Fifth Circuit and the death penalty

The NY Times has this article (registration required) criticizing the Fifth Circuit's handling of death penalty cases from Texas.

The article says, in part:

"Opponents of the death penalty say the imminent execution of Mr. Robertson is a demonstration that the federal appeals court that heard his case, in New Orleans, has not followed the law set out in Supreme Court decisions. They add that the court, which has the heaviest capital docket of all of the federal courts of appeals, is prone to deciding cases in short opinions without hearing oral arguments."