Wednesday, March 29, 2017

Copeland v. Ryan, No. 16-15849 (3-28-17)(Clifton w/Garbis; Berzon concurring). The 9th reverses a district court's order that the State reimburse petitioner's deposition expenses. The 9th first found that it did have interlocutory jurisdiction over the order. The 9th then turned to what authority, if any, there was for such an order under 28 U.S.C. ยง 2254. The 9th concluded there was no authority for the State to pay for the petitioner's deposition that the State did not request. All is not lost, however. The 9th remands to the court to determine what reimbursement can occur under the CJA. Berzon, concurring, noted that 9th precedent for interlocutory jurisdiction was not irreconcilable with the Supreme Court's narrowing of interlocutory jurisdiction.

The decision is here:


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