Wednesday, August 18, 2021

Ford v. Peery (9th Cir. - Aug. 18, 2021)

Judge VanDyke is unhappy with some dicta contained in a particular panel's habeas opinion, so he writes this dissent from the refusal to hear the case en banc.

Okay, fine.  He's got a point to make, and he makes it.  For twenty-plus single-spaced pages.

Maybe he's right, maybe he's wrong.  But when not even a single judge on the Ninth Circuit is willing to join your dissent, a brief pause might be in order.  Maybe you're the one taking this too hard, no?

At least worth thinking about.