Opinion · Court of Appeals for the Eleventh Circuit

Marvin Edwin Johnson v. Richard L. Dugger, Secretary, Florida Department of Corrections

Marvin Edwin Johnson v. Richard L. Dugger, Sec’y, Fla. Dep’t of Corr., 920 F.2d 721 (11th Cir. 1990)

Type: Opinion
Court: Court of Appeals for the Eleventh Circuit
Jurisdiction: Federal
Date: 1990-12-18
Topic: general

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC Before TJOFLAT, Chief Judge, FAY, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON, BIRCH and DUBINA, 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 in 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 on a date hereafter to be fixed. The previous panel’s opinion is hereby VACATED. The clerk will specify a briefing schedule for the filing of en banc briefs.

Citator

UpLaw has not yet analyzed Marvin Edwin Johnson v. Richard L. Dugger, Secretary, Florida Department of Corrections. The absence of a flag is not a finding that it is good law.

Authority status: pending
Cited by: 9 opinions

JOHNSON v. DUGGER,920 F.2d 721(11th Cir. 1990)

MARVIN EDWIN JOHNSON, PETITIONER-APPELLANT v. RICHARD L. DUGGER, SECRETARY,

FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT-APPELLEE.

No. 89-3195.

United States Court of Appeals, Eleventh Circuit.

December 18, 1990.

Billy H. Nolas, Larry H. Spalding, Office of Capital Collateral Representative, Talla hassee, Fla., for petitioner-appellant.

Mark Menser, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for respondent-appellee.

Appeal from the United States District Court for the Northern District of Florida; Maurice Mitchell Paul, Judge.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion August 21, 1990, 11th Cir.,911 F.2d 440)

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON, BIRCH and DUBINA, Circuit Judges.^fn*

BY THE COURT:

[1] 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 in this court in active service having voted in favor of granting a rehearing en banc,

[2] IT IS ORDERED that the above cause shall be reheard by this court en bancwithoral argument on a date hereafter to be fixed. The previous panel's opinion is hereby VACATED.

[3] The clerk will specify a briefing schedule for the filing of en banc briefs.Page 722

Senior U.S. Circuit Judge James C. Hill has elected to participate in further proceedings in this matter pursuant to28 U.S.C. § 46(c). ↩