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Eve Brensike Primus

@primuseve.bsky.social
911 followers 93 following 121 posts

Law Professor at the University of Michigan Law School (criminal procedure, evidence, habeas corpus); Public Defender; Director, MDefenders Program michigan.law.umich.edu/faculty-and-…

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Eve Brensike Primus @primuseve.bsky.social · 26/09/2026
Attn: @umichlaw.bsky.social and @mdefenders.bsky.social is hiring a Clinical Assistant Professor of Law/Associate Director for the new MDefenders Center for Public Defense. Job posting here: careers.umich.edu/job_detail/2.... Come work w/me to train the next generation of public defenders!
careers.umich.edu
Clinical Assistant Professor of Law and Associate Director MDefenders Center for Public Defense | U-M Careers
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Orin Kerr @orinkerr.bsky.social · 25/09/2026
Use of a cell-site simulator is a Fourth Amendment search under Chatrie and Carpenter, Fourth Circuit holds, agreeing w/ Maryland courts. (But also, there is QI here, as no federal court of appeals has reached the issue yet and this occurred back in 2014.) www.ca4.uscourts.gov/opinions/181...
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Eve Brensike Primus @primuseve.bsky.social · 19/09/2026
I just posted a new article challenging the idea that public defense must choose b/t "vertical" representation, in which the same attorney handles a case from initial appearance to disposition & "horizontal" representation, in which different attorneys handle different stages of the same case. /1
papers.ssrn.com
Beyond the Horizontal-Vertical Divide: The Case for Team-Based Representation in Public Defense
This Article challenges the conventional wisdom that public defense systems must choose between "vertical" representation, in which the same attorney
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MDefenders at Michigan Law @mdefenders.bsky.social · 08/09/2026
An incredible Public Defender Training Institute Retreat this weekend preparing students for careers in indigent defense. Thanks to amazing cofacilitators Rick Barinbaum Saeeda Joseph-Charles Blase Kearney & Anna Yaldo for your time wisdom & thoughtful feedback michigan.law.umich.edu/public-defen...
michigan.law.umich.edu
Public Defender Training Institute | University of Michigan Law School
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Eve Brensike Primus @primuseve.bsky.social · 26/08/2026
I am so thrilled to announce that MDefenders has received this grant. We are very excited about what this funding will do to enable us to grow and expand. Go Blue!
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Patrick Bryant @patrickbryant.bsky.social · 25/08/2026
This is such a tremendous program! Any one of these events would be more than I had access to in law school, and they've got a whole semester full of them! No wonder that all the UM alum defenders I know are excellent.
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Eve Brensike Primus @primuseve.bsky.social · 25/08/2026
Attention @umichlaw.bsky.social students: if you are interested in public defense or criminal legal system reform, please check out the MDefenders calendar of events below and join us!
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Eve Brensike Primus @primuseve.bsky.social · 18/08/2026
So it is Orientation week @umichlaw.bsky.social, and I have the pleasure and honor of leading one of this year's initial sessions on how to prepare for law school classes. I can't wait to meet all of the incoming 1Ls and talk to them about the three-year journey ahead.
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Orin Kerr @orinkerr.bsky.social · 17/08/2026
Divided 4th Circuit: The warrant to search a house was so lacking in probable cause here—as it failed to show a nexus between the drug activity and this home—that the good faith exception does not apply. Per Benjamin w/Gregory; Heytens dissents. www.ca4.uscourts.gov/opinions/224...
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Orin Kerr @orinkerr.bsky.social · 17/08/2026
Although asking a person for ID does not trigger a 4th Amendment seizure, an officer telling a person who has refused the request that the officer is making a lawful order requiring the person to hand over the ID *does* trigger a seizure, CA2 holds. ww3.ca2.uscourts.gov/decisions/OP...
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Eve Brensike Primus @primuseve.bsky.social · 16/08/2026
I am halfway through my day of meeting individually with all of the rising 3L public defender students @umichlaw.bsky.social. They are such an impressive group. Look out PD world! You got some gems coming your way.
