Comments on: Recap of OT2006 Criminal Cases http://www.scotusblog.com/wp/recap-of-ot2006-criminal-cases/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: Kent Scheidegger http://www.scotusblog.com/wp/recap-of-ot2006-criminal-cases/comment-page-1/#comment-11914 Kent Scheidegger Tue, 28 Aug 2007 20:47:42 +0000 http://www.scotusblog.com/wp/uncategorized/recap-of-ot2006-criminal-cases/#comment-11914 Professor Little writes, "But it seems to be undeniable that at least some Justices’ chambers (or maybe the 'cert pool' law clerks) are on the lookout for 'outlier' Ninth Circuit opinions to review." One need not be a very sharp lookout to find howlers such as <i>Musladin</i>. When the Ninth declares a state court decision "unreasonable" even though it is accord with the vast majority of decisions on the subject and contrary only to the Ninth's idiosyncratic view, the case stands out from the pack as a blatant violation of the controlling statute. Professor Little writes, “But it seems to be undeniable that at least some Justices’ chambers (or maybe the ‘cert pool’ law clerks) are on the lookout for ‘outlier’ Ninth Circuit opinions to review.”

One need not be a very sharp lookout to find howlers such as Musladin. When the Ninth declares a state court decision “unreasonable” even though it is accord with the vast majority of decisions on the subject and contrary only to the Ninth’s idiosyncratic view, the case stands out from the pack as a blatant violation of the controlling statute.

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