Monday, June 11, 2007

Geboy v. Brigano

Overshadowed by SCOTUS and the 4th Circuit action is one lone 6th Circuit decision, Geboy v. Brigano, 05-3200, 05-3201 (here). The decision is 14 pages long and unanimous. Here's the squib from findlaw:
In a criminal matter arising from allegations that petitioner sexually abused his biological daughter over an eleven-year period, a grant of habeas relief to petitioner is reversed and remanded where an Ohio court of appeals did not render a decision contrary to clearly established federal law in upholding petitioner's convictions under certain counts of the indictment despite a variance between the bill of particulars and the evidence at trial.

The decision is very Ohio-centric in parts, and functions more as a lesson in gentle error correction than anything else. Unless I missed something in the translation, nothing to see here.

Later tonight I hope to post on Fry. In the meantime, here is a good first read. (Crime & Consequences).