Sex, Lies, Hostility in the Court

He was "just bouncing off the walls. He was totally irrational," Browning said.

In 2005, Judge Bradford Thomas, who had only been on the court for a few days, approached Kahn to tell him his opinion to reverse Childers' conviction was wrong. When Thomas said he would vote to have the full court rehear the case, Kahn told him to "get the f— out of my office," Kahn admitted. He later apologized.

As judges circulated their draft opinions, several told Allen not to publish his concurring opinion, and at least one called it "reprehensible."

Browning, now the chief judge, said he thought Allen and Kahn were "playing chicken" with each other. "I never dreamed the public would see it," he said.