9th U.S. Circuit Court of Appeals,
Criminal,
U.S. Supreme Court
Jul. 13, 2011
The reason behind the 9th Circuit's high reversal rate
The 9th Circuit's high reversal rate by the U.S. Supreme Court undermines the judicial system.
Lawrence Waddington
Neutral
JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
The 9th Circuit has invoked habeas corpus to overrule state Supreme Court cases on a variety of grounds other than ineffective counsel including weighing the evidence, a function obviously the province of the jury. The U.S. Supreme Court has reversed and remanded Patrick v. Smith, 131 S.Ct.1134 (2010) twice based on grounds asserted by the 9th Circuit that "no rational jury could find the defendant [Smith] guilty." The 9th Circuit has rewritten the case a third time, with the same r...
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