The last of the cases for the term should come out tonight. Anybody up for predictions? Here are mine:
Finch- Findings and sentence set aside based on variance.
Haney- No IAC for excessive enlargements by appellate defense counsel
Loving- New trial based on Wiggins v. Maryland, Court doesn’t reach Ring issue.
I also predict that the Government does not appeal Long as the banner can be fixed by DoD so there is no need to go to the Supreme Court. As a disclaimer, I was one of the counsel on Long, although Charlie Gittens did the vast majority of the heavy lifting, including both oral arguments (CCA and CAAF).
Posted by Jason Grover