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CalMatters @calmatters.org · 16/08/2026
The California Supreme Court threw out a guilty plea from a woman who did not understand that a conviction would jeopardize her immigration status. cal.news/3SGcP6Z 📸 Jeff Chiu, AP
The California Supreme Court building in San Francisco on Jan. 7, 2020. Photo by Jeff Chiu, AP Photo
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Valena Beety @valenabeety.bsky.social · 14/08/2026
Thank you @statecourtreport.org Kathrina Wolfkot @brennancenter.org, discussing faulty forensic evidence at trial as a due process violation even in states w/out junk science writs. Sotomayor's McCrory concurrence signals state legislatures to adopt junk science writs, too. tinyurl.com/mvtsk4st
tinyurl.com
Do “Junk Science” Convictions Violate Due Process?
The U.S. Supreme Court has never ruled that a conviction obtained using later-discredited scientific evidence is unconstitutional; relief in these situations depends on state law.
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Matthew Segal @segalmr.bsky.social · 01/08/2026
For those of you interested to urge your state courts to chart an independent course, feel free to reach out. Here’s the amicus brief by the ACLU of MI and the national ACLU in the Michigan case: www.aclu.org/cases/people...
aclu.org
People v. Jennings | American Civil Liberties Union
This case asks whether Michigan should adopt an approach to state constitutional interpretation that prioritizes Michigan sources and does not automatically require reference to parallel federal provi...
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Eve Brensike Primus @primuseve.bsky.social · 31/07/2026
The disaster with the WA Bar Exam is awful. Students worked hard & now their start dates are pushed back. WA needs to grant diploma privilege admission to those who satisfy minimal requirements w/respect to law school performance or give provisional licenses now. www.spokesman.com/stories/2026...
spokesman.com
'An absolute disaster': 645 prospective Washington lawyers left in limbo after bar exam cancelled over technology issue
Mick Guile is one of about 30 recent law school graduates who planned to join the King County Public Defender’s Office this fall.
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Eve Brensike Primus @primuseve.bsky.social · 23/07/2026
Such a pleasure to join @pdefenselesspod.bsky.social & talk about my article: "Waiting for Justice: Unconstitutional Delays in the Appointment of Criminal Defense Counsel." Defense attorneys in places with appointment delays can read more about what they can do here: papers.ssrn.com/sol3/papers....
papers.ssrn.com
Waiting for Justice: Unconstitutional Delays in the Appointment of Criminal Defense Counsel
<p><span>The Constitution guarantees a right to counsel in criminal cases, but indigent criminal defendants are commonly left to languish in jail without legal
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Andrew Guthrie Ferguson @profferguson.bsky.social · 29/06/2026
Major Fourth Amendment win. Geofence queries are searches violating a reasonable expectation of privacy and requiring a warrant. Huge implications that digital Is different for the Fourth Amendment. www.supremecourt.gov/opinions/25p...
supremecourt.gov
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Andrew Guthrie Ferguson @profferguson.bsky.social · 29/06/2026
Here are my 10 big takeaways from Chatrie – this term’s biggest Fourth Amendment case. The stakes were high. The US government argued that they could obtain any location data from anyone for any reason without a warrant. The Supreme Court rejected that argument. www.supremecourt.gov/opinions/25p...
supremecourt.gov
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Orin Kerr @orinkerr.bsky.social · 30/06/2026
Govt gets warrant for two weeks of records, but provider overproduces and sends extra records. Connecticut SCT: Whether or not the provider was a state actor here, 4A requires a 2nd warrant before the government can retain & use overproduced records. www.jud.ct.gov/external/sup...
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CalMatters @calmatters.org · 16/06/2026
A new commission made up of legislators, public defenders, academics and advocates seeks to push California to begin providing resources and enforcing minimum standards for county public defender systems. cal.news/4vb5cU9 📸 Miguel Gutierrez Jr.
Assemblymember Nick Schultz at his desk before the start of the State of the State address in the Assembly chamber at the state Capitol in Sacramento on Jan. 8, 2026. Photo by Miguel Gutierrez Jr., CalMatters. HED:  New commission takes aim at California’s broken public defense system
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Orin Kerr @orinkerr.bsky.social · 04/06/2026
After Bruen established 2nd Amendment limits on criminal laws on gun possession, police observing a person in possession of a gun do not automatically have reasonable suspicion to stop them for illegal gun possession, Appellate Court of Maryland rules. mdcourts.gov/data/opinion...
