The trial judge and a California appeals court saw no harm in the Studers’ show of love for their son and brother. They rightly argued that the prosecution could have shown pictures of the victim to the jury and that, if he had lived, Thomas Studer could have testified against his shooter.
No soap with the three-judge panel of 9th Circuit judges that ruled on the Musladin case. They decided 2-1 to overturn Musladin’s conviction. So, unless the U.S. Supreme Court overrules the 9th Circuit’s decision, San Jose prosecutors will soon have to retry a 12-year-old case, and the Studer family will once again have to relive the nightmare of their loss.
The good news here is that the U.S. Supreme Court will likely overrule the 9th Circuit decision. They now overrule 9th Circuit decisions so often that it’s become a habit.
And with good reason. The U.S. 9th Circuit Court of Appeals is a hyper-liberal clown show. It is a 26-member court headquartered in San Francisco that covers cases in the entire West, from Montana to the Northern Marianas Commonwealth. Just counting the land mass, that’s a massive area. It’s also a lot of population. There have been numerous calls to divide the court into two, but they have been defeated by political maneuvers.
The result is that the 9th Circuit is the largest appeals court in the United States. It’s so large and so unwieldy that it’s extremely rare for all 26 judges to hear a case. Most cases are heard by three-judge panels. For a case to be heard by the entire body, 14 judges have to object to an opinion. In the Musladin case, seven judges threw flags, but that wasn’t enough to reverse the play.