Carpenter v. Gober

I voted to deny the appellant’s motion for a full Court decision in this case because such a decision is not necessary to maintain the uniformity of the Court’s caselaw and the issues involved are not of exceptional importance. I write separately, however, to point out three matters of concern to me, although these matters, in my view, do not, singly or in combination, justify a vote for a full Court decision.

First, a single-judge concurrence is not equivalent to a reasoned disposition by the Court of concerns raised as major arguments by an appellant. In light of the recent opinion of the…