US Supreme Court summarily reverses 9th in a Nevada case

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The US Supreme Court issued a per curiam decision this morning in McDaniel v. Brown.  The Court concluded that the 9th Circuit misapplied Jackson v. Virginia in finding insufficient evidence to support the conviction based upon evidence presented after the conviction. 

Brown acknowledged the 9th Circuit's erroneous analysis and asked that the case be remanded for analysis under the correct standard and for consideration of unresolved issues.  The State asked for a reversal without remand.  The Court finds that the due process issue, concerning erroneous expert testimony on DNA, was not preserved but remands the case for consideration of an ineffective assistance of counsel claim.

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This page contains a single entry by JoNell published on January 11, 2010 8:24 AM.

US Supreme Court grants cert on restitution issue was the previous entry in this blog.

Oral argument calendar: Jan. 13 & 14 is the next entry in this blog.

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