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2nd Cir denies rehearing en banc in Fell v. United States

By Karl R. Keys, Esq.

via How Appealing: Second 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: Today’s order denying rehearing en banc was accompanied by a concurring opinion and three separate dissenting opinions.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...continue to full post

Full post as published by Capital Defense Weekly on June 18, 2009 (boomark / email).