RI - DHS has issued a new regulation effective Sept. 3, 2012, providing for Medicaid interception of certain insurance payments made to Medicaid recipients. The regs include a process for requesting a pre-intercept hearing.

The Massachusetts Supreme Judicial Court today recognized a "judicial deliberative privilege" that protects the thought processes of a judge in reaching judicial decisions. In re Enforcement of a Subpoena. The matter arose in the context of a judicial ethics investigation of a trial judge. The investigation was initiated by a district attorney who was concerned about the judge's handling of various criminal matters. The SJC severely restricted the investigative body's ability to get behind the judge's decisions. H/T Howard Bashman.

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.