Wednesday, August 25, 2021

1. Hubbard v. US, No. 20-16094 (8-11-21)(per curium w/Nguyen, Owens, and Friedland). The 9th dismisses for lack of subject matter jurisdiction under the Innocence Protection Act (IPA). The petitioner was a serviceman whom a court martial sentenced to life imprisonment for murder and other offenses. The conviction was with no physical evidence. Petitioner sought DNA testing under the IPA. The statute does not state the IPA applies to a court martial. Moreover, the court martial court is dissolved.  Habeas allows the case to be remanded to a federal court if relief is granted. This is not available here.

The per curiam court all concurs (Friedland) with the  per curiam opinion. The concurrence urges Congress to amend the IPA to apply to the military.

The decision is here:

2. Jones v. Davis, No. 18-99003 (8-12-21) (Friedland w/Bybee & Lee). On habeas, the 9th reverses the granting of a claim and remands for other claims. The 9th holds the conditioning of a petitioner’s testimony in the guilt phase of a capital case on psychiatric issues to a psychiatric evaluation is not error. It was reasonable under the circumstances.

The decision is here:


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