McPheet.com

If you live in the American West, and you find yourself slogging your way through the federal courts, sooner or later you’ll reach the U.S. Court of Appeals for the Ninth Circuit. Make sure that you’re the criminal, not the victim, because it seems the Ninth never met a thug it didn’t like.

The Ninth Circuit may be the most liberal of the thirteen courts of appeal. It may also be the Circuit that the Supreme Court overrules most often. Here’s another opportunity for the Supreme Court to lay down the smackdown.

According to the Los Angeles Times:

In May 1994, Matthew Musladin drove to the home of his estranged wife, Pamela, to pick up their 3-year-old son for a weekend visit. They got into an argument outside, and when Musladin pushed her to the ground, her fiance, Tom Studer, bolted from the house to defend her. Musladin pulled a gun, fired twice at Studer and killed him. Musladin claimed self-defense — saying he believed that Studer had a gun — but he was convicted of murder.

Each day during Musladin’s trial, Studer’s family sat behind the prosecutor and wore buttons displaying pictures of the victim. The buttons were between two and four inches in diameter, presumably large enough that the jury could see them. Musladin’s counsel objected, claiming that the buttons would prejudice the jury against his client. The court ruled against Musladin, and he was convicted and sentenced to 32 years to life.

Musladin appealed, of course. He found no relief in the California state courts, so he switched to the federal court system, and the Ninth Circuit came to his rescue. They ruled in Musladin’s favor, overturning his conviction and ordering a new trial.

Yesterday, the Supreme Court heard arguments on whether or not the Ninth Circuit overreached in its decision. This report from NPR’s Day to Day indicates that the Supreme Court is likely to overturn the Ninth Circuit yet again.