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: How AppealingSecond Circuit denies rehearing en banc of ruling that affirmed a federal death sentence imposed by a jury in Vermont, a State that lacks a death penalty
Circuit Judge and U.S. Supreme Court nominee Sonia Sotomayor -- who seems to have suspended her activities as a Second Circuit judge pending the U.S. Senate's consideration of her nomination -- has not placed on the public record in connection with today's order how she voted.
Lastly, the dissenting opinion of Circuit Judge Rosemary S. Pooler reveals that she seems not to have received the memo announcing that the Second Circuit has finally abandoned "in banc" in favor of "en banc."
Full post as published by How Appealing on June 17, 2009 (boomark / email).
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2nd Cir denies rehearing en banc in Fell v. United States
Lots of interesting discussion in Second Circuit's refusal to go en banc in federal capital case
McMurtrey v. Ryan (9th Cir. - Aug. 21, 2008)
Second Circuit affirms federal death sentence








