Ex parte Taylor

I dissent. The plurality opinion is fundamentally flawed in three respects. First, the plurality improperly characterizes the witness’s responsive statement as being unresponsive. Second, the plurality omits from its opinion the fact that the question leading to the prohibited reply was one of at least three violations of the court order, and the product of a lengthy and methodical examination clearly crafted to elicit the reply. Last, the plurality opinion cites snippets of the court’s order out of context, thereby suggesting the order was unclear. This eschewal of fact paints a false…