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Orin Kerr @orinkerr.bsky.social · 03/06/2026
Anonymous tip about felon with a gun leads to traffic stop and discovery of the gun. Prosecution puts on evidence of the tip at trial to explain the stop and officers' public safety concerns. CA8: Admitting tip violated Confrontation Clause, reversed. ecf.ca8.uscourts.gov/opndir/26/06...
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MDefenders at Michigan Law @mdefenders.bsky.social · 01/06/2026
New Data for Defenders: a motion seeking to preclude use of the term “victim,” arguing that the label presupposes guilt and undermines the presumption of innocence datafordefenders.org
datafordefenders.org
Data for Defenders
Bringing Social Science into the Courtroom
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Orin Kerr @orinkerr.bsky.social · 29/05/2026
Holding 17 year old for seven hours alone, refusing his requests to see his mother, claiming they had video evidence, and threatening the death penalty made resulting confession of committing two murders involuntary and inadmissible, Tenn SCT rules. www.tncourts.gov/sites/defaul...
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Ashton Pittman @ashtonpittman.bsky.social · 28/05/2026
The US Supreme Court has ruled in favor of a Black death-row inmate in Mississippi who alleged racial bias in the makeup of the jury that convicted him. Justice Brett Kavanaugh wrote the opinion, joined by Justices John Roberts, Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson.
mississippifreepress.org
Supreme Court Rules for Black Death Row Inmate in Mississippi Over Racial Bias in Jury Makeup
The Supreme Court on Thursday ruled for Terry Pitchford, a Black death row inmate in Mississippi, over racial bias in the jury that convicted him.
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Orin Kerr @orinkerr.bsky.social · 27/05/2026
Md SCT: The government can't use data about an area being a high-crime neighborhood to help justify a stop if the officer didn't know of the specific data when he made the stop. If it was learned later, it can't be part of the suspicion calculus. www.mdcourts.gov/data/opinion... #N
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Eve Brensike Primus @primuseve.bsky.social · 26/05/2026
In Andrew v. White, the Court said “certain principles are fundamental enough that when new factual permutations arise, the necessity to apply the earlier rule will be beyond doubt," and state courts will have no excuse for ignoring that law. I hope federal habeas courts take that language to heart.
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Eve Brensike Primus @primuseve.bsky.social · 11/05/2026
So proud of the @mdefenders.bsky.social Class of 2026. Our graduation ceremony was standing room only & filled with laughter, tears, & well wishes for these outstanding client-centered advocates. We are all so proud of you and can't wait to see all the good trouble that you will make in the world!
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Eve Brensike Primus @primuseve.bsky.social · 01/05/2026
Excited to be presenting at the Criminal Ethics Schmooze at Fordham Law this morning about the structure of indigent defense delivery and how we can and should talk about horizontal vs vertical defense.
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Eve Brensike Primus @primuseve.bsky.social · 30/04/2026
“[B]ail must generally be set in an amount that is reasonably attainable, in order to effectuate the defendant’s constitutional right to pretrial release on bail.” Amazing victory.
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Eve Brensike Primus @primuseve.bsky.social · 30/04/2026
What an incredible group of @mdefenders.bsky.social students in the Public Defender Training Institute this year. I can't wait to see what they will do on and off the court after they graduate this spring!
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Eve Brensike Primus @primuseve.bsky.social · 28/04/2026
Paul Heaton @quattronecenter.org recently accused ChatGPT of sending fake text messages from him to people (an impossible crime). Chat denied it, but Paul used techniques from the Reid Interrogation Method, the method used by US law enforcement, to wear Chat down and get it to falsely confess. 🧵
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Matthew Segal @segalmr.bsky.social · 26/04/2026
MASSACHUSETTS SJC: Pretextual traffic stop conducted *24 hrs* after alleged traffic infraction violated the Massachusetts Declaration of Rights. www.mass.gov/doc/commonwe...
