December 17, 2007
Interesting allocution decision from the Ninth Circuit
The Ninth Circuit today in US v. Biagon, No. 06-10479 (9th Cir. Dec. 17, 2007) (available here), has an interesting little opinion on allocution rights. Here is how it begins:
In this appeal, we consider whether the district court violated the defendant’s right of allocution when it denied a motion to close the courtroom for sentencing. We conclude that the defendant’s rights were not violated, and affirm the judgment of the district court.
Judge Kleinfeld concurs in a separate opinion to express concerns about what the majority says and ends his opinion in this way:
We ought not use this case as a vehicle to develop a new rule unnecessary to a decision that may sacrifice other important public interests to the interest in press access.
December 17, 2007 at 05:32 PM | Permalink
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typo in your post title...
Posted by: Sentencing Observer | Dec 17, 2007 6:47:40 PM
Gotta allocate the right to allocute.
Posted by: bruce | Dec 17, 2007 8:56:47 PM
Posted by: Doug B. | Dec 18, 2007 12:58:00 AM