Legal Opinion · Dissent
Nelson v. Quarterman
Court of Appeals for the Fifth Circuit
Decided December 14, 2006No. 02-11096Published
1DissentJerry E. Smith, Circuit Judge
I enthusiastically join the superb dissenting opinions penned respectively by Chief Judge Jones and Judges Clement and Owen. I dissent separately, not to discuss the merits of this case but to highlight the embarrassing procedural tangle caused by the various actions of the Supreme Court and this court in Penny-related cases.
In its Penny cases, this court has been inconsistent in deciding whether to (1) finalize a case and issue the mandate, (2) grant en banc rehearing, or (3) hold a case indefinitely. Presumably the instant case (Nelson) was taken en banc to reconcile this circuit’s Penny…
2Cases cited17 opinions
- Tennard v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions DivisionSupreme Court of the United States · 2004
- Carey v. MusladinSupreme Court of the United States · 2006
- Smith v. TexasSupreme Court of the United States · 2004
- Ex Parte SmithCourt of Criminal Appeals of Texas · 2006
- Bigby v. DretkeCourt of Appeals for the Fifth Circuit · 2005
12 more not listed; retrieve them via the Exa API.