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The en banc Fifth Circuit has certified for U.S. Supreme Court review "whether the prosecution of Seale for a fatal kidnapping

The en banc Fifth Circuit has certified for U.S. Supreme Court review "whether the prosecution of Seale for a fatal kidnapping that occurred in 1964 but was not indicted under federal law until 2007 is barred by a federal limitations period": Today's order, from which six judges have noted their dissent, issued in the case captioned United States v. James Ford Seale.

In her dissent from today's certification order, Chief Judge Edith H. Jones writes:

Although the certification falls within the permissible scope of Sup. Ct. Rule 19, it is not worth this busy court's time or that of the also-busy Supreme Court to pursue that path. The likelihood of the Court's accepting certification, based on past usage, is virtually nil. The Court has accepted Rule 19 certifications only four times in more than sixty years.

This blog's earlier coverage of the case can be accessed here and here.

Update: The "Fifth Circuit Blog" offers this coverage of today's order.

And The Associated Press reports that "High court asked to review civil rights-era case."

Full post as published by How Appealing on July 30, 2009 (boomark / email).