A three-year-old federal law that makes it a crime to falsely claim to have received a medal from the U.S. military is unconstitutional, an appeals court panel in California ruled Tuesday.

The decision involves the case of Xavier Alvarez of Pomona, Calif., a water district board member who said at a public meeting in 2007 that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration.

Alvarez was indicted in 2007. He pleaded guilty on condition that he be allowed to appeal on First Amendment grounds. He was sentenced under the Stolen Valor Act to more than 400 hours of community service at a veterans hospital and fined $5,000.

A panel of the 9th U.S. Circuit Court of Appeals sided with him in a 2-1 decision Tuesday, agreeing that the law was a violation of his free-speech rights. The majority said there's no evidence that such lies harm anybody, and there's no compelling reason for the government to ban such lies.

The dissenting justice insisted that the majority refused to follow clear Supreme Court precedent that false statements of fact are not entitled to First Amendment protection.

The act revised and toughened a law that forbids anyone to wear a military medal that wasn't earned. The measure sailed through Congress in late 2006, receiving unanimous approval in the Senate.

A judge on Monday ordered the release of a man who spent 13 years behind bars for trying to steal food from a church, his third offense under California's three-strikes law.

Tears streamed down Gregory Taylor's face when Judge Peter Espinoza amended his sentence to eight years already served. The judge asked a bailiff to get him a tissue.

He was taken back into custody and will be released when his paperwork is completed in at least two days.

Family members and supporters applauded and the 47-year-old Taylor quietly thanked the court and his lawyers for "giving me another chance ... and my family for sticking by me."

The Stanford Law Project filed a writ of habeas corpus seeking freedom for Taylor, who was sentenced in 1997 to 25 years to life under California's three-strikes law. The district attorney did not oppose the group's move.

An appeals court has ordered a new trial for a New York man convicted of using a samurai sword to kill his stepfather while he slept on a living room couch.

Zachary Gibian was convicted in 2006 of nearly beheading retired police officer Scott Nager in his home in Hauppauge (HAWP'-awg), on Long Island. Gibian was 20 at the time. He's serving 25 years to life in prison.

The Appellate Division of the state Supreme Court ruled errors were made in his trial. It faulted the trial judge for not allowing testimony about statements supposedly made by Gibian's mother.

Gibian testified it was his mother who killed Nager after she discovered her husband sexually abusing her son. She denied the allegations.

A federal appeals court judge from Illinois testified Wednesday that he felt threatened by a New Jersey blogger's inflammatory Internet tirades over a ruling supporting gun control.

The rant against a three-judge panel in Chicago "was a threat of violence," Judge William Bauer told jurors at a retrial in Brooklyn. "It suggested that the country would be better off if we were killed."

The death threat case against Hal Turner stems from the 7th U.S. Circuit Court of Appeals ruling in 2009 by Bauer and two other judges, Frank Easterbrook and Richard Posner, that upheld a district court decision dismissing lawsuits that challenged handgun bans in Chicago and Oak Park, Ill.

The same day, Turner blasted the decision with a lengthy post online. In one passage, he quoted Thomas Jefferson as saying, "The tree of liberty must be replenished from time to time with the blood of tyrants and patriots," court papers said.

A federal appeals court on Tuesday cleared the way for the roundup of more than 2,000 wild horses in California and Nevada, rejecting critics' claims that the free-roaming mustangs have a legal right to remain on the range.

In an after-hours order, the 9th Circuit Court of Appeals in San Francisco refused to grant an emergency stay sought by animal rights groups ahead of the scheduled roundup Wednesday.

The order came as lawyers for the Obama administration mounted their most vigorous defense to date for rounding up wild horses in the West, arguing in court filings that leaving the overpopulated herds on public rangeland would do the mustangs more harm than good.

Assistant U.S. Attorney Ignacia Moreno said in a court filing that the range cannot support the current population of horses, whose numbers were expected to grow. "The growing population of wild horses will have devastating impacts on the other resources in the area and on the wild horses themselves," Moreno wrote.

