Dan Epps
👤 SpeakerAppearances Over Time
Podcast Appearances
Was there more you wanted to say about either of those?
Zorn case does still dance around an issue that I think we still don't have a conclusive answer about, which is whether a lower court decision can count as clearly establishing the law.
Okay, so that's our nerdy Fed court's angle on that one.
Okay, what about Reed v. Gertz, quickly?
You don't want to talk about that one?
It's another Justice Sotomayor dissent from denial of certiorari, so another case where the court could have heard the case but chose not to.
It is a follow-on from a case from a few years ago where the court—
sent this very case back down to the lower courts.
It's gone back through the process and come back up, and now the court is not interested.
Basically, without getting into the complicated procedural details, it's a case where there's somebody on death row who wants to get access to DNA evidence that might establish his innocence.
Refusing to allow that, the court previously said it's at least possible to bring a claim saying that this is a constitutional violation, but I guess now that's not actually going to go anywhere.
And it may be that there's someone on death row who could die who is actually innocent.