Ace of Spades HQ

November 17, 2009

Reinhardt Overturned for the Third Time on the Same Case!
— Gabriel Malor

The Ninth Circuit takes a lot of heat, but in fact there are many fine judges out here. Unfortunately, there are also less-than-stellar jurists like Judges Pregerson and Wardlaw. And then there's Judge Reinhardt, the most liberal and most reversed appellate judge in the nation.

Yesterday, the Supreme Court reversed him for the third time on the same case. It's a death penalty case and Reinhardt has been looking for a way to overturn the sentence for a long time. Each time he does, the Supreme Court has reversed him and remanded for a new decision. And each time he gets it back, he adopts a new line of reasoning for why the sentence should be dropped.

How shoddy has Reinhardt's work on the case been? Here's what the Supreme Court said (PDF):

On remand from this Court, the Court of Appealsaddressing Belmontes ineffective assistance claim for the first timechanged its view of this evidence. Instead of finding Schicks mitigation case substantial, as it previously had, the Ninth Circuit this time around labeled it cursory. Compare also Belmontes [II] (labeling the mitigation evidence Schick presented substantial) with Belmontes [III] (labeling the same evidence insubstantial). More evidence, the Court of Appeals now concluded, would have made a difference; in particular, more evidence to humanize Belmontes, as that court put it no fewer than 11 times in its opinion.

Reinhardt has played that game before, changing his mind about the sufficiency of evidence when he needs to. It's good to see the Supreme Court noticing it. And, BTW, I suspect the justices were not amused. The last time this case was at the Supreme Court, the justices split into their usual death penalty 5-4. This time the justices reversed Reinhardt unanimously.

They were also offended by Reinhardt's recharacterization of the nature of the crime:

We agree with the state courts characterization of the murder, and simply cannot comprehend the assertion by the Court of Appeals that this case did not involve needless suffering. The jury saw autopsy photographs showing Steacy McConnells mangled head, her skull crushed by 15 to 20 blows from a steel dumbbell bar the jury found to have been wielded by Belmontes. McConnells corpse showed numerous defensive bruises and contusions on [her] hands, arms, and feet, which plainly evidenced a desperate struggle for life at [Belmontes] hands." Belmontes left McConnell to die, but officers found her still fighting for her life before ultimately succumbing to the injuries caused by the blows from Belmontes. The jury also heard that this savage murder was committed solely to prevent interference with a burglary that netted Belmontes $100 he used to buy beer and drugs for the night. McConnell suffered, and it was clearly needless.

It'll be interesting to see if Reinhardt goes back for a fourth serving.

Posted by: Gabriel Malor at 04:29 AM | Comments (104)
Post contains 481 words, total size 3 kb.

1 How does this help my kids?

Posted by: Michelle Obama at November 17, 2009 04:39 AM (S4d07)

2 Glad to see our 9th Circuit jurists aren't overly burdened with real cases.

Posted by: In Exile at November 17, 2009 04:40 AM (IvnFu)

3 You don't get to be the worst judge on the worst court in the country if you are ordinary. No, that kind of "honor" requires a dedication to your craft and a willingness to be a laughingstock. Unfortunately, it's a quality Reinhardt and most of his pals have in excess.

Posted by: DrewM. at November 17, 2009 04:40 AM (FCWQb)

4 There should be a limit to the number of allowable reverses. This only illustrates what is wrong with our legal system.

Posted by: Vic at November 17, 2009 04:40 AM (CDUiN)

5 This is the strategy, wear down the system by needless appeals. Until people throw up their hands and give up on capital punishment.

Posted by: Mike H at November 17, 2009 04:41 AM (cvvNY)

6 Reinhardt: a walking talking piece of shit.

Posted by: Limo Driver at November 17, 2009 04:43 AM (rEJlg)

7 They don't respect settled law, why on gaia would a liberal dipshit like Reinhardt respect SCOTUS. To them, there is no such thing as "law", only the ability to decide FOR us instead of trusting our republic.

