Posted by Orin Kerr: "Reversal is Inevitable": http://volokh.com/archives/archive_2009_05_31-2009_06_06.shtml#1243869869
That was [1]the prediction when the 6th Circuit handed down [2]Bies v. Bagley, a 6th Circuit capital habeas case, last year. The Sixth Circuit [3]denied rehearing en banc,with the author of the original panel opinion stating that the original opinion was not only correct, but that it was "an easy case." Judge Sutton disagreed, authoring what I thought was a strong [4]dissent from denial of rehearing en banc.. Today the predicted reversal was handed down in a unanimous opinion authored by Justice Ginsburg, [5]Bobbie v. Bies. Justice Ginsburg's decision is unusually brief for an RBG opinion, and the four-page analysis section cites Judge Sutton's dissent four times. References 1. http://www.volokh.com/posts/1204262601.shtml 2. http://www.ca6.uscourts.gov/opinions.pdf/08a0095p-06.pdf 3. http://www.ca6.uscourts.gov/opinions.pdf/08a0279p-06.pdf 4. http://volokh.com/posts/1218721377.shtml 5. http://www.supremecourtus.gov/opinions/08pdf/08-598.pdf _______________________________________________ Volokh mailing list [email protected] http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
