The high court's move, over the objection of the three liberals, came a day after a dissenting Fifth Circuit judge published a fake majority opinion in Jedidiah Murphy's death penalty case.
As a former law clerk, it's not that hard to turn a draft opinion into a dissent! This strikes me as a lazy and petulant judicial temper tantrum. Someone either failed to talk the judge down from his self righteous tree or decided to let him fall on his sword of "justice". Unfortunately it adds to pile of bad precedent manufactured by George W's appointees
I seriously begin to think that insanity is catching.
He should be removed immediately.
I want to thank you for your courage honesty and hope reporting truth to power with evidence. Some consumers of fan fiction act like the world is the reality you create. Inside your own head sure build your castles in the sky. Writing and issuing judicial opinions not made in any court rather, the court in the mind of the Judge is a staggering breach of ethics and possibly psychological breach of wellbeing too. Oh but in Texas it’s ok because the opinion cited to Supremes supports their position which is a compound breach of judicial ethics and if allowed destroys the third branch or our government in Texas. Please follow this compelling judicial insurrection in plain sight in Texas.
A childish move especially given the stakes. Let's see, the bottom-line important thing here, if the Supreme Court intervenes to override the stay of execution.
In Missouri, they are getting ready to execute a man who has been proven innocent through DNA and witness testimony. Does the governor care? No, according to the governor, the man received his due process and the execution will proceed.
What the ever-living hell is going on!?! He should be removed immediately by the Court. What happens next? The poor prisoner! My mind is reeling.
Whoever the Chief Judge is for the Fifth Circuit they should order the dissent to be withdrawn from publication in favor of a mere statement of the vote. Otherwise it will wind up on Westlaw and other sources in a way that creates confusion for practitioners. And in ordering it to be withdrawn a strong letter of disapproval should be sent to the judge.
“Given...his lack of irreparable harm”
This is horrific. The cruel, wanton, and meaningless application of the death penalty (it is never a deterrent) that so many folks support sickens me. And this behavior of an”judge” when a human life is on the line...I have no words for the deep disgust I feel.
Is Texas’s appeal to SCOTUS sanctionable under FRCP Rule 11(b)(2) if they’re misrepresenting the quoted text of the fake opinion?
The unraveling of our system of justice continues.
Well, this sounds like a judiciary taking its cues from corrupt, “conservative” SCOTUS. . . All the more reason for making judges accountable for ethics and corruption violations from the top down. Presently, they are no better than crusading murderers . . . Or medieval bishops. Emphasis on the CON in “conservative,” serving themselves.
“… his lack of irreparable harm…” — i.e., he was only going to be killed.