Posted by: In Exile at November 17, 2009 04:44 AM (IvnFu)

8 It'll be interesting to see if Reinhardt goes back for a fourth serving.

Of course he will. What are the consequences if he doesn't? Seriously, what? It's not like he's going to be removed from the bench and he gets to continue bravely attempting to stand up for whateverthehell it is he thinks he's doing.

Posted by: alexthechick at November 17, 2009 04:44 AM (8WZWv)

9 Correction: "liberal dipshits like Reinhardt" My engrish is broken

Posted by: In Exile at November 17, 2009 04:45 AM (IvnFu)

10 I take it this guy's an appointee for life? Is there nothing that can be done to remove him? Talk about a waste of resources.

Posted by: BeckoningChasm at November 17, 2009 04:46 AM (eNxMU)

11 This is why elections matter, people.

Posted by: brian at November 17, 2009 04:57 AM (c/yhj)

12 I take it this guy's an appointee for life? Is there nothing that can be done to remove him? Talk about a waste of resources. This SHOULD be an impeachable offense. He is obviously either incompetent or willfully not following the proper rules of legitimate appeals...

Posted by: JFH at November 17, 2009 05:04 AM (DkCuG)

13 Yes, the appointment is for life unless impeached by Congress. He was appointed by that idiot Carter. He is 78 years old and is likely to be around for another 10 years at least.

Posted by: Vic at November 17, 2009 05:10 AM (CDUiN)

14 Eventually either Reinhardt or the perp will die rendering all this moot. Judges AREthe ones dancing on the heads of pins....not angels. spit

Posted by: torabora at November 17, 2009 05:17 AM (1kr99)

15 Federal Judges need to be the first on Pelosi's health care plan. Try it out for 5 years and let us know what you think.

Posted by: Sgt. Rock at November 17, 2009 05:18 AM (2jp4I)

16 Gee, if he had a real job, he might be in jeopardy of losing it, but, since his avocation is simply legalistic wankery, he shall live to wank another day, clogging up the court system, empowered by the state to crusade on pet causes ad infinitum.

Posted by: nickless at November 17, 2009 05:20 AM (MMC8r)

17 I think I know who will be replacing Ginsburg when she croaks.....

She was originally appointed by Carter as well, She is 2 years younger.

That man is sure responsible for a lot of bad shit.

Posted by: Vic at November 17, 2009 05:22 AM (CDUiN)

18 He may be crap on the Ninth Circuit, but I enjoyed his work in Fast Times at Ridgemont High.

Posted by: Less at November 17, 2009 05:26 AM (PGXeZ)

19 Stephen Reinhardt is a reliable liberal dipshit; you can rely on him to be wrong about virtually every question in front of him. Of course the fact that he's married to Ramona Ripston, head of the Southern California ACLU, means that he gets reloaded with an extra ration of liberal crap at the breakfast table each morning.

Posted by: Happy Fellow at November 17, 2009 05:32 AM (w6nDa)

20 Judge Reinhardt hasn't been the same since Phoebe Cates caught him in the bathroom.

Posted by: Michael Rittenhouse at November 17, 2009 05:33 AM (2QFX4)

21 Maybe Reinhardt is the one that needs to be executed.

Posted by: GarandFan at November 17, 2009 05:36 AM (ZQBnQ)

22 No matter how bad the crime, to them, capital punishment is worse. And for them, it's the message that's important above all else. Typical.

Posted by: brak at November 17, 2009 05:36 AM (zoIF1)

I remember a case about 20 years ago when a judge pulled this same kind of crap, more than 3 times. Finally, the Supreme Court sent her a fax, pre-emptively rejecting all future decisions by her of this sort. She got the message and let the case proceed. Yes, this was also a California death penalty case.

Posted by: Bob Hawkins at November 17, 2009 05:40 AM (eZ0vq)

24 The fourth reversal should come with a beating.

Posted by: toby928 at November 17, 2009 06:15 AM (PD1tk)

Based on the Findings of Fact and Conclusions of Law set forth hereinabove, We, the Five Righteous Judges of the Conservative Majority of the United States Supreme Court, hereby enter the following Order:

1. Defendant Belmontes' sentence of death is hereby overturned.

2. Defendant Belmontes is sentenced to life imprisonment, without the possibility of parole.

3. Defendant Belmontes will serve his life sentence in the personal residence of 9th Circuit Appeals Court Justice Stephen Reinhardt, specifically, in Justice Reinhardt's weight room.

