In this commentary, appellate litigator Howard J. Bashman examines last week's decision by a three-judge panel of the 9th Circuit, which found that an Arizona inmate had knowingly and voluntarily abandoned his federal habeas corpus action challenging the imposition of the death penalty as punishment for having committed first-degree murder. Bashman writes that the panel's Eighth Amendment ruling raises fascinating issues concerning federal appellate courts' duties and powers.
When Can an Inmate 'Volunteer' for Death?
Special to Law.com
September 18, 2006