Wednesday, September 05, 2012

U.S. v. Sablan, No. 11-10577 (8-31-12) (Murguia with Ezra, D.J. Hi.; dissent by Reinhardt).
The 9th considers whether the decision to seal competency hearings can be reviewed collaterally or under mandamus.  Applying the factors for collateral review or mandamus, and the Supreme Court's calibrating in Mohawk, 130 S. Ct 599 (2009), the 9th holds that neither doctrine applies, and so dismisses for lack of jurisdiction. The 9th believes that any harm can be resolved on appeal. Reinhardt dissents, arguing that the factors weigh in favor of review.


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