No time to post on this yesterday or today, but it’s pretty clear we were 100% wrong with our prediction for the Osborne case. It wasn’t unanimous or a big majority — it was 5-4. It wasn’t in favor of the defense — got that wrong, too. And the Supremes didn’t touch the issue of whether there is a right to make a freestanding claim of innocence. We got it entirely wrong.
Good opinion though, worthy of substantive comment. More to come.
At least we called Yeager… mostly. Surprised a little that Scalia dissented, but it’s a good dissent. More on that to come as well.