JAMES WILLIE COCHRAN, PETITIONER-APPELLEE, CROSS-APPELLANT,
v.
TOMMY HERRING, COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, RESPONDENT-APPELLANT, CROSS-APPELLEE

11th Cir. | 1995-07-26
No. 93-7028
Before TJOFLAT, Chief Judge, ANDERSON and COX, Circuit Judges.
61 F.3d 20 Court of Appeals for the Eleventh Circuit (1995) Caution
Cited by 27 cases
Opinion of the Court
PER CURIAM:

PER CURIAM: The panel opinion is reported at 43 F. 3d 1404 (11th Cir.1995). The panel modifies its opinion by deleting the following citation from the end of the second full paragraph on page 1409: See also Watkins v. State, 632 So. 2d 555, 562-63 (Ala.Crim.App.1992) (noting that the Alabama Supreme Court has often remanded cases for a Batson hearing despite various procedural defaults), cert. quashed, 632 So. 2d 566 (Ala.), cert. denied, — U.S. —, 114 S.Ct. 2153, 128 L.Ed.2d 880 (1994). The petition for rehearing filed by appellant/cross-appellee, Tommy Herring, is otherwise DENIED.

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Cited By (13 total)

  • Ratliff v. State, 666 So. 2d 1008 (Fla. 1st DCA 1996)
    …1995) (seven of eleven jurors stricken peremptorily were Hispanic); Cochran v. Herring, 43 F. 3d 1404, 1410-12 (11th Cir.) (seven of fourteen peremptoty challenges used to strike seven of nine blacks on forty-two-member venire), modified on reh'g., 61 F. 3d 20 (11th Cir.1995); United States v. Cooper, 19 F. 3d 1154, 1159 (7th Cir. 1994) (four of five peremptory challenges directed to blacks).…
  • Univ. OF S. Ala. v. THE Am. Tobacco Co., 168 F.3d 405 (11th Cir. 1999)
    …al Petroleum Co., 577 F. 2d 298, 302 (5th Cir.1978)). Because of the unique circumstances of this case, however, the district court’s order effectively "terminate[d] the litigation” and was therefore an appealable final order. Mesa v. United States, 61 F. 3d 20, 21 (11th Cir.1995). . In Bonner v. City of Prichard, 661 F. 2d 1206 (11th Cir.1981) (en banc), this Court adopted as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 198…
  • Wright v. Hopper, 169 F.3d 695 (11th Cir. 1999)
    …he Alabama courts have not regularly and consistently applied a procedural bar to cases where a Batson claim was not raised on direct appeal. Wright relies on this court’s decision in Cochran v. Herring, 43 F. 3d 1404 (11th Cir.), modified on reh’g, 61 F. 3d 20 (1995), to support his contention. In Cochran, this court found that “where the trial took place pre-Batson, a properly made Swain claim made in a pre-trial motion is treated as a timely made Batson objection for the purpose of preserving the Batson…

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