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December 6, 2007

Death penalty plea case dying before SCOTUS

Getting on-line in the midst of a day on the road I was intrigued to see this new post at SCOTUSblog reporting that "Dismissal sought in capital plea bargain case."  Here are the basics:

One month after the grant of certiorari in a case involving an inmate on Idaho’s death row, attorneys for both the prisoner and the state attorney general’s office have asked the Justices to vacate the Ninth Circuit ruling below and dismiss the case as moot.

That should teach the Justices for taking yet another death case (even though this one raised an interesting plea issue).  And now they have more room to finally take up an acquitted conduct case, or the Rule 32 split, or any of a dozen other Blakely/Booker issues that won't be going away anytime soon.

December 6, 2007 at 05:09 PM | Permalink


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It may have been a death case, but the issue, i.e., ineffective rep during plea bargaining, is a good one.

Posted by: federalist | Dec 6, 2007 5:18:11 PM

I agree with federalist (never thought I'd say that). Although I wouldn't like the Roberts 5 to "answer" the important question.

Posted by: Anon | Dec 6, 2007 11:01:49 PM

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