WILLIE JASPER DARDEN, PETITIONER, CROSS-RESPONDENT,
v.
LOUIE L. WAINWRIGHT, SECRETARY DEPARTMENT OF CORRECTIONS, STATE OF FLORIDA, RESPONDENT, CROSS-PETITIONER

11th Cir. | 1983-09-01
No. 81-5590
Before GODBOLD, Chief Judge, RO-NEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, ANDERSON and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge.
715 F.2d 502 Court of Appeals for the Eleventh Circuit (1983) Positive Treatment
Cited by 9 cases
Opinion of the Court
BY THE COURT:

BY THE COURT:

On its own motion, the court en banc orders that the decision entered by it on July 1, 1983, 708 F. 2d 646, affirming the decision of the district court by reason of an evenly divided court, is VACATED, and the court en banc will reconsider the case without oral argument during the week of September 12, 1983.

The execution of appellant Willie Jasper Darden is STAYED pending such reconsideration and further order by the court.

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  • Potts v. Zant, 734 F.2d 526 (11th Cir. 1984)
    …71, 40 L.Ed.2d 431 (1974). Thus, the petitioner must establish that the prosecutor’s allegedly improper remarks were sufficiently prejudicial to render his trial fundamentally unfair. Darden v. Wainwright, 699 F. 2d 1031, 1034 (11th Cir.), vacated, 715 F. 2d 502 (11th Cir.1983), reinstated in pertinent part, 725 F. 2d 1526, 1532 (11th Cir.1984). The same standard of fundamental fairness governs our examination of allegations of prosecutorial misconduct at both the guilt/innocence trial and the sentencing tr…
  • Mich. Abrasive Co. v. Anne D. Poole, 805 F.2d 1001 (11th Cir. 1986)
    …ppellant failed to object to these instructions. Thus, our inquiry on review concerning the substantive propriety of the charge is limited to whether the instructions were plainly erroneous. Puritan Insurance Co. v. Butler Aviation-Palm Beach, Inc., 715 F. 2d 502, 504 (11th Cir.1983). After reviewing the applicable law, we find no such error with the charge.3 Second, there was evidence presented in this case to support the instruction. Testimony at trial established that appellant agreed to procure insuranc…
  • Darden v. Louie L. Wainwright, 708 F.2d 646 (11th Cir. 1983)

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