The Ninth Circuit unanimously grants habeas relief because the state court erroneously discharged a juror.
The Supreme Court reverses and remands.
The Ninth Circuit then issues a brief order dismissing the habeas petition pursuant to its view of the Supreme Court's instructions.
The Supreme Court then reverses and remands again.
Today, the Ninth Circuit tries to make the third time the charm. Judge Kozinski write the majority opinion and dismisses the habeas petition. Judge Reinhardt dissents and would grant the petition.
Sometimes the Ninth Circuit must feel a little like a C- student vainly trying to do what its constantly angry third-grade teacher has instructed it to do. Never seeming to do anything right no matter how hard it tries.
Though, if the analogy were to hold, the Ninth Circuit would have already graduated high school by now. The district court docket number begins with an 03-. And the Ninth Circuit caption starts with an 07-.
That's a lot of work without much progress.
