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October 2, 2009

Two different Ninth Circuit panels reverse two Arizona death sentences

Death sure is different in the Ninth Circuit.  Though I think the Ninth Circuit has generally failed to live up to it (deserved?) liberal reputation in much of its post-Blakely and post-Booker non-capital sentencing jurisprudence, the judges on the Ninth Circuit continue to find ways to reverse capital sentences as evidenced by two new rulings today.  Specifically, in Jones v. Ryan, No. 07-99000 (9th Cir. Oct. 2, 2009) (available here) and Libberton v. Ryan, No. 07-99024 (9th Cir. Oct. 2, 2009) (available here), two distinct Ninth Circuit panels today rule in two distinct cases that defense counsel was constitutionally ineffective at the sentencing stages of two distinct murderers' capital trials.

October 2, 2009 at 02:38 PM | Permalink

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Comments

It's the bottom of the Ninth for death-penalty dwellers like yourself, Doc.

Posted by: Babe | Oct 2, 2009 3:03:45 PM

Yeah, what's up with the death penalty stuff, Doc?

It would seem that you are the one quite preoccupied with it.

Posted by: Bugs | Oct 2, 2009 3:13:16 PM

Elmer Fudd's response to the wrascally wrabbits: "I find the willingness of federal judges to upset determinations by state legislatures, state judges and state juries in the DP context an annoying contrast to their unwillingness to even question determinations by state legislatures, state judges and state juries in other more important contexts (e.g., LWOP sentences, mandatory minimums for non-violent crimes, etc.)"

Posted by: Doug B. | Oct 2, 2009 3:38:22 PM

One of these panels included two W appointees. Maybe it wasn't a personal vendetta by activist judges; maybe the constituion was just violated.

Posted by: CTA9 kneejerk | Oct 2, 2009 5:47:47 PM

Maybe, these are criminal lovers finding subjective, made up pretexts to prolong procedures, and to force retrials. In the absence of new evidence of innocence, this is rent seeking to generate lawyer jobs. The rent seeking theory trumps all ideology.

Posted by: Supremacy Claus | Oct 3, 2009 9:27:43 AM

The attorneys are the ones seeking ways to prolong the process as they line their bank accounts and do no work. Jennifer Garcia of the Federal Public Defender's Office in Phoenix had a win in the 9th (Scott). She also commented to a reporter in 2008 that the battles of those such as Ray Krone who was exonerated inspires her to "fight the good fight."

However, she presently represents a man who is innocent and was sent to the row by the same prosecutor and at least one of the same detectives as Krone. In this case, the prosecutor actually allowed his detective to present one story to the Grand Jury. Then, knowing they were committing perjury, he allowed the codefendant who recieved five years probation in a deal and a transient "reimbursed" twice to tell a completely different version to the jury. The case only lost in District, because former appellate counsel never so much as discovered the perjury or that the forensics testimony is twisted to fit and offers facts that did not exist. Yet, Garcia refused to listen also and turned down offers from two justice projects and a renowned expert to help her client. She has his case before the 9th claiming that he is mentally retarded and emotionally scarred which are blatant lies.

But then, truth seems to not exist in attorney's vocabularies. Don't blame it all on the judges. The fault lies in lower offices where justice is a forgotten term and attorneys do as they damn well please with the ABA and the courts protecting those with law degrees over their clients.

Posted by: Kricket Schurz | Oct 10, 2009 11:37:40 AM

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