En Banc First Circuit Reverses Panel Ruling United States v. Pleau

Hot off the presses, today the First Circuit has reversed the 3 judge panel ruling in United States v. Pleau after the case was reheard last month.The opinion is here. That was fast! I posted a few pieces (see here, here, here, and here) about the case because of its fascinating habeas issues. I haven’t had a chance to read this new opinion with any care yet but probably will within the next few days. One thing is immediately clear though: Judge Boudin must have gotten the votes from Judges Lynch and Howard. In the panel ruling, Tourrella authored the majority opinion with Boudin dissenting. In today’s en banc opinion, the roles are reversed with Boudin writing for the majority and Tourrella strongly dissenting. Actually, Tourrella’s dissent is quite a bit longer than the majority opinion!

Anyway, I’d definitely recommend reading this opinion for those following this case or just those who are fascinated by habeas and common law writs.

-Zachary Cloud

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