Thursday, March 02, 2017

Godoy v. Spearman (9th Cir. - March 2, 2017)

Back in 2016, Judge O'Scannlain authored this opinion, and Judge Fisher's dissent summarized the relevant holding as follows:

"When a sitting juror is alleged to have continuously texted a judge friend about the trial and relayed the judge’s information to the jury, the majority concludes the trial court need not investigate further – and the jury verdict would not violate due process. I disagree."

I thought that was a pretty darn good way to start a dissent.  And said that I expected the case go en banc.

Today, it did.

I'll make another prediction.  The en banc court will go the other way.  Maybe 8-3?  (Of course, it totally depends on the draw, but a wild, meaningless projection never hurt anyone, right?)