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4 Mar 2009, 12:07 pm
Which might start with a critique of the manner in which Judge O'Scannlain unhelpfully begins his opinion, with a first paragraph that reads (in its entirety): "We are called upon to decide whether an alien may be removed from the United States for having been convicted of a crime involving moral turpitude as determined under federal immigration law. [read post]
10 Jan 2009, 1:17 pm
" The two dissenting judges (Erdmann & Ryan, JJ.) argued that the majority's approach was precluded by United States v. [read post]
17 Dec 2008, 5:15 pm
Audio to Wednesday's oral argument in United States v. [read post]
9 Sep 2008, 2:25 pm
Horn, No. 03-9010, 03-9011 In a capital-murder case, petition for a writ of habeas corpus is granted where: 1) the time period for filing the petition was tolled during state-court proceedings, and the federal petition was therefore timely; 2) the state fugitive-forfeiture rule did not apply to procedurally default the petition; 3) the jury instructions and verdict sheet that were used during the penalty phase of petitioner's trial denied him due process of law pursuant to… [read post]