Last Friday, the Second Circuit sitting en banc heard the constitutional challenge to New York's persistent felony offender statute. It was quite the event.
Unfortunately, I haven't been able to find too much (really any) media coverage of the big event, other than the subscription-only New York Law Journal article. Which is annoying.
As is my usual policy around here, I won't talk about the substance of the case. But one non-substantive question that I am often asked is: when to expect a decision? The answer: can't say. The original panel decision took a long time (almost two years). But I am hoping that this decision does not take as long. I did a lot of research into Second Circuit en banc decisions and the pattern I saw was for the decision to be issued around 3 to 6 months after the argument. Which would mean around the end of the year. But that is not a rule, or even a custom, just something that I noticed. There is nothing stopping the decision from coming out as early as tomorrow or as late as next summer.
Of course, once the decision comes down, I will post the news.
Comments