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October 31, 2011


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I am moving this comment from John Regan to this post:

I think they mentioned the defense lawyer's name in Holland v. Florida a couple of terms ago. While excoriating him. IAC is getting to be the only narrative they accept for habeas relief. The wrongful convictions are never anyone's fault but the defense lawyer's. Everyone likes that narrative, as opposed to the alternatives. I thought Ginsburg's discussion of the questionable cert grant here was interesting and very appropriate. It really didn't meet the usual criteria. The whole thing seems mean spirited and vindictive toward the 9th circuit and the poor woman. Although I'm sure the latter is incidental compared to the pissing match the court wants to have with the 9th, it's not like the court is unaware of what it is doing to her, too.

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