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This case in the Mississippi Supreme Court is a post-conviction appeal of a pro se defendant, Mr. Soweto Love, who argued that his guilty plea was not entered knowingly, voluntarily, and intelligently. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Mississippi, filed an amicus brief arguing that the law is on Mr. Love’s side, but urging the Court to exercise its discretion to inform Mr. Love that a win could resuscitate his charge and expose him to longer sentences. Consistent with the ACLU amicus brief, the Mississippi Supreme Court held that the trial court had plainly erred by misinforming Mr. Love that his applicable mandatory minimum was one year of imprisonment on each count to which he had pled guilty, when in in fact the mandatory minimum sentence was five years’ imprisonment on each count. The Court remanded Mr. Love’s case to the trial court for an evidentiary hearing.

This federal class-action lawsuit alleges that the federal government’s post-conviction supervision system in Washington, D.C., violates Section 504 of the Rehabilitation Act by systematically failing to accommodate the needs of people with disabilities on supervision.

Whether punishing unhoused people who for sleeping in public when they have no access to shelter violates the Eighth Amendment’s prohibition on cruel and unusual punishment.