But from his perch at the U. Two years ago, in writing the unanimous, appellate ruling dismissing his appeal, Posner was scathingly critical of Black. But in a rare, unanimous decision in June, the U. Supreme Court sharply narrowed the law under which Black was convicted of fraud, and ordered the original panel to reconsider. Their decision is expected within a month, prompting a few timely questions: will the judge, famously undaunted by the Supreme Court, back down?
And given his gruff rebuke of the defence, why was the case returned to him? Part of the reason is efficiency: the original judges already know the case, says Oscar Chase, who teaches law at New York University.
Every once in a while, when a judge seems prejudiced, the case will be diverted, Burnham explains. Nor is it likely that Posner will have taken the Supreme Court decision personally, say experts.
Although the court was critical of his ruling that Black had forfeited his right to an appeal, it took issue primarily with the law the ruling was based on.
At trial, federal judge Amy St. Was that a harmless error, allowing the conviction to stand, or does it require a new trial? The outcome, she says, is tough to predict. Perhaps because Posner is, too. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of NP Posted will soon be in your inbox.
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