The California Aftermaths of Maryland v. King, Revisited

In June, after the U.S. Supreme Court decision in Maryland v. King on the constitutionality of mandatory collection of DNA from arrestees, I posted a long entry on how that case might, in ways more complicated that immediately obvious, play out in ongoing litigation about California’s statute.  Sequels.  Then I made a small post when the Ninth Circuit ordered supplemental briefing of its en banc case on this topic, Haskell v. HarrisAftermath Begins.  And one more on a particularly odd California trial court case affected by the decision.  Farce

Today, two weeks after receiving the last of the supplemental briefs,  the Ninth Circuit ordered a re-argument of the Haskell case before the en banc court on December 9.  Reargument.

This should be interesting!

By the way, on July 10, 2013, the California Supreme Court sent the state court case, People v. Buza, back to the intermediate appellate court for reconsideration in light of Maryland v. King:  “The above-entitled matter is transferred to the Court of Appeal, First Appellate District, Division Two, with directions to vacate its decision and to reconsider the cause in light of Maryland v. King (2013) __ U.S. __ [133 S.Ct. 1958, 186 L.Ed.2d 1]”

Hank Greely