Monday, September 19, 2005

Arnold v. Runnels (9th Cir. - Aug. 24, 2005)

Rarely have I seen as one-sided a crush as in this case. The majority -- led by Judge Bright of the Eighth Circuit (alongside Judge Tashima) -- just pounds our own Judge Callahan in dissent. Judge Callahan needs to do more than just include in her dissent all the possible arguments that one might make to support her desired result (here, affirming the conviction). She actually has to persuade. And, on this front, there's no contest. Judge Bright's opinion crushes Judge Callahan's.

You gotta support the home team, Judge Callahan. If ever there's a need to write a good opinion, it's when you're opposing someone sitting by designation. Particularly when the judge is from another circuit.

You let us down on this one, Judge.