HOWARD JONES, ROBERT EDWARDS, BILL STARR BUC MCLENDON, RUSSELL WARNER, GEORGE LEWIS, AS TRUSTEES OF THE IRONWORKERS LOCAL #272 PENSION FUND, HEALTH AND WELFARE FUND AND APPRENTICESHIP TRAINING PROGRAM, PLAINTIFFS-APPELLEES,
v.
DARIN & ARMSTRONG, INC., A MICHIGAN CORPORATION AND UNITED STATES FIDELITY & GUARANTEE CO., A MICHIGAN CORPORATION, DEFENDANTS-APPELLANTS

11th Cir. | 1986-09-09
No. 84-5936
800 F.2d 1024 Court of Appeals for the Eleventh Circuit (1986) Positive Treatment
Cited by 16 cases

Opinion of the Court
BY THE COURT:

BY THE COURT:

Appellants’ motion to withdraw the opinion of this court, 785 F. 2d 1521 (11th Cir.1986), is GRANTED and the appeal is DISMISSED.

Cases With Similar Vibessemantic neighbors from the corpus


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  • Cunningham v. Zant, 928 F.2d 1006 (11th Cir. 1991)
    …t he intended to knock Crawford out but not to kill him. In cases where this Court has refused to hold a Sandstrom error harmless, the defendant has presented substantially greater evidence to support his claim of lack of intent. In Thomas v. Kemp, 800 F. 2d 1024 (11th Cir.1986), cert. denied, 481 U.S. 1041, 107 S.Ct. 1982, 95 L.Ed.2d 822 (1987), the defendant claimed that his drug use prevented him from forming the requisite intent to commit murder. The defendant testified at trial about his drug use and su…
  • Bowen v. Kemp, 832 F.2d 546 (11th Cir. 1987)
    …ate" the Sandstrom error. Id. 105 S.Ct. at 1973-74. . The Supreme Court vacated and remanded Thomas for reconsideration in light of its recent decision in Rose v. Clark, — U.S. -, 106 S.Ct. 3101, 92 L.Ed.2d 460 (1986). This court in Thomas v. Kemp, 800 F. 2d 1024 (11th Cir.1986), reviewed the record in light of Rose and held that the ^Sandstrom error was not harmless. . The harmless error doctrine in Chapman requires that “before a federal constitutional error can be held harmless, the court must be able to…
  • Godfrey v. Kemp, 836 F.2d 1557 (11th Cir. 1988)
    …2d 344 (1985); Bowen v. Kemp, 769 F. 2d 672 (11th Cir.1985), cert. denied, — U.S. -, 106 S.Ct. 3337, 92 L.Ed.2d 742 (1986); Thomas v. Kemp, 766 F. 2d 452 (11th Cir.1985), vacated on other grounds, — U.S. -, 106 S.Ct. 3325, 92 L.Ed.2d 732, on remand, 800 F. 2d 1024 (11th Cir.1986), cert. denied, — U.S. -, 107 S.Ct. 1982, 95 L.Ed.2d 822 (1987); Davis v. Kemp, 752 F. 2d 1515 (11th Cir.) (en banc), cert. denied, 471 U.S. 1143, 105 S.Ct. 2689, 86 L.Ed.2d 706, 707 (1985). Fairly read, the charge allowed the state…

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