Criminal,
9th U.S. Circuit Court of Appeals
Mar. 5, 2015
Time for Congress or high court to rein in 9th Circuit
The Supreme Court has repeatedly told the circuit that habeas corpus is not direct review, and federal courts must defer to state court even if the decision is legally incorrect but not unreasonable.
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."
A three-judge panel of the 9th U.S. Circuit Court of Appeals hearing a habeas corpus proceeding, filed by state prison inmate Johnny Baca, recently rebuked Attorney General Kamala Harris for filing opposition to the petition.
U.S. Circuit Judge Alex Konziski asserted that the prosecuting deputy district attorney at trial falsely stated no promises of reduced sentence were made to an informant who testified against the defendant. He threatened to write an opinion embarrassing the...
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