Jerry Smith, of the Fifth Circuit, presents—by way of dissent—the decision that he says "should have been issued."
October 10, 2023 at 05:59 PM
3 minute read
The original version of this story was published on National Law Journal
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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Judge Jerry Smith, of the U.S. Court of Appeals for the Fifth Circuit Photo: Diego M. Radzinschi/ALM
