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: How Appealing

Access online a rare dissent from a federal appellate court's decision to grant rehearing en banc

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Access online a rare dissent from a federal appellate court's decision to grant rehearing en banc: Dissents from the denial of rehearing en banc issue from time to time, but Fifth Circuit Judge Jerry E. Smith's dissent from the grant of rehearing en banc in United States v. Seale is the first such dissent of that type I can ever recall having seen.

In addition to dissenting from the grant of rehearing en banc, Judge Smith also disagrees with the Fifth Circuit's decision not to hear en banc argument until May 2009.

My earlier coverage of the Fifth Circuit's decision to grant rehearing en banc in this case can be accessed here and here. Judge Smith's dissent apparently did not issue simultaneously with the order granting rehearing en banc.

Full post as published by How Appealing on November 25, 2008 (boomark / email).

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