ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Federal Judiciary Blogs -> California Appellate Report

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Federal Judiciary

: California Appellate Report

Taylor v. Sisto (9th Cir. - May 25, 2010)

By Shaun Martin

ADVERTISEMENTS
I'll be surprised if this one survives.

Yes, it's strange. The California state court judge repeatedly told the jurors to leave all their life experiences in a metaphorical "box" outside the jury room when they were deciding the case. It was the judge's main theme. Some of what was to be left in the "box" were prejudices and the like; that's good. But the judge was clear that he wanted the jury to leave everything in the box; their own beliefs, experiences, reasonability, etc. That goes too far. Plus is just weird.

Weird is one thing. Reversible error is another. Reversible error on habeas review after AEDPA is yet a third. And while I think what the judge here is definitely (1), and at least arguably (2), I don't think it's (3). So on this one I think I'm with Judge Ikuta, who dissents, rather than with Judges Noonan and Berzon.

Plus, I think you should read this one while you can because it's the exact of case that -- while fact-specific and not at all worthy of Supreme Court review -- the Supreme Court sometimes likes to take up from the Ninth Circuit just to spank 'em down. Since I feel very confident that the vote in the Supreme Court on this one would not go the same way.

Full post as published by California Appellate Report on June 15, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0134 secs (new cache)