rehearing in the Prop. 8 case, Perry v. Brown. The stage is now set for SCOTUS review . . .also likely in the First Circuit's DOMA case.

First Circuit holds Defense of Marriage Act unconstitutional. Commonwealth of Mass. v. U.S. Dept. H.H.S.

Gov. Chafee and Jason Pleau have applied to Justice Breyer for a stay of the First Circuit's mandate. Here's a link to the SCOTUS Docket for the application. Justice Breyer might act on the application himself, or he might refer it to the Justices' Conference. Here's a link to the stay application, courtesy of scotusblog.