Third Circuit Sixth Amendment Decision:  At Sentencing Law and Policy, Doug Berman posts the opening paragraphs of the Third Circuit's decision in Thomas v. Carroll.  Berman calls the ruling "Notable (and disturbing)..." and appears to agree with concurring Judge Pollak that Thomas is the victim of a "a constitutionally flawed conviction and resultant sentence."  Thomas presents "unique" facts that can lead to very different reactions (be sure to check out comments on the post).  Thomas allegedly punched a corrections officer while he was serving a 35 year sentence.  At his trial for assault he voluntarily and knowingly waived his right to counsel and was permitted to proceed pro se.  When the trial judge refused to order production of all of his witnesses and documents, Thomas refused to participate in his trial.  The trial judge gave Thomas opportunities to return to, and participate in, the proceedings, but he declined to do so.  Ultimately, he was convicted by a jury, sentenced to eight years additional imprisonment, and on direct appeal, the Delaware Supreme Court affirmed.  Thomas alleged his Sixth Amendment rights were violated because the Superior Court conducted the trial without anyone present for the defense.  Thomas filed a petition for habeas corpus under AEDPA and the Third Circuit applied AEDPA's deference standard and affirmed.  

"No quick ruling in military trials":  On SCOTUSblog, Lyle Denniston has updated Monday's post on the D.C. Circuit court's decision to delay a ruling on the plea of five detainees to block their trial before a military commission.  Yesterday, the D.C. Circuit court had agreed to delay a ruling, and asked attorneys to keep it informed on what was happening with the military commission at Guantanamo Bay.  Delay appeared necessary to the court because the Obama Administration is considering whether to try the detainees in civilian or military courts.  Today, Denniston reports that the military judge has agreed to delay all military commission proceedings until November 16th while the Obama Administration makes its decision.