Opinion · Court of Appeals for the Eleventh Circuit

Darden v. Wainwright

Darden v. Wainwright, 708 F.2d 646 (11th Cir. 1983)

Type
Opinion
Court
Court of Appeals for the Eleventh Circuit
Jurisdiction
Federal
Date
1983-07-01
Topic
general

PER CURIAM: Because the court is equally divided as to whether to affirm or reverse, the judgment of the district court, 513 F.Supp. 947, is AFFIRMED by operation of law.

Citator

UpLaw has not yet analyzed Darden v. Wainwright. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
2 opinions
DARDEN v. WAINWRIGHT,708 F.2d 646(11th Cir. 1983)
WILLIE JASPER DARDEN, PETITIONER, CROSS RESPONDENT v. LOUIE L. WAINWRIGHT,
SECRETARY, DEPARTMENT OF CORRECTIONS, STATE OF FLORIDA, RESPONDENT, CROSS
PETITIONER.
No. 81-5590.
United States Court of Appeals, Eleventh Circuit.
July 1, 1983.
Opinion Vacated September 1, 1983.
See715 F.2d 502.
Robert Augustus Harper, Jr., Tallahassee, Fla., for petitioner, cross respondent.

Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, Fla., for respondent, cross petitioner.
Appeal from the United States District Court for the Middle District of Florida.
[1] ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
[2] (Opinion February 14, 1983, 11 Cir., 1983,699 F.2d 1031)
Before GODBOLD, Chief Judge, and RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, ANDERSON and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge.fn*
PER CURIAM:
[3] Because the court is equally divided as to whether to affirm or reverse, the judgment of the district court,513 F. Supp. 947, is AFFIRMED by operation of law.Page 647
  1. Circuit Judge Joseph W. Hatchett, having recused himself, did not participate in this decision. Senior Circuit Judge Lewis R. Morgan elected to participate in this decision pursuant to28 U.S.C. § 46(c). ↩