Dissenting Judge Sandra Ikuta said the majority was raising and wrongly deciding a claim the plaintiff didn't make.
September 24, 2012 at 05:33 PM
1 minute read
SAN FRANCISCO Harold Hall has suffered one injustice. On Monday, a U.S. Court of Appeals for the Ninth Circuit panel bent over backward to make sure he wasn’t hit with another.
Stretching to avoid a “manifest injustice,” a 2-1 panel of the court revived a long-abandoned theory of liability that could compensate Hall for spending 19 years in prison for a murder he didn’t commit.
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