@chrisgeidner do you know what other circuits do for resentencing after sentencing-phase error + habeas (remand to jury or to state SC)?
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@rmcgibbo Their point — see fn. 6 — is that it doesn't matter, that whatever decision AZ makes on how to deal w this is theirs to make. -
@chrisgeidner but if other circuits have a rule (?) that granting the writ makes conviction non-final... -
@chrisgeidner (which iirc was basically assumed by the whole panel at the Mckinney oral args and seems pretty logical)
End of conversation
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