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Posted on 8/11/20 at 8:58 am to cajunangelle
It is the process that Judge Sullivan has created that is unconstitutional. She has been hammering that point.
However, the technicality is discretion.
Mandamus cannot lie unless it is a ministerial act- no discretion. SP's point is that the constitution is what gives district court discretion but only to ensure that the dismissal is with prejudice to protect the defendant's rights.
Now this judge is looking for an out on the record.
However, the technicality is discretion.
Mandamus cannot lie unless it is a ministerial act- no discretion. SP's point is that the constitution is what gives district court discretion but only to ensure that the dismissal is with prejudice to protect the defendant's rights.
Now this judge is looking for an out on the record.
Posted on 8/11/20 at 9:10 am to cajunangelle
Judge Wilkins on the left.
Posted on 8/11/20 at 9:16 am to cajunangelle
This is the famous Merrick Garland.
Posted on 8/11/20 at 9:22 am to cajunangelle
Thomas B. Griffith a GWB appointee.
Posted on 8/11/20 at 9:49 am to cajunangelle
This court is more lib than 9th circuit at this point
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