Russell v. State

On Motion for Rehearing.

It is common knowledge that one judge is not the Court of Appeals, nor can one judge speak for the Court when the merits of a case are involved. Speaking then only as the author of the majority opinion, I note that some cases, as here, involve unusual and colorful factual situations. Often, related quotations and expressions are evoked, emphasizing pithy portrayal of the points under consideration. Two famous but innocuous quotations from Alexander Pope and Dorothy Parker were included in the majority opinion here. On rehearing, in deference to appellant attorney’s…