Mar 21, 2011

Posted in Uncategorized

Another CA9 Benchslap: “That decision is as inexplicable as it is unexplained. It is reversed.”

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In Felkner v. Jackson, a per curiam reversal, the Supreme Court reversed a “three-paragraph unpublished memorandum opinion” from the 9th Circuit that “did not discuss any specific facts or mention the reasoning of the other three courts that had rejected” Petitioner’s habeas claim. “the Court of Appeals offered a one-sentence conclusory explanation for its decision.”

Here’s the benchslap:

“That decision is as inexplicable as it is unexplained. It is reversed.”

Ouch.

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  • counsel

    I love these types of short-but-sweet opinions… Nothing like the 9th!