Dissents are worthless, right? After all, they're not controlling, especially dissents from orders.
This dissent from an en banc rehearing denial, by Chief Judge Alex Kozinski, arguing that the frequency of Brady disclosure violations has reached epidemic proportions, is one more reason why Judge Kozinski is quickly becoming a personal favorite. It's snarky, well-written, and makes you wonder how in the heck the original panel (and the en banc deniers) got the case so wrong.
Unfortunately, it's legal effect is nill, which means the defendant, Kenneth Olsen, who was convicted of knowingly developing a biological agent (ricin) for use as a weapon (allegedly laced allergy pills), will not receive relief, absent Supreme Court intervention.