Latest Case: Bynoe v. Baca (Civil Rights)

The Selfie Coup: How to Tell If Your Government Is Plotting to Overthrow Itself

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, describes how to tell whether a government is plotting to overthrow itself—a phenomenon he calles a “Selfie Coup.” Falvy explains the difference between a Selfie Coup and creeping authoritarianism by providing examples of both and argues that the more aware civil society is of the possibility of a Selfie Coup, the more likely it can prepare its defenses in time to prevent it.

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Bynoe v. Baca

Docket: 17-17012

Opinion Date: July 24, 2020

Judge: Paez

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Ninth Circuit reversed the district court's denial of petitioner's Federal Rule of Civil Procedure 60(b)(6) motion to reopen proceedings on his habeas corpus petition. Petitioner sought to invalidate his plea of "guilty but mentally ill." Three years after Nevada eliminated the insanity defense, petitioner pleaded guilty but mentally ill to lewdness with a child under the age of fourteen. The panel held that petitioner's motion was timely under Rule 60(b)(6) rather than any of Rule 60(b)'s other grounds for relief. Furthermore, in Mena v. Long, 813 F.3d 907 (9th Cir. 2016), the panel clarified that district courts can indeed stay and abey entirely unexhausted habeas petitions. The panel also held that petitioner presented extraordinary circumstances warranting re-opening the final judgment. In this case, the six Phelps factors supported reconsideration of the district court's 2009 judgment and the district court abused its discretion in denying the motion. Accordingly, the panel remanded for further proceedings. On remand, petitioner may request the district court to stay his petition while he returns to state court to exhaust his federal constitutional claims.