The 9th Circuit asked the California attorney general's office Wednesday to defend the constitutionality of the federal Antiterrorism and Effective Death Penalty Act -- on one week's notice. Attorneys arguing the case of a convicted murderer not on death row were caught off guard: "We're a little surprised to get a request for oral arguments without any briefing on the subject," said one. The act is intended to speed appeals by reducing federal courts' ability to review and overturn state convictions.
May 09, 2005 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The 9th U.S. Circuit Court of Appeals has tossed a Molotov cocktail at the California attorney general’s office, asking it to defend the constitutionality of the federal Antiterrorism and Effective Death Penalty Act on one week’s notice.
The Wednesday order surprised attorneys getting ready to argue the case of Carl Merton Irons II. Although the California prisoner was convicted of murder, he is not on death row.
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