A key question in Texas now is whether state will appeal stay of Panetti execution to full 5th Circuit and/or to Scotus.
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Replying to @JustADCohen
@JustADCohen Can they, procedurally? It's not a final order.1 reply 0 retweets 0 likes -
Replying to @chrisgeidner
@chrisgeidner I don't know. I just now we've seen this before where the stay does not last the day.1 reply 0 retweets 0 likes -
Replying to @JustADCohen
@JustADCohen Right, but this wording seems intended to maintain control within the panel, for now at least.1 reply 0 retweets 0 likes -
Replying to @chrisgeidner
@JustADCohen Even the docket entry, "NON DISPOSITIVE UNPUBLISHED OPINION FILED," appears intended to avoid appeal now.1 reply 0 retweets 0 likes -
Replying to @chrisgeidner
@chrisgeidner@JustADCohen I don’t see how CA5 can avoid SCOTUS review of this just by calling it something different.1 reply 0 retweets 0 likes -
Replying to @theglipper
@theglipper@JustADCohen I said "even." The order itself also contains multiple elements that would make further review at this time ...1 reply 0 retweets 0 likes -
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Replying to @chrisgeidner
@chrisgeidner@JustADCohen … and I don’t see how that creates a formal procedural barrier to review.1 reply 0 retweets 0 likes
@theglipper @JustADCohen Well, I guess we will see.
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