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Gonzalez v. Duncan (9th Cir. - Dec. 30, 2008)

By Shaun Martin

Judge Bybee is a scholar. And even if you didn't know that before, you can tell it from this opinion. Which is written precisely how you'd expect a former law professor to write (at least on this topic).

Personally, I like it. It's a comprehensive, structured, coherent, and (in my mind) persuasive analysis of the issue. Plus, I agree with the equities. A sentence of 28 to life merely for failing to re-register within 5 days of one of your birthdays is simply too much. As a matter of both fairness as well as the Eighth Amendment.

Of course, maybe that's just one professorial kettle calling a professorial pot good-looking. But I'm on board for that.

Full post as published by California Appellate Report on January 12, 2009 (boomark / email).