The reversal of a conviction is required upon a "showing that the favorable evidence could reasonably be taken to put the whole case in such a different light as to undermine confidence in the verdict. See Lawrence, supra, at Scalia, J. Later some kids ask him for his autograph and he walks out of the rink with Jessie. South Dakota, U. Like the Ouroboros swallowing its tail, our GVR practice has ingested its own original justification. Youngblood, feeling ashamed for not defending Swayzdog, decides to return home so his brother can teach him how to fight. Then after the violent assault, everyone cheers because they no longer think Youngblood is a pussy. It is not at all clear why it would be so much "better" to have the full court below address the Brady claim. With 3 seconds left in the game, Youngblood scores a penalty shot for the win.
See Lawrence, supra, at Scalia, J. In Lawrence, I identified three narrow circumstances in which this Court could, consistent with the traditional understanding of our appellate jurisdiction or at least consistent with entrenched practice , justify vacating a lower court's judgment without first identifying error: The trial court denied Youngblood a new trial, saying that the note provided only impeachment, but not exculpatory, evidence. June 19, Per Curiam. But the dissenting judges in the case below discussed petitioner's Brady claim at some length indeed, at greater length than appears in many of the decisions we agree to review , and argued that it was meritorious. The Supreme Court was seeking to be gentle with us but there is, I submit, no mistaking what they expected us to do". We can assume the NHL was unhappy with the meandering tonal shifts and scattershot direction. The Court thus purports to conscript the judges of the Supreme Court of Appeals of West Virginia to write what is essentially an amicus brief on the merits of an issue they have already decided, in order to facilitate our possible review of the merits at some later time. At best, today's unprecedented decision rests on a finding that the state court's "opinion, though arguably correct, [is] incomplete and unworkmanlike," Lawrence, U. Today, by vacating the judgment of a state court simply because "[i]f this Court is to reach the merits of this case, it would be better to have the benefit of the views of the full Supreme Court of Appeals of West Virginia on the Brady issue," ante, at , the Court brings this prediction to fulfillment. Or it could instead enter into a full discussion of the Brady issue, producing either a reaffirmance or a revision of its judgment. That is because there being no relevant intervening event to create such a probability the only possibility that the West Virginia court will alter its considered judgment is created by this Court's GVR order itself. It is noteworthy that, to justify its GVR order, the Court does not invoke even the flabby standard adopted in Lawrence, namely whether there is "a reasonable probability that the decision below rests upon a premise that the lower court would reject if given the opportunity for further consideration," U. Those whose judgments we review have sometimes viewed even our legitimate, intervening-event GVR orders as polite directives that they reverse themselves. In vacating the judgment of a state court for no better reason than our own convenience, we not only fail to observe, but positively flout the "special deference owed to He just has to sit out a few games as he recovers from a concussion. With 3 seconds left in the game, Youngblood scores a penalty shot for the win. Here, the Court vacates and remands in light of nothing. Later some kids ask him for his autograph and he walks out of the rink with Jessie. They are not, as we treat them today, "the creatures and agents of this body," id. You know, guy stuff! The latter course will of course encourage and stimulate our new "GVR-in-light-of-nothing" jurisprudence. It is particularly ironic that the Court inaugurates its "GVR-in-light-of-nothing" practice by vacating the judgment of a state court. Youngblood then filed this petition for a writ of certiorari. To tell the truth, there is only one obvious sense in which it might be "better" to have the West Virginia court revisit the Brady issue: But none of these reasons justifies "a tutelary remand, as to a schoolboy made to do his homework again. Coach Chadwick is visibly irritated, but he gets even more upset when he sees Youngblood wandering around downtown with his daughter.
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