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: California Appellate ReportU.S. v. Andrews (9th Cir. - April 7, 2010)
By Shaun Martin
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I understand pride of authorship. I also know that judges may occasionally change their votes after reading a draft opinion.Those understandings aside, I always find it funny when I read an opinion by a three-judge panel in which the panel has to explain who's writing what and in which the "opinion for the court" is also authored by a dissenter.
So in this morning's case, for example, Judge Alarcon authors the opinion for the court on one issue, but dissents as to another. Which is sometimes efficient (though a hassle to follow), at least with larger panels.
But here, Judges Clifton and Fernandez both agree on every issue, and so Judge Clifton writes a "concurring" opinion that Judge Fernandez joins. Given this fact, it'd be a lot easier to follow if the majority opinion was authored by Judge Clifton (potentially just dupe-and-revising a draft and/or bench memo by Judge Alarcon) with a simple "partial dissent" by Judge Alarcon. Rather than having Judge Alarcon write the majority opinion in part and a dissent in part.
No biggie. You can still follow the opinion if you try. But easier is often better.
Full post as published by California Appellate Report on April 07, 2010 (boomark / email).
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