Super Law Trivia
August 21, 2008
On what day in U.S. history did Ninth Circuit judge Jay S. Bybee either write or join two published, pro-criminal-defense opinions? That would be today, August 21, 2008. United States v. Craighead (holding that a person can be in custody for purposes of Miranda even when interviewed in his own home) (Bybee, J.); McMurtrey v. Ryan (holding that the "trial court’s failure to conduct a competency hearing at that time violated [the petitioner's] due process rights. The retrospective competency hearing held thirteen years after trial was insufficient to cure this due process violation.")(Pregerson, J.).