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Four-justice concurring statement leaves open future remedies for defendant who made “disastrous decisions” at trial

The Supreme Court yesterday denied review in In re Gates, but Justice Joshua Groban — joined by Justices Carol Corrigan, Goodwin Liu, and Kelli Evans — wrote a concurring statement explaining why it was OK that the court wasn’t taking the case even though admitting he was “troubled by the result here.” He also explained that this is not the end of the story for Gates. Chief Justice Patricia Guerrero was recused.