As predicted, the Supreme Court has summarily reversed the decision of the Ninth Circuit in the latter court's third attempt to defeat justice for the murder of Steacy McConnell. The per curiam opinion in Wong v. Belmontes is here.

After having its decisions vacated by the high court twice before, the Ninth Circuit fell back on the old reliable ineffective assistance of counsel in the penalty phase claim.  On round 2, when it thought it had another basis for overturning the death sentence, the Ninth characterized the mitigation case that trial counsel put on as "substantial." On round 3, with no change the facts but only a change in whether it enabled overturning the death sentence, the Ninth labeled the very same case "cursory." See page 7 of the slip opinion.

There was no dissent. Justice Stevens kvetched separately to reiterate his disagreement on an earlier decision in the case.

This case illustrates clearly and obviously that the Ninth Circuit cannot be trusted to review the penalty phase of capital cases. There are rogue judges on that court who will find a reason to reverse every death sentence, and the court en banc is unwilling to rein them in. The jurisdiction should simply be removed from them.