On Aug. 16, in Sessoms v. Runnels, 2012 DJDAR 11396 (9th Cir. Aug. 16, 2012), a sharply divided 6-5 en banc panel of the 9th U.S. Circuit Court of Appeals reversed the district court's denial of a prisoner's petition for writ of habeas corpus. Central to the Sessoms analysis was Davis v. U.S., 512 U.S. 452 (1994). In Davis, the U.S. Supreme Court considered the degree of clarity necessary for a custodial su...
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