Commonwealth v. Arias case captionWhile surveilling the defendant as part of a drug investigation, a Boston police officer in an unmarked vehicle witnessed the defendant commit a civil traffic infraction. Twenty-four hours later, the officer, who again was surveilling the defendant from an unmarked vehicle, requested that other officers stop the defendant's vehicle. During the ensuing stop, police discovered cocaine on the defendant's person and in his vehicle. The defendant moved to suppress the evidence obtained during the stop, a judge denied the motion in large part, and the defendant was convicted of one count of trafficking cocaine.Considering the totality of the circumstances here, where the Commonwealth has shown that some amount of delay in stopping the defendant for a civil traffic violation was reasonable but has not provided any reasonable justification for a delay lasting twenty-four hours, we conclude that the Commonwealth has not met its burden to show that the stop of the defendant was reasonable. The defendant's motion to suppress therefore should have been granted.
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Eve Brensike Primus @primuseve.bsky.social · 25/04/2026
Ieshaah Murphy has a great article out entitled "Defenders Assemble: A Blueprint for Building Antiracist Public Defender Offices." It's a must read for public defenders but also for those of us who educate aspiring public defenders. We can and should be better. scholarship.shu.edu/cgi/viewcont...
scholarship.shu.edu
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Eve Brensike Primus @primuseve.bsky.social · 24/04/2026
I recently had the honor of giving the keynote address at the Idaho Law Review's symposium on transforming public defense. I talk the importance of public defense work and what needs to be done to make it meaningful going forward. Remarks now available on ssrn: papers.ssrn.com/sol3/papers....
papers.ssrn.com
A Foundation, Not a Finish Line: Statewide Structure and the Future of Public Defense
<p>This keynote address is, at its core, a love letter to public defense — to the defenders who stand beside accused people every day, force the system to recog
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Radley Balko @radleybalko.bsky.social · 23/04/2026
New from me: How a Quattrone Center criminologist got ChatGPT to falsely confess to a crime. theintercept.com/2026/04/23/c...
theintercept.com
ChatGPT Confessed to a Crime It Couldn’t Possibly Have Committed
A renown criminologist’s experiment with ChatGPT demonstrates the destructive power of police to elicit false confessions.
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Nick Turse @nickturse.bsky.social · 23/04/2026
A renown criminologist’s experiment with ChatGPT demonstrates the destructive power of police to elicit false confessions. Another must-read by @radleybalko.bsky.social theintercept.com/2026/04/23/c...
theintercept.com
ChatGPT Confessed to a Crime It Couldn’t Possibly Have Committed
A renown criminologist’s experiment with ChatGPT demonstrates the destructive power of police to elicit false confessions.
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Eve Brensike Primus @primuseve.bsky.social · 22/04/2026
As we celebrate Administrative Professionals Day, I want to thank Amber Conway, Sydney Greenwood, & Sofia Nelson for all they do to make @mdefenders.bsky.social possible. We couldn't offer the programming & support we do w/o their energy, enthusiasm, & hard work. Thank you!
media.tenor.com
a yellow and blue flag with the letter m on it and the words go blue
ALT: a yellow and blue flag with the letter m on it and the words go blue
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Lori Hoetger @profloriann.bsky.social · 20/04/2026
My forthcoming article, Voluntary-ish? Psychology & Consent to Search, is now live on SSRN! I welcome any comments and thoughts on this paper. papers.ssrn.com/sol3/papers....
VOLUNTARY-ISH? PSYCHOLOGY AND CONSENT TO SEARCH 

LORI A. HOETGER

Consent to search occupies a central place in Fourth Amendment doctrine, yet courts continue to evaluate voluntariness using a framework that assumes individuals can freely choose whether to consent during inherently coercive police-citizen encounters. Scholars have long criticized this approach, some even concluding that meaningful consent is impossible and calling for abolition of consent searches altogether. No United States jurisdiction, however, has taken that step. This Article offers a different path. It argues that voluntariness is not a binary concept but exists along a spectrum, and that the Fourth Amendment should require what I term “voluntary-ish” consent: choices made under conditions that include sufficient protections, given the coercive pressures of police encounters, to afford individuals a full and fair opportunity to decide. Drawing on psychological theory and empirical research, this Article explains how existing consent doctrine misunderstands human decision-making and why current safeguards are insufficient to protect citizens. Building on this analysis, this Article critiques leading scholarly proposals to reform or abolish consent searches and advances an original, psychology-informed framework for recalibrating constitutional consent. By identifying concrete, theory-backed protections that can move consent closer to the free-will end of the voluntariness spectrum, this Article demonstrates how courts and policymakers can better respect individual autonomy without unduly hampering law enforcement investigations.
