GARY WAYNE ANDREWS, PLAINTIFF-APPELLEE,
v.
JOE N. BENSON, DEFENDANT, JAMES CARDEN; RALPH JARRELL; AND ERNEST ADCOX, JR., DEFENDANTS-APPELLANTS

11th Cir. | 1987-05-11
No. 86-7049
Before RONEY, Chief Judge, GODBOLD, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK and EDMONDSON, Circuit Judges .
817 F.2d 1471 Court of Appeals for the Eleventh Circuit (1987) Negative Treatment
Cited by 32 cases
Other
BY THE COURT:

(Opinion February 17, 1987, 11th Cir., 1987. 809 F. 2d 1537)

Before RONEY, Chief Judge, GODBOLD, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK and EDMONDSON, Circuit Judges *.

BY THE COURT:

A member of this court in active service having requested a poll on the application for rehearing en banc and a majority of the judges of this court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the above cause shall be reheard by this court en banc with oral argument during the week of October 19, 1987, on a date hereafter to be fixed. The clerk will specify a briefing schedule for the filing of en banc briefs. The previous panel’s opinion is hereby VACATED.

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Citator

Cited By (13 total)

  • Grossman v. State, 525 So. 2d 833 (Fla. 1988)
    …29 L.Ed.2d 862; [Crampton v. Ohio], 408 U.S. 941, 92 S.Ct. 2873, 33 L.Ed.2d 765 (1972). . In this connection, see Adams v. Wainwright, 804 F. 2d 1526 (11th Cir.1986), modified by Adams v. Dugger, 816 F. 2d 1493 (11th Cir.1987), and Mann v. Dugger, 817 F. 2d 1471 (11th Cir.1987), vacated and rehearing granted en banc by Mann v. Dugger, 828 F. 2d 1498 (11th Cir.1987), where the courts held that instructing the jury that the judge was the ultimate sentencer denigrated the jury role contrary to Tedder and in vi…
  • Combs v. State, 525 So. 2d 853 (Fla. 1988)
    …ry,” together with similar comments made by the prosecutor to that effect, violates Caldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985). In so holding, we refuse to apply the Eleventh Circuit’s decisions in Mann v. Dugger, 817 F. 2d 1471, reh’g granted and opinion vacated, 828 F. 2d 1498 (11th Cir.1987), and Adams v. Wainwright, 804 F. 2d 1526 (11th Cir.1986), modified, 816 F. 2d 1493 (11th Cir.1987), petition for cert. filed, 56 U.S.L. W. 3094 (U.S. Jul. 20, 1987) (No. 87-121). W…
    1 / 2
  • Card v. Dugger, 512 So. 2d 829 (Fla. 1987)
    …ntences to be set aside because of comments by the court and the prosecutor said to have misled the jury with respect to its sentencing responsibility. Some of the judge’s statements to Card’s jury were similar to those criticized in Mann v. Dugger, 817 F. 2d 1471 (11th Cir.1987), and Adams v. Wainwright, 804 F. 2d 1526 (11th Cir.1986), although the prosecution did tell the jury that in his experience the judge “will most probably place a great deal of weight on your advisory opinion.” However, we do not reac…

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