It starts here with the panel opinion last year. Then, earlier this year, the panel decided not to reconsider its opinion. But, several months ago, the case gets taken en banc, over a blistering dissent. The Ninth Circuit wants to see whether this death penalty case could be affected by a contemporaneous case that has also been taken en banc.
But 2014 ends not with a bang, but with a whimper. The case gets voted as "related" to the other case, which means the same panel now resolves both. Argument's then heard in the first case. And, today, the Ninth Circuit says: No big deal.
No need to do anything further in this one. No stay. En banc proceedings over. Mandate issues forthwith.
Good luck with the Supreme Court, Mr. Henry. Because you're getting nothing from the Ninth.
Which in turn means that he should enjoy 2014. Because he's unlikely to see the end of 2015.
