On November 2, 2009, the United States Supreme Court granted
certiorari in
Norwood v. United States, No. 09-69, vacated the adverse decision by the U.S. Court of Appeals for the Ninth Circuit affirming Robert Norwood's criminal conviction, and remanded the case to the Ninth Circuit for further proceedings in light of
Melendez-Diaz v. Massachusetts, an intervening Supreme Court precedent. Earlier this year the Ninth Circuit affirmed Mr. Norwood's conviction, holding that the trial court properly admitted a Government affidavit concerning Mr. Norwood's wage history - notwithstanding defense counsel's timely Sixth Amendment objection to the Government's failure to make the affiant available for cross examination. The Firm petitioned for
certiorari on Mr. Norwood's behalf following the Ninth Circuit's ruling. In response to our petition, the Solicitor General conceded that Mr. Norwood's rights under the Sixth Amendment were violated and supported our request for vacatur and remand to the Ninth Circuit. The case now returns to the appellate court, where the Firm will continue to represent Mr. Norwood.
The Los Angeles-based Simpson Thacher team included Rob Pfister, Andrew Brettler and Peter Jordan, with guidance from partners Chet Kronenberg and Mike Kibler. Summer associates Josh Pollick and Michelle Kallen provided invaluable assistance.