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Andrew Guthrie Ferguson @profferguson.bsky.social · 21/04/2026
Interesting pause on AI assisted police reports. www.govtech.com/artificial-i...
govtech.com
Connecticut Pauses AI Use to Create ‘Criminal Reports’
The chief state’s attorney, with support from the State Police and the Connecticut Police Chief’s Association, is pausing deployment of AI-powered tools to deepen understanding and set rules around th...
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Orin Kerr @orinkerr.bsky.social · 16/04/2026
Officer testifies he saw a bulge under suspect's sweatshirt, and that lifting sweatshirt revealed drugs. Iowa Ct App, 2-1: Video shows officer couldn't see the drugs until he lifted the suspect's sweatshirt, so drugs can't be admitted in plain view. iowacourts.gov/courtcases/2...
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Eve Brensike Primus @primuseve.bsky.social · 12/04/2026
I am honored to be giving the keynote address at the Idaho Law Review symposium “Justice for All: Systemic Transformation of Public Defense” tomorrow alongside a great lineup of scholars, practitioners, & policymakers. There is a virtual participation option too: www.eventbrite.com/e/idaho-law-...
eventbrite.com
Idaho Law Review 2026 Symposium
Join the Idaho Law Review for our annual symposium "Justice for All: Systemic Transformation to Public Defense" on April 13, 2026!
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Spotlight PA @spotlightpa.org · 26/03/2026
Pa. Supreme Court strikes down mandatory life sentences for felony murder convictions www.spotlightpa.org/news/2026/03/pe…
spotlightpa.org
PA court ends mandatory life for 2nd-degree murder
The outcome could fundamentally change the lives of more than 1,000 people currently serving life sentences without the possibility of parole.
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Eve Brensike Primus @primuseve.bsky.social · 24/03/2026
Have you seen the MDefenders "allegedly" t-shirts, sweatshirts, and baseball caps? They are really cute and comfortable. Check out the link below to order yours today!
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Orin Kerr @orinkerr.bsky.social · 21/03/2026
DC Code forbids tinted windows that block more than 30% of the light. Officer sees tinted window, stops the car to investigate. DC Ct of Appeals: There was no reasonable suspicion to believe window was sufficiently tinted to stop the car. www.dccourts.gov/sites/defaul...
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MDefenders at Michigan Law @mdefenders.bsky.social · 19/03/2026
New case for Defenders on Brady Violations: The Fourth Circuit held in Moore v. Maryland, that the State violated Brady v. Maryland by disclosing material impeachment evidence too late for the defense to use it effectively. 🧵
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Eve Brensike Primus @primuseve.bsky.social · 18/03/2026
It’s a huge problem when states rely too much on assigned counsel to handle indigent defense. States don’t pay enough, causing a shortage of willing lawyers & unconstitutional delays in appointment. For more on the problem & solutions, check out: papers.ssrn.com/sol3/papers....
papers.ssrn.com
Waiting for Justice: Unconstitutional Delays in the Appointment of Criminal Defense Counsel
The Constitution guarantees a right to counsel in criminal cases, but indigent criminal defendants are commonly left to languish in jail without legal represent
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Eve Brensike Primus @primuseve.bsky.social · 18/03/2026
Happy Gideon Day! Thank you to all of the public defenders in the trenches who fight every day to bend the arc of the law a little more toward justice.
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Patrick Bryant @patrickbryant.bsky.social · 04/02/2026
Come work with me! The Eastern District of Virginia Federal Public Defender's Office is hiring an appellate attorney! We're excited to find someone excellent to join our team doing the best law job around. Apply now! www.fd.org/sites/defaul...
Hiring announcement for appellate attorney in the Federal Public Defender's Office for the Eastern District of Virginia, available at https://www.fd.org/sites/default/files/public/Employment/Vacancy-Files/2026-02-02-ax-appellate-attorney-jwl-final.pdf
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