4. Justice Reinhardt will personally attend to Defendant Belmontes' needs, in all respects, in perpetuity, until Defendant Belmontes passes of natural causes.

5. Justice Reinhardt's federal salary will be paid to the surviving family members of Steacy McConnell, including any pension benefits that Justice Reinhardt might earn from his time on the bench.

6. Upon his demise, Justice Reinhardt's corpse will be wrapped in his black robe, and refrigerated for a time sufficient that, upon Defendant Belmontes' demise, their bodies will be buried together, with Justice Reinhardt's nose shoved into Defendant Belmontes' ass, in order to preserve the position in which these individuals have lived their lives since Defendant Belmontes' 1981 trial for the brutal murder of Steacy McConnell.

Done in Open Court, this 17th Day of November, 2009.

Justice Antonin Scalia, writing for the majority, an opinion joined by Justices Roberts, Kennedy, Thomas, and Alito.

Justices Sotomayor, Stevens, Ginsburg, and Breyer were constitutionally prevented from participating in these proceedings on the disqualifying basis that they are lefty dipshits.

So Fucking Ordered.

[Tune in again next week for another addition of "If Sharkman Ruled the World"]

Posted by: Sharkman at November 17, 2009 06:18 AM (Zj8fM)

26 Jimmy Carter's appointees are still floating around the Ninth Circuit like bad turds that refuse to be flushed. A couple of the bastards are approaching senior status, retirement, or croakery, but if that happens in the next three years we'll just get another one in the same mold appointed to hang around for thirty more years.

Posted by: Alex at November 17, 2009 06:20 AM (Nv/AK)

Jimmy Carter's appointees are still floating around the Ninth Circuit like bad turds that refuse to be flushed.

Which makes me shudder to think who the Obamunists are appointing....

I can't help but think "judges" like Reinhardt drive people over the edge and to assembling truck bombs.

Posted by: Curmudgeon at November 17, 2009 06:31 AM (ujg0T)

28 Judges like this will never change their minds, only their basis for their preconceived notions.

Posted by: kansas at November 17, 2009 06:35 AM (mka2b)

29 She was originally appointed by Carter as well, She is 2 years younger.

That man is sure responsible for a lot of bad shit.

Ummmmm...O'Connor was the first female justice and she was appointed by Reagan who, if my memory is correct, was elected after Carter. Ginsburg was appointed by Billy Jeff.

Posted by: Steve L. at November 17, 2009 06:35 AM (Gkhxf)

30 If I were a wise Latina, I'd already be on the Supreme court, haters.

Posted by: Judge Reinhardt at November 17, 2009 06:35 AM (5Ig1V)

31 The extrexe left liberals (see how I painted them into a corner, just like they do) Will nominate the youngert most extreme liberal judges ( see how I reiterated, just like they do) to serve on the Federal Courts. this way, they get say 30 or 40 years out of them. All it takes is one judge to steal an election. By the way, how is NY-23 count doing?

Posted by: Mystry at November 17, 2009 06:36 AM (kmgIE)

32 Ginsburg was appointed by Billy Jeff.

Yes, to SCOTUS, but the original appointment to the DC court of appeals was by Carter.

That is why I said "original".

Posted by: Vic at November 17, 2009 06:38 AM (CDUiN)

21 Judge Reinhardt hasn't been the same since Phoebe Cates caught him in the bathroom.

Mock trial! With J. Reinhold! Mock trial! With J. Reinhold!

Posted by: BeckoningChasm at November 17, 2009 06:41 AM (eNxMU)

34 #30 Steve L. Yes, but Sandra O'Connor was from Arizona, and was a fine Conservative Judge up to that point. She, like many liberals, lurk or hide their true agenda, until the proper time comes to throw off their sheep clothing to reveal their true aganda. Seems like the SC Chief Justice Warren Burger was the same thing. I remember reading that was the worst mistake Eisenhower said he ever made.

