Posted by Orin Kerr: En Banc Sixth Circuit Reverses in Garner v. Mitchell: http://volokh.com/archives/archive_2009_03_01-2009_03_07.shtml#1236304877
Back in September 2007, [1]I blogged about a Sixth Circuit case, Garner v. Mitchell, that granted a writ of habeas corpus in a capital case based on a theory that the defendant who had signed a Miranda waiver form hadn't actually waived his rights. I wrote then that "I suspect this decision won't be the last ruling in the case," and it turns out it wasn't: earlier this week, the en banc Sixth Circuit [2]overturned the panel decision. References 1. http://volokh.com/posts/1189540936.shtml 2. http://www.ca6.uscourts.gov/opinions.pdf/09a0081p-06.pdf _______________________________________________ Volokh mailing list [email protected] http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
