Michael v. Horn

I join in Judge Ambro’s opinion remanding this case to the district court for the limited purposes of making another determination regarding Michael’s competency before we determine whether to dismiss this appeal and to ascertain if Michael still wants us to dismiss the appeal. Nevertheless, because I have reservations regarding what we are doing and because in joining the opinion I am not being consistent with the position I took twice earlier on this appeal, I write this concurring opinion to explain why I am doing so.

At the outset I want to point out that there are two motions pending to…