No wary four dissenters last week would alone push Oklahoma case forward risking even worse Baze precedent. We'll see.
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@JustADCohen@rickhasen It has to be the 4 dissenters alone, otherwise the stay would have been granted.
.@RMFifthCircuit @JustADCohen or, as Andrew suggests, someone change their mind. But a little late for that!
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@rickhasen@RMFifthCircuit@JustADCohen We'll find out when they rule on stay for next Thursday's execution. Or, And Then There Were 2. -
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@eckholm@RMFifthCircuit@JustADCohen With cert. granted it might be unseemly not to give the courtesy 5th at this point. -
@rickhasen@eckholm@RMFifthCircuit@JustADCohen Roberts specifically testified that he'd give the 5th during his confirmation hearing
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@rickhasen@JustADCohen The only other thing I came up with is that 5th vote thought executed man didn't deserve relief. Cynical, I know. -
@RMFifthCircuit@JustADCohen the irreparable injury seems extreme -
@rickhasen@JustADCohen Yes. I meant that he/she thought facts in that case (but not others) were so bad that he didn't care to stay it.
End of conversation
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