Judge Jerry Smith, of the U.S. Court of Appeals for the Fifth Circuit Photo: Diego M. Radzinschi/ALM
If it looks like a majority opinion, then it probably is a majority opinion—that is, unless you’re in the U.S. Court of Appeals for the Fifth Circuit.
On Monday, Fifth Circuit Judge Jerry Smith attached an alternative, fake majority opinion as part of his dissent in a death penalty case, where the two other members of the panel declined to vacate a stay of execution of Texas prisoner Jedidiah Murphy.
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