Justice Department lawyers were defending the roundup on behalf of the Bureau of Land Management and its plans to begin its biggest roundup of the year along the California-Nevada border, about 120 miles north of Reno. That number represents up to 80 percent of the existing herd.

A former B-2 bomber engineer who marketed and sold his stealth expertise to China is facing life in a federal prison following his conviction for bartering U.S. military secrets.

Noshir Gowadia, 66, was found guilty Monday on charges that he designed a cruise missile component for China and pocketed at least $110,000, which he allegedly used to help pay a $15,000-a-month mortgage on a multimillion-dollar oceanview home he built on Maui's north shore.

Prosecutors said Gowadia revealed classified information to foreign powers at least twice: during a PowerPoint presentation on his cruise missile technology, and when he showed the technology's effectiveness by comparing it to American air-to-air missiles.

"This case was unique in that we litigated know-how, the very concept of exporting your knowledge base that you derive, in whole or in part, from your activities working in United States classified programs," Assistant U.S. Attorney Ken Sorenson said. "If you can take that and go sell it or market yourself on an international stage in secrecy to other governments and not suffer criminal sanctions for it, then we're in trouble."

Gowadia's defense attorneys argued during the nearly four-month trial that while it's true he gave China the design for the cruise missile part, he based his work on unclassified, publicly available information. Gowadia plans to appeal.

Lawyers who represent children in dependency proceedings say it’s time for these children – regardless of which state they live – to have a right to legal counsel.

Meeting yesterday at the 2010 American Bar Association Annual Meeting in San Francisco, a panel of children’s rights advocates discussed eliminating the barriers that prevent lawyers from representing these children in life-impacting legal proceedings.  

According to the U.S. Department of Health and Human Services there are more than half a million children in foster care and under the jurisdiction of family courts.  These are children who have been, for example, removed from their homes, placed in temporary shelters and possibly separated from siblings.

When it comes down to who is looking out for the rights and interests of the children in the courtroom – a lawyer, a guardian ad litem or an attorney ad litem -- there is no clear-cut, uniform answer.

“Every state has a different model,” says Hilarie Bass, a Miami commercial litigator who does pro bono work representing foster kids.

She points out the obvious — that there are too many children who need help, without enough money in the system to serve them.  Despite those hurdles, Bass, who is also incoming chair of the American Bar Association Section of Litigation, says she expects the section to make a recommendation on the right to counsel for children that should come up for debate before the ABA’s policymaking body in 2011.

“It would be a recommendation to provide for counsel and representation of children in delinquency and dependency proceedings,” says Bass. 

ABA President Carolyn Lamm says the ABA is an association interested in promoting the best interest of children and finding solutions “before we have a crisis situation.”

Lamm adds, “These citizens are the most vulnerable of course, in terms of no one to defend their legal rights.  The ABA does so much work in the public interest.  This is a segment of the public that needs us and we are strong and forceful advocates for children and the rights of children to be represented."  

So far, the U.S. Supreme Court has not spoken on the issue of whether children have a constitutional right to counsel in dependency proceedings.

Georgia attorney Trenny Stovall directs the DeKalb County Child Advocacy Center and represents children in dependency proceedings every day.  She says children who don’t have their own lawyer do not have a voice.

“When children don’t have a lawyer, their ability to be considered a living being with rights is vastly diminished.  Without representation, they become a widget in the eyes of the court,” says Stovall.

Children like 16-year-old Trevor Wade — who has been through the dependency court system — will tell you that having a lawyer makes a difference.  He says his lawyer fought against a system that would have placed him back with an abusive father.  These days he’s an intern in a public defender’s office, helping kids who are going through the court system.

Wade hopes to go to law school and is zealous in his advocacy on this issue.

He says that when states and courts make decisions not to provide lawyers for children, the question that needs to be asked is, “What is the price of a child’s success?”