United States ex rel. Woodard v. Tynan

I must respectfully dissent. The result reached by the majority opinion points toward an unwarranted intrusion by the federal judiciary into a state court proceeding. I take no exception to section I of the majority opinion, which is simply a recital of background material. However, I respectfully disagree with sections II and III, and would decide as follows on the three matters urged by the appellant as error.

As the majority opinion states, the only issue in the case is whether the district court abused its discretion. By arguing that the federal district court abused its discretion, the…