Bartlett Quoted by Bloomberg Law on “Unusually Formatted” U.S. Fifth Circuit Opinion in Death Penalty Case

Tad Bartlett, special counsel in Fishman Haygood’s appellate group, was interviewed by Bloomberg Law for the article “Fifth Circuit Judge Adds Alternate Majority Opinion to Dissent,” which was published on October 10, 2023. As detailed in the piece, Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit recently issued a one-page dissent in a Texas death penalty case, and—instead of elaborating further within the dissent—attached as an appendix to that dissent the panel opinion he said should have been issued, styled as a majority ruling. Bartlett suggested that the reasoning behind the unusual formatting could be related to the quickly moving nature of appeals regarding stays of execution. Click here to read more.

Bartlett authors the Take the Fifth blog, which publishes summaries and statistics from all decisions from the U.S. Fifth Circuit Court of Appeals. Click here to read more about Fishman Haygood’s appellate law practice.