Joshua Frost v. Ron Van Boening

TALLMAN, Circuit Judge, joined by RAWLINSON, BYBEE, CALLAHAN, M. SMITH, Circuit Judges,

concurring in part, dissenting in part, and concurring in the judgment denying habeas relief:

Part II of today’s opinion is an imprudent exercise of Article III judicial power. It is all the more so because the Supreme Court reversed our previous en banc decision in Frost’s case and held that the trial court’s restriction on Frost’s closing argument was not structural error as we had declared. Glebe v. Frost (Frost IV), — U.S. -, 135 S.Ct. 429, 431-32, 190 L.Ed.2d 317 (2014) (per curiam). The Supreme Court…