Posted by: Mystry at November 17, 2009 06:53 AM (kmgIE)

35 22 Maybe Reinhardt is the one that needs to be executed.

Posted by: GarandFan at November 17, 2009 10:36 AM (ZQBnQ)

Well said. Bad policy is deeply offensive to me, but I can keep my cool about it most of the time and just try to adapt. But gross injustice like this fires up an anger that is hard to keep repressed...

Posted by: Reactionary at November 17, 2009 06:54 AM (P+HSn)

36 We need a "3 strikes you're out" kinda deal for judges. Get overturned by a higher court X times within some specified time frame and you get removed for incompetence.

I suspect such a deal would have them considering their decisions much more carefully.

Posted by: Purple Avenger at November 17, 2009 07:04 AM (6fiQt)

37 I remember reading that was the worst mistake Eisenhower said he ever made.

I thought that was Brennan.*

*I was in the pray-for-death movement with this shmuck. The only time I've ever done that.

Posted by: toby928 at November 17, 2009 07:06 AM (PD1tk)

38 We need the legislature to exercise its responsibility to remove these incompetents.

Posted by: MarkD at November 17, 2009 07:06 AM (MMy4A)

39 Which makes me shudder to think who the Obamunists are appointing....

Don't forget the Clintons. You can be assured that when they were in the executive branc, they appointed a full complement lefty loons, dipshits, and douchetwizzles to the bench.

Posted by: OregonMuse at November 17, 2009 07:15 AM (hoowK)

40 I remember a case about 20 years ago when a judge pulled this same kind of crap, more than 3 times. Finally, the Supreme Court sent her a fax, pre-emptively rejecting all future decisions by her of this sort. She got the message and let the case proceed. Yes, this was also a California death penalty case.

That wouldn't have been Rose Bird, would it?

Posted by: OregonMuse at November 17, 2009 07:17 AM (hoowK)

41 #38 Eisenhower did appoint Burger in 1956 to the Appeals court in DC. Not to the SC. I believe Nixon Appointed him to the SCOTUS, during his administration.

Posted by: Mystry at November 17, 2009 07:23 AM (kmgIE)

42 Cut their salary by 10% every time they're overturned. That'll straighten them up in a jiffy.

Posted by: Purple Avenger at November 17, 2009 07:31 AM (6fiQt)

43 And don't forget: in LiberalWorld, getting overturned by the "right-wing" Supreme Court is a badge of honor and status. Libs think Reinhardt is a hero, fighting to save the life of a poor brown-skinned man, the VICTIM! of a heartless, racist system which DENIED him the beer and drugs he NEEDED. His so-called "violence" was a CALL FOR HELP which was cruelly ignored. Without Reinhardt to protect him from racist cops, that poor man might have been killed by the fascist State!

Posted by: Trimegistus at November 17, 2009 07:32 AM (6yEzu)

44 If I am not mistaken, the judge who was described by Eisenhower as "his biggest mistake" was Earl Warren.

He was appointed as part of a back room deal at the Republican convention.

The Warren Court is responsible for a lot of the bad shit that is going on now.

Posted by: Vic at November 17, 2009 07:37 AM (CDUiN)

That wouldn't have been Rose Bird, would it?

Rose Bird was a CA State Supreme Court Justice. CA allows for YES/NO plebiscite voting on judges every so many years. She, along with two other Commiecrat cronies, were removed in 1987.

Posted by: Curmudgeon at November 17, 2009 07:38 AM (ujg0T)

46 #45 Vic You are correct. It was Earl Warren!

Posted by: Mystry at November 17, 2009 07:42 AM (kmgIE)

47 Judges are like my wife. They're right because they wear the dress.

Posted by: Zombie FDR at November 17, 2009 07:50 AM (xxgag)

It's obvious that Reinhart and his ilk are drinking from the liberal kool-aid that religiously opposes the death penalty despite the facts and the justification. I believe they will continue to trump up reasons to deny the death penalty.

