This may not be a complete answer, but you'll note that Yarborough is a summary reversal.  That is, the Court reversed based on the cert-phase papers, without receiving merits briefing or hearing argument.  To my knowledge, the Court always (or very nearly always) issues summary reversals as per curiam opinions. 

This still leaves the question why the Court wanted to reverse summarily rather than giving the case plenary consideration, a question we could ask every time the Court summarily reverses.  I don't pretend to know the answer here (I'm not familiar with the case), but in general the relevant considerations are the supposed obviousness of the lower court's error, the absence of a circuit split or some other factor increasing the importance of the case, etc.

twm

At 02:48 PM 10/31/2003 -0600, you wrote:
The Court's first opinion of the term was released today:

Yarborough v. Gentry (http://www.supremecourtus.gov/opinions/02pdf/02-1597.pdf ) - decision concerning effective assistance of counsel in a criminal case.

It's an 11-page per curiam opinion.  I'm curious if anyone with more experience than I has any speculation why they adopted the "per curiam" form rather than having a judge take individualized responsibility for the opinion?

sandy 

Trevor W. Morrison
Assistant Professor of Law
Cornell Law School
116 Myron Taylor Hall
Ithaca, NY 14853
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