Paulino v. Harrison, No. 07-55429 (9-4-08). The 9th affirms the granting of a petition for a Batson violation. The court had previously remanded for an evidentiary hearing, and the record indicates that the state prosecutor had no recollection now why African-American prospective jurors were struck except that it was not for racial reasons. The proffered reasons amounted to speculation.

Congratulations to AFPD Katherine Froyen of the C.D. Ca (Los Angeles).

Rodriguez v. Smith, No. 07-16014 (9-4-08). The 9th affirms the district court's decision holding that BOP's categorical exercise of discretion (or lack thereof) in not considering placing inmates in residential re-entry centers until they have six months or 10% of their sentences left violates congressional intent expressed in 18 U.S.C. 3621 that such consideration be taken after 60% of the sentence is served and weighing other factors. The 9th joins other circuits in this decision.

Congratulations to AFPD Steve Sady of the D. Oregon (Portland) for the win.

Cox v. Del Papa, No. 06-15106 (9-4-08). The 9th affirms the denial of a petition, holding that a court is not required sua sponte to order a hearing on the voluntariness of a Miranda waiver if there are competency issues. Here, the petitioner was represented by counsel, and the state had to show that it met the burden of consent for statements. The court is not required to order a hearing to have the state prove that it was voluntary. Under AEDPA, deference is given to the state supreme court's decision that such a hearing was unnecessary. The 9th also holds that counsel was not ineffective in his presentation of mitigation in arguing for less than a LWOP sentence.