Scott Smith v. Greg Kleynerman

¶ 3. {concurring).

I write separately to preserve institutional and historical memory. This is the first case since 1979 resulting in a tie vote in which the court does not state the names of the participating justices and each of the justices' votes in the case.

¶ 4. A total of 115 cases from 1885 through 2016 present the names and votes of each participating justice. See Attachment A.

¶ 5. A total of 26 cases from 1849 through 1979 do not present the names and votes of each participating justice. See Attachment B.

¶ 6. These attachments demonstrate, even if my internet search might have missed…