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"Judge Hall died on February 26, 2011, before this opinion could be filed. She had previously circulated her dissent, with instructions to file it with the majority opinion."

"Judge Hall died on February 26, 2011, before this opinion could be filed. She had previously circulated her dissent, with instructions to file it with the majority opinion." So states footnote one to a decision that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

Perhaps some readers of this blog will recall that the February 21, 2006 installment of my "On Appeal" column published at law.com was headlined "Dead Judges Voting: When Does Life Tenure End?" Of course, because a dissenting opinion doesn't really count for anything, issuing a dissent written by a judge who died before the decision was actually handed down is perhaps less objectionable and could even be viewed as a magnanimous act by the majority.

Full post as published by How Appealing on March 07, 2011 (boomark / email).