A black defendant who had a virulently racist lawyer and was sentenced to life in prison for murder is entitled to be retried or released, the full Ninth Circuit said Wednesday, reversing a panel opinion.
The U.S. Court of Appeals for the Ninth Circuit provided little explanation for its ruling. But it noted that California, which had opposed Ezzard Ellis’s habeas petition in the district court and in his appeal to a three-judge panel, changed its position and supported Ellis before the en banc court.
Three judges, in a concurrence, said the court should have elaborated on its reasoning, “particularly ...
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