tag:blogger.com,1999:blog-8597101.post116947905072686063..comments2024-03-15T05:45:01.402-05:00Comments on Grits for Breakfast: 5th Circuit Court of Appeals: A rubber stamp, a horse's ass, or just misunderstood?Gritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-8597101.post-1169844276037677422007-01-26T14:44:00.000-06:002007-01-26T14:44:00.000-06:00Thanks Contrarian, I actually get that. And maybe ...Thanks Contrarian, I actually get that. And maybe my desire for published opinions on all of them is too much.<BR/><BR/>My thought is this: When the appellate court has ruled the state did something wrong, isn't that where we NEED to be establishing hard precedents instead of leaving those cases without the same authority as the 5th Circuit's more commonly published prosecutorial affirmations?<BR/><BR/>It seems to me like that's where precedent becomes most important, when the state is engaging in behavor they shouldn't be doing. But I'm sure you're right that ALL would be impractical and unnecessary. A few more would be nice, though! Best,Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1169841595201982172007-01-26T13:59:00.000-06:002007-01-26T13:59:00.000-06:00" . . . I don't see why the court wouldn't issue w..." . . . I don't see why the court wouldn't issue written opinions on EVERY reversal - otherwise how can lower courts know what they've been doing wrong and change their practices?"<BR/><BR/>There's a difference between writing an opinion and publishing an opinion.<BR/><BR/>The court almost always writes an opinion. It might be very short in an affirmance -- maybe just "We agree with the reasoning of the court below, and adopt its order as our opinion." Opinions are typically longer in reversals because they need the court below to know what it did wrong so it will not repeat its mistake.<BR/><BR/>"Publishing" is different. It might not mean what you think it means. Even "unpublished" opinions are freely accessible. Whether published or unpublished, written opinions are available online and (sometimes) in a supplemental reporter put out by West publishing. The 5th Circuit also has a feed so you can get every single opinion e-mailed to you as it is released to the public.<BR/><BR/>"Publish" instead is a term of art that designates whether an opinion can be cited as authority in other cases. It's controversial and, in my opinion, counter-intuitive, to say the least. There's no rhyme or reason to which opinion get "published," except that, in the judgment of the opinion's author, it covers new ground or important principles.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1169568873085012892007-01-23T10:14:00.000-06:002007-01-23T10:14:00.000-06:00Take a look at the 1st and 14th CCA. You want to s...Take a look at the 1st and 14th CCA. You want to see a rubber stamp, that is a rubber stamp. Especially the 1st CCA. If the Judge refuses to sign a case for an appeal, they just rubber stamp the case and deny it or dismiss it. All of the Judges who sit on this court are from Houston, with the exception of two, Barbara Parker Hervery and she has been in Houston so long she is now a Houstonian. Then look at Sharon Keller, she is from Dallas but the same story as Ms Parker Hervey. These courts need to be entirely cleaned out and some fairness given to those who were denied their right to appeal because of the mean female judges in Houston refused to sign the papers and refused to listen to the appeal. Something has to be done to our court system to make it fair again and let's start with the judges!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1169501445392919312007-01-22T15:30:00.000-06:002007-01-22T15:30:00.000-06:00Shhhhhhh!!Don't give them any ideas! ;)Shhhhhhh!!<BR/><BR/>Don't give them any ideas! ;)Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.com