Twice again, the U.S. Supreme Court has reversed the U.S. Court of Appeals for the Ninth Circuit, reinstating state-court convictions overturned by the Ninth, without a single Justice voting to uphold the Ninth's decision. The cases are Harrington v. Richter and Premo v. Moore. I will have more on the specifics later this morning.
Both Ninth Circuit opinions are by the infamous Judge Stephen Reinhardt. Both Supreme Court opinions are by Justice Anthony Kennedy, joined in full by six other Justices, with Justice Ginsburg concurring in the judgment and Justice Kagan recused.
Both Ninth Circuit opinions are by the infamous Judge Stephen Reinhardt. Both Supreme Court opinions are by Justice Anthony Kennedy, joined in full by six other Justices, with Justice Ginsburg concurring in the judgment and Justice Kagan recused.
Maybe, as Judge Reinhardt has said, they "can't catch them all," but they're giving it a real good effort!