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Criminal Law

: Crime & Federalism

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On what day in U.S. history did Ninth Circuit judge Jay S. Bybee either write or join two published,  pro-criminal-defense opinions?  That would be today, August 21, 2008.  United States v. Craighead (holding that a person can be in custody for purposes of Miranda even when interviewed in his own home) (Bybee, J.); McMurtrey v. Ryan (holding that the "trial court?s failure to conduct a competency hearing at that time violated [the petitioner's] due process rights. The retrospective competency hearing held thirteen years after trial was insufficient to cure this due process violation.")(Pregerson, J.).

Full post as published by Crime & Federalism on August 21, 2008 (boomark / email).

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