Posted by: czekmark at November 17, 2009 07:50 AM (AMkcI)

49 Rose Bird was a CA State Supreme Court Justice. CA allows for YES/NO plebiscite voting on judges every so many years. She, along with two other Commiecrat cronies, were removed in 1987.

Yeah, I remember when that happened. I just wondered if by "20 years ago", the original poster was off by a few years and so the incident he told was actually about Ms. Bird before the people of CA gave her the heave-ho.

Posted by: OregonMuse at November 17, 2009 08:03 AM (hoowK)

50 Even Wise Latina slapped him on the wrist? That's saying something.

Posted by: Dack Thrombosis at November 17, 2009 08:48 AM (P33XN)

The penultimate paragraph further shows how little the Supreme Court thought of Reinhardt's analysis. There, the Supreme Court summarized the defendant's argument, which the Ninth Circuit essentially adopted, and called it "fanciful".

That sounds like an apt description of Reinhardt's alternate view of reality.

Posted by: Lawoski at November 17, 2009 08:56 AM (DnAlC)

52 Is he trying to beat Sotomyers record?

Posted by: harleycowboy at November 17, 2009 09:16 AM (JKGfQ)

"And don't forget: in LiberalWorld, getting overturned by the "right-wing" Supreme Court is a badge of honor and status. Libs think Reinhardt is a hero, fighting to save the life of a poor brown-skinned man, the VICTIM! of a heartless, racist system which DENIED him the beer and drugs he NEEDED. His so-called "violence" was a CALL FOR HELP which was cruelly ignored. Without Reinhardt to protect him from racist cops, that poor man might have been killed by the fascist State!"

yes, denied a need and a call for help. the facist state is so cruel.

Posted by: ditto at November 17, 2009 09:25 AM (iXnL8)

54
So, Judge Reinhardt found that a woman who was beaten to death by a man who invaded her home did not experience "needless suffering". Even for a liberal, this is industrial-strength stupid.

Looks like The One has found his next SCOTUS nominee.

Posted by: Brown Line at November 17, 2009 09:39 AM (VrNoa)

55 Let's hope none of them retires or dies until at least 2012.

Posted by: harleycowboy at November 17, 2009 09:47 AM (JKGfQ)

this case did not involve needless suffering. -Rhinestone

Well, this prick is gonna love the death panels. Like, tommorrow.

I'd love to string this prick up by the wrists at the next "Buck-a-Whack" fundraiser for ACE. After every hit ask, him with a bullhorn, "Did ya feel any needless suffering there, dickhead?".

Posted by: hutch1200 at November 17, 2009 10:06 AM (1Ug9U)

57 At which point do the Supremes send a note to the Ninth Circuit Court of Appeals: Deer Morons of the 9th Circuit Court of Appeals, Please remove Reinhardt from this case, and try again. Thanks. The Supremes

Posted by: I R A Darth Aggie at November 17, 2009 10:24 AM (1hM1d)

58 I can't help but think "judges" like Reinhardt drive people over the edge and to assembling truck bombs. -Posted by: Curmudgeon Incidentally, where does Judge Reinhardt live? /sarc

Posted by: Jamfish at November 17, 2009 10:56 AM (hj/po)

59 I think after the 3rd unanimous reversal in the same case, he ought to have to appear in person to explain himself (and answer all sorts of nasty, snarky questions from the Supremes.)

If he's reluctant, have some Marshall's assist him.

Posted by: mojo at November 17, 2009 12:08 PM (g1cNf)

60 I'm not sure why the Court doesn't just enter judgment at this point. I'm sure there are no more unresolved questions. For those of you that haven't suffered through law school, the Court usually remands cases with instructions telling the lower court what to do. Many of the justices were never district judges, they don't know how to and don't want to have to cross the t's and dot the i's on things like this. They would prefer to settle the questions of law and let the lower court handle the paperwork. But remand means the lower court gets another crack at the case. And if they're very smart, tricky, or just don't care, they can rewrite the opinion to get the result they want without technically violating the Supreme Court's orders. So every once in a while, either when the case is completely resolved or they get really pissed off, the Court just enters judgment on the case. Then it's done, finished, no more.

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