Tuesday, August 16, 2016

1. Washington v. Ryan, No. 05-99009 (8-15-16)(en banc by Christen; dissents by Bybee and Watford)(Note: Az FPD involved). The 9th reversed the court's denial of a Rule 60(b) motion and remanded to allow the petitioner to file an appeal.  This is a convoluted case, with a day late miscalendared  appeal, a mistake by the court clerk, and equitable considerations.  The dissenters (Bybee and others) argue that missed deadline is jurisdictional, and the majority's attempt to find an equitable remedy is claim processing.  Watford's dissent asks the Supremes to reconsider whether a filing of a notice is jurisdictional.

We hope this decision sticks.  The rules have changed, and it is really one of a kind.

The decision is here:


2. US v. Romero, No. 15-30023 (8-15-16)(Berzon w/Graber and Murguia).  Under 18 U.S.C.  ยง 3161(h)(4), the Speedy Trial Act unambiguously requires the exclusion of all time during which a defendant is incompetent to stand trial.

The decision is here:



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