Oh, Never Mind. Orin Kerr at VC reports that the Sixth Circuit has withdrawn the "fuzzy dice" opinion, noted in Lauren's post yesterday.
Pardons. S.F. Chrontrarian Debra Saunders has this column about the Toussie pardon debacle and the pardons she thinks President Bush should grant before departing.
Alberto Gonzales, former Attorney General, "is writing a book to set the record straight about his controversial tenure as a senior official in the Bush administration," reports Evan Perez in the WSJ.
Three Strikes: California's controversial sentencing law may not be completely immune from judicial scrutiny, even after Ewing v. California, 538 U.S. 11 (2003). Bob Egelko reports in the SF Chron of the case of Cecilio Gonzalez, whose third strike consisted of failure to report his whereabouts, as is required annually for registered sex offenders, and got 28-to-life. The Ninth Circuit panel was Judges Canby, Kleinfeld, and Bybee, the latter two being generally more favorable to the prosecution that the average for this court. Nonetheless, the court granted habeas relief. The opinion is here.
Sentenced to Death, Again: Darryl Kemp escaped the death penalty in 1972, when both the California and United States Supreme Courts threw it out. Six years later, we now know, he raped and murdered Armida Wiltsey of Lafayette, California. DNA testing finally solved this cold case in 2003. Today, a jury returned a verdict of death, reports Henry Lee in the SF Chron. This is a stark reminder, once again, that published recidivism rates are not the number of crimes committed by released felons, but only the number that get caught.
Defending Blago: Very few public figures are speaking out in defense of embattled Illinois Governor Rod Blagojevich. Former Ayatollah of the California Assembly Willie Brown is one of the few, according to this LA Times story by Maria La Ganga.