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View Full Version : Legal SCOTUS slaps 9th circuit


alnorth
03-21-2011, 02:32 PM
The opinion today (Felkner v. Jackson) isn't about an important case or an important issue. (Prosecutor strikes 2 out of 3 black juror candidates during juror selection, defense objects, prosecutor offers some good race-neutral reasons for striking, defendant eventually loses, on appeal 2 california courts and a federal court all investigate at length to eventually conclude that the prosecutor didn't do anything wrong, 9th circuit reverses and throws out the conviction in an unsigned 3-paragraph memo without explaining why)

The supreme court didn't bother scheduling arguments or signing their opinion, they handed down a hilarious and rather harsh unanimous opinion.

http://www.supremecourt.gov/opinions/10pdf/10-797.pdf

That decision is as inexplicable as it is unexplained. It is reversed.

...

There was simply no basis for the Ninth Circuit to reach the opposite conclusion, particularly in such a dismissive manner.

ROFL

AndChiefs
03-21-2011, 03:45 PM
But the ninth circuit is known for being so unbiased...

Amnorix
03-21-2011, 03:47 PM
Wow, that is a slap. Pretty bad. The 9th Circuit judges on that panel should be embarassed.

One blog referred to it as a "benchslapping". ROFL

The Ninth Circuit needs to get its s**t straightened out. Apparently this is the sixth unanimous reversal by the SCOTUS in seven decisions involving these topics.

AustinChief
03-21-2011, 03:55 PM
The 9th is an embarrassment.


On a side note.. it's WAY past time for it to be split up. Keep the 9th for everything in the west except California. Split off California into a new 12th Circuit. No single circuit should represent 20% of the US population.

Direckshun
03-21-2011, 03:57 PM
wow

FYP

:D

AustinChief
03-21-2011, 04:00 PM
FYP

:D

No no.. I reserve my "wows" for your posts!

Direckshun
03-21-2011, 04:00 PM
No no.. I reserve my "wows" for your posts!

They are very wowy, I'll give you that.

vailpass
03-21-2011, 04:22 PM
Wow, that is a slap. Pretty bad. The 9th Circuit judges on that panel should be embarassed.

One blog referred to it as a "benchslapping". ROFL

The Ninth Circuit needs to get its s**t straightened out. Apparently this is the sixth unanimous reversal by the SCOTUS in seven decisions involving these topics.

LMAO
The 9th Circus needs to be re-located to Des Moines, Iowa until they can regain their equilibrium.

banyon
03-21-2011, 08:36 PM
This is peculiar to a particular statute, AEDPA (Anti-terrorism and effective Death Penalty Act of 1996), which the 9th circuit had messed up repeatedly on Habeas petition.

Still, it's got nothing on this supreme beatdown of a local attorney I've battled with in a Kansas opinion, Department of revenue v. Delong February 2011:

http://www.kscourts.org/Cases-and-Opinions/Opinions/CtApp/2011/20110225/104270.pdf

Amnorix
03-22-2011, 07:17 AM
This is peculiar to a particular statute, AEDPA (Anti-terrorism and effective Death Penalty Act of 1996), which the 9th circuit had messed up repeatedly on Habeas petition.

Still, it's got nothing on this supreme beatdown of a local attorney I've battled with in a Kansas opinion, Department of revenue v. Delong February 2011:

http://www.kscourts.org/Cases-and-Opinions/Opinions/CtApp/2011/20110225/104270.pdf


:rolleyes: That attorney needs to be faced with paying the state's costs if he tries that pathetic crap again. He seriously went into court and argued that? I wouldn't even have the guts to argue something so stupid.

trndobrd
03-22-2011, 09:32 AM
This is peculiar to a particular statute, AEDPA (Anti-terrorism and effective Death Penalty Act of 1996), which the 9th circuit had messed up repeatedly on Habeas petition.

Still, it's got nothing on this supreme beatdown of a local attorney I've battled with in a Kansas opinion, Department of revenue v. Delong February 2011:

http://www.kscourts.org/Cases-and-Opinions/Opinions/CtApp/2011/20110225/104270.pdf


Did he appeal to the Supreme Court? Given the history of the KS Supreme Court the outcome would be a coinflip.