Ninth Circuit reversed on button prejudice case

Over at SCOTUSblog here, Lyle Denniston is reporting that the Supreme Court has reversed the Ninth Circuit’s decision in Carey v. Musladin (background here).  Here are details from Lyle’s post:

The Supreme Court ruled Monday that a federal appeals court had no basis for overturning a state court ruling that allowed the family members of a murder victim to wear buttons with his picture during the trial. Six members of the Court said it remained an open question whether the conduct of spectators at a trial, as opposed to activities of the prosecution, could be so prejudicial as to deny a fair trial to the accused.

Justice Clarence Thomas wrote the main opinion in Carey v. Musladin (05-785), and had the full support of five other Justices. Three Justices wrote separately, raising questions about allowing spectators to engage in courtroom activity that arguably might impair trial fairness.

After meetings I hope to have a chance to read and comment on this opinion (which appears to be the only major SCOTUS criminal law action today).

UPDATE:  The short majority opinion in Carey v. Musladin (decision here) is more about habeas standards than about button-wearing prejudice, though the three short concurrences get into the substantive issues a bit more.  For some additional blogosphere commentary, check out Crime & Consequences and Althouse.