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A Strange GVR in the Ryan Case

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The case of Illinois' crooked, convicted former governor (the one without the hair) took a strange turn today.  The U.S. Supreme Court vacated the Seventh Circuit's decision and remanded for reconsideration in light of Wood v. Milyard.  The orders list is here.

This is strange because Wood has nothing to do with the Seventh Circuit's decision in United States v. Ryan.  "A court is not at liberty, we have cautioned, to bypass, override, or excuse a State's deliberate waiver of a limitations defense," the Supreme Court held in Wood.  Okay, but the Seventh did not do that in Ryan.  Quite the contrary, the Seventh held that the prosecution's waiver took the statute of limitations issue out of the case.  The Court of Appeals then went on to hold that an argument Ryan could have made on appeal but did not, and that was subsequently made successfully by Jeffery Skilling, was not available for a do-over on collateral review, applying well-established law.

What's to reconsider?

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