Thursday, January 03, 2008

Saleh v. Fleming (9th Cir. - Jan. 3, 2008)

"This will undoubtedly shock you," Judge Berzon essentially says in her short -- but trenchant -- concurrence in this case, "but I agree with Judge Norris -- who dissented in that earlier Ninth Circuit case about Miranda -- rather than the contrary views of Judge Brunetti. But Brunetti had two votes, and Judge Norris had one, and so I'm forced to go along with Judge O'Scannlain in this one."

Makes things pretty clear. And hardly a surprising lineup.