En Banc Sixth Circuit Reverses in Garner v. Mitchell:
Back in September 2007, I blogged about a Sixth Circuit case, Garner v. Mitchell, that granted a writ of habeas corpus in a capital case based on a theory that the defendant who had signed a Miranda waiver form hadn't actually waived his rights. I wrote then that "I suspect this decision won't be the last ruling in the case," and it turns out it wasn't: earlier this week, the en banc Sixth Circuit overturned the panel decision.