Williams v. Jones

GORSUCH, Circuit Judge, joined by TACHA, O’BRIEN, and TYMKOVICH, Circuit Judges, dissenting from the denial of rehearing en banc.

It’s not every day we overturn a state jury verdict for first-degree murder when the defendant admits he received a fair trial and no one questions that his conviction is supported by overwhelming evidence. It’s not every day we exacerbate a split of authority over the recognition of a new constitutional right, and do so despite warning signs from the Supreme Court against our course. And it’s not every day we refuse to rehear a panel decision that every single…