Thursday, July 28, 2016

Rosenbaum/Jill Pryor: we're trying to be nice here but our colleagues are really really wrong

That's the message in this -- yet another Johnson -- concurrence (which Jordan did not join).  From the intro and then the conclusion:
To err is human; to forgive, divine; but to correct? Well ... after In re
, No. 16-13959, _ F.3d _, 2016 WL 3752118 (I Ith Cir. July 13, 2016),
that's not something we do in this Circuit, when it comes to wrongly denied
inmates' requests for authorization to file a second or successive habeas petition.
So some inmates with sentences unconstitutionally enhanced under the Armed
Career Criminal Act may sit in prison for years beyond their constitutionally
authorized sentences. Though we deeply respect our colleagues, we think this is
just wrong.

Arnold Bennett said that "[a]ll wrong doing is done in the sincere belief that
it is the best thing to do." We do not doubt our colleagues' intentions in issuing
Baptiste. But their good intentions do not make their conclusions in that case, in
our view, any less wrong.


Anonymous said...

There is still hope for the Eleventh Circuit.

Anonymous said...

Where's the USAO in all of this..?

Anonymous said...

@5:34, the DOJ agrees with the liberal bloc of the 11th Cir on these issues. The 11th Cir has not accepted the DOJ's view.