Summary
U.S. Court of Appeals case asking whether a murderer’s conviction should be overturned many years after the crime merely because his lawyer held prejudiced attitudes, without any showing that the lawyer did not provide good representation or that the defendant’s rights were prejudiced. After the California Attorney General switched sides and supported the murderer on this point, the Court of Appeals invited CJLF to brief the issue in support of affirming the judgment. However, on January 15, 2020, the court disposed of the case in a two-paragraph order without resolving the legal issue presented. The court decided that the Attorney General’s change of position alone was sufficient to reverse the decision of the district court. Although this decision is contrary to long-established practice, only the Attorney General can ask the U.S. Supreme Court to review it, and he has not done so.
