CARL RAY SONGER, PETITIONER-APPELLANT,
v.
LOUIE L. WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RICHARD DUGGER, SUPERINTENDENT, FLORIDA STATE PRISON, STARKE, FLORIDA, RESPONDENTS-APPELLEES

11th Cir. | 1985-03-20
No. 85-3064
756 F.2d 1482 Court of Appeals for the Eleventh Circuit (1985) Positive Treatment
Cited by 3 cases
Opinion of the Court
BY THE COURT:

BY THE COURT:

On the court’s own motion, a majority of the judges in active service having voted in favor of hearing the captioned appeal en banc,

IT IS ORDERED that this case shall be heard by this court sitting en banc, with oral argument on a date hereafter to be fixed. The clerk will specify a briefing schedule for the filing of en banc briefs.

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  • Thomas v. Louie L. Wainwright, 767 F.2d 738 (11th Cir. 1985)
    …-, 104 S.Ct. 508, 78 L.Ed.2d 697 (1983); Spinkellink v. Wainwright, 578 F. 2d 582 (5th Cir.1978), cert. denied, 440 U.S. 976, 99 S.Ct. 1548, 59 L.Ed.2d 796 (1979) . See also Songer v. Wainwright, 756 F. 2d 800 (11th Cir.1985), reh’g en banc granted, 756 F. 2d 1482 (11th Cir.1985). We have consistently denied relief under this claim where the record reflects that any confusion in the Florida law did not appreciably affect a capital sentencing proceeding. In this case, the district court had before it the tran…
  • Francois v. Louie L. Wainwright, 763 F.2d 1188 (11th Cir. 1985)
    …ircuit will rehear en banc two cases raising Lockett-type claims: Hitchcock v. Wainwright, 745 F. 2d 1332 (11th Cir.1984), rehearing en banc granted (11th Cir.1985), and Songer v. Wainwright, 756 F. 2d 800 (11th Cir.1985), rehearing en banc granted, 756 F. 2d 1482 (11th Cir.1985). In those two cases, Hitchcock and Songer maintain that the Florida death penalty statute, as it was understood by their counsel limited the production by them of nonstatutory mitigating evidence. Francois maintains that statute as u…
  • Songer v. Louie L. Wainwright, 758 F.2d 552 (11th Cir. 1985)
    …BY THE COURT: By order entered March 20, 1985, 756 F. 2d 1482, the court has ordered that No. 85-3064 {Songer II) be heard by the court en banc, with oral argument. In 83-3500 {Songer I), a judge in regular active service has moved that the court en [*553] banc rehear the merits of the case, with oral argume…

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