CHARLIE BENSON BOWEN, PETITIONER-APPELLEE,
v.
RALPH KEMP, WARDEN, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER, RESPONDENT-APPELLANT

11th Cir. | 1985-12-02
No. 84-8327
Before FAY and JOHNSON, Circuit Judges, and YOUNG , District Judge., JOHNSON and CLARK, Circuit Judges, join:
778 F.2d 623 Court of Appeals for the Eleventh Circuit (1985) Positive Treatment
Cited by 16 cases
Opinion of the Court
PER CURIAM:

PER CURIAM:

The court having been polled at the request of one of the members of the court, and a majority of the circuit judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 26), the suggestion for rehearing en banc is DENIED.
Dissent
KRAVITCH, Circuit Judge,

KRAVITCH, Circuit Judge,

dissenting, with whom

JOHNSON and CLARK, Circuit Judges, join:

As Judge Johnson points out in his dissent, the standard for evaluating claims of prosecutorial misconduct which this court adopted in Brooks v. Kemp, 762 F. 2d 1383, 1413 (11th Cir.1985) (en banc), and which the majority applied in the instant case, is incompatible with the standard enunciated by the Supreme Court in Caldwell v. Mississippi, — U.S.-, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985). To date, this court has not resolved this potential conflict. Although the majority of the Bowen panel, in its denial of panel rehearing, makes the cursory assertion that there is no conflict between the two standards, it furnishes no analytical basis for such a conclusion. The court has not yet squarely addressed the issue and reconciled the language of Brooks and Caldwell. I therefore dissent from the denial of Bowen’s petition for rehearing en banc.

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  • Johnson v. Singletary, 612 So. 2d 575 (Fla. 1993)
    …rime and the procedural history of this case are recited in the prior opinions of this Court and the federal courts. Johnson v. Dugger, 932 F. 2d 1360 (11th Cir.), cert. denied, — U.S. -, 112 S.Ct. 427, 116 L.Ed.2d 446 (1991); Johnson v. Wainwright, 778 F. 2d 623 (11th Cir.1985), cert. denied, 484 U.S. 872, 108 S.Ct. 201, 98 L.Ed.2d 152 (1987); Johnson v. Dugger, 520 So. 2d 565 (Fla.1988); Johnson v. Wainwright, 463 So. 2d 207 (Fla.1985); Johnson v. State, 442 So. 2d 185 (Fla.1983) (direct appeal), cert. den…
  • Johnson v. Dugger, 520 So. 2d 565 (Fla. 1988)
    …of relief pursuant to rule 3.850. Johnson v. Wainwright, 463 So. 2d 207 (Fla.1985). The United States Court of Appeals, Eleventh Circuit granted a stay of execution, but later held that Johnson was not entitled to any relief. Johnson v. Wainwright, 778 F. 2d 623 (11th Cir.1985). [*566] In this petition,1 Johnson argues that the trial judge failed to consider the nonstat-utory mitigating evidence proffered by Johnson during the sentencing phase. It is undisputed that the judge instructed the jury property un…
  • Ward v. Warden Hilton Hall, 592 F.3d 1144 (11th Cir. 2010)
    …me Court has recognized that “the official character of the bailiff — as an officer of the court as well as of the State — beyond question carries great weight with a jury[.]” Parker, 385 U.S. at 365, 87 S.Ct. at 470; see also Johnson v. Wainwright, 778 F. 2d 623, 627 (11th Cir. 1985) (noting that “a bailiffs exercise of his official duties is likely to give him added legitimacy in the eyes of a jury”). The fact that a bailiff provided the extrinsic evidence to the jury here enhances the likelihood that the…

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