SAN FRANCISCO — It took the Ninth Circuit U.S. Court of Appeals 525 days to decide whether to rehear Kevin Cooper’s capital habeas case, a pace that, at one point, led state prosecutors to urge the court to get on the stick.
The product of this gestation period, delivered Monday (.pdf), is an en banc denial, measuring 114 pages in length, in which four dissents depict a court as bitterly divided over the death penalty as ever. And Cooper couldn’t find enough votes to overturn his conviction for brutally murdering a family with an ax.
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