Jerry E. Smith published what he called 'the Fifth Circuit panel opinion that should have been issued' after the court upheld Jedidiah Murphy's execution stay.
A federal appeals court on Monday upheld a ruling delaying the scheduled execution of a Texas inmate, but one dissenting judge rebelled against the ruling by publishing a fake majority opinion.Jedidiah Murphy, 48, had been set to receive a lethal injection at the state penitentiary in Huntsville on Tuesday evening. He was condemned for the 2000 fatal shooting of 80-year-old Bertie Lee Cunningham during a carjacking in Garland, a suburb of Dallas.
'Instead, Smith put out into the world what amounts to little more than his fan-fic majority opinion,' Geidner wrote. 'This is not appropriate judicial behavior, and it's honestly very confusing. There's now a document out there, formatted like an opinion of the Fifth Circuit, that is undoubtedly going to be incorrectly cited to and quoted from in the future.
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