<< Juror Dismissed for Candor? | Main | Miranda in School >>


Relisted Cases

| 1 Comment
Among the relisted cases we have been following (see here and here), Wong v. Smith was denied over a dissent by Justice Alito joined by the Chief Justice and Justice Scalia.  No sign of Allen v. Lawhorn, No. 10-24, United States v. Gonzalez, No. 10-82, or Wilson v. Corcoran, No. 10-91, all presumably relisted yet again.

Several interesting cases were taken up.  I will discuss those in separate posts.

1 Comment

Wong is unfortunate. Besides the fact that a victim will have to relive a particularly brutal assault, now a three-judge panel has effectively tossed a state Constitutional provision. Given the Ninth Circuit's poor record on habeas cases, the Court should have found room for this one. The Ninth Circuit, or more accurately, certain judges on the Ninth Circuit blow off AEDPA (how else can one explain some of the results). And rebukes don't seem to work, and every cert. denied seems to renew their ardor. I don't know what the answer is, but this is the Supreme Court's responsibility. States and crime victims shouldn't have to tolerate this. Perhaps the answer is that the AG's office should write a letter to the victim explaining who the judges are and whether their Senators voted to confirm them. The other answer may be a legislative fix. Perhaps, for the next 5 years, all AEDPA cases, go to courts other than those in the Ninth Circuit.

Leave a comment

Monthly Archives