July 26, 2012
Notable en banc doings in Fifth and Ninth Circuits
Thanks to the always helpful How Appealing, I see that this week has brought some significant criminal justice en banc action from a few big circuits.
The Fifth Circuit, as reported in this Reuters article, issued a "splintered en banc decision" concerning the application of plain error standards in which it "joined the majority of other circuits that consider the law as it existed at the time of appeal rather than at the time of trial." The ruling, which runs 65 pages, is available at this link.
The Ninth Circuit, as reported in this Los Angeles Times article, has decided to reconsider en banc "a California law that requires police to collect DNA from people who are arrested on suspicion of felonies, regardless of whether they are convicted."
July 26, 2012 at 07:18 PM | Permalink
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"a California law that requires police to collect DNA from people who are arrested on suspicion of felonies, regardless of whether they are convicted"
The presumption of innocence is virtually gone in this country. Shameful.
Posted by: anon | Jul 27, 2012 11:58:59 AM
i agree anon if they are going to do this! Might as well have the balls to announce effectve immediately everyone in american has 24hrs to report to a local police station to deposite a DNA sample.
Posted by: rodsmith | Jul 27, 2012 3:07:27 PM