Wednesday, November 08, 2006

Lankford v. Arave (9th Cir. - Nov. 7, 2006)

Not suprising: A panel opinion in which Judges Reinhardt and Fletcher vote to reverse in a death penalty case. Very surprising: When Judge Bybee not only does so as well; indeed, also writes the opinion as well as agrees that the conviction -- not merely the sentence -- should be reversed.

But it happens here.

This can only be viewed as Number 5.