A key question in Texas now is whether state will appeal stay of Panetti execution to full 5th Circuit and/or to Scotus.
@JustADCohen Even the docket entry, "NON DISPOSITIVE UNPUBLISHED OPINION FILED," appears intended to avoid appeal now.
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@chrisgeidner@JustADCohen I don’t see how CA5 can avoid SCOTUS review of this just by calling it something different. -
@theglipper@JustADCohen I said "even." The order itself also contains multiple elements that would make further review at this time ... -
@theglipper@JustADCohen … inappropriate. -
@chrisgeidner@JustADCohen … and I don’t see how that creates a formal procedural barrier to review. -
@theglipper@JustADCohen Well, I guess we will see.
End of conversation
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