THE NATIONALIST MOVEMENT, A MISSISSIPPI NON-PROFIT CORPORATION INCORPORATED IN GEORGIA, PLAINTIFF-APPELLANT,
v.
THE CITY OF CUMMING, FORSYTH COUNTY, GEORGIA, FORSYTH COUNTY BOARD OF EDUCATION, DEFENDANTS-APPELLEES
THE NATIONALIST MOVEMENT, A MISSISSIPPI NON-PROFIT CORPORATION INCORPORATED IN GEORGIA, PLAINTIFF-APPELLANT,
THE CITY OF CUMMING, FORSYTH COUNTY, GEORGIA, FORSYTH COUNTY BOARD OF EDUCATION, DEFENDANTS-APPELLEES
921 F.2d 1125
Court of Appeals for the Eleventh Circuit (1990)
Caution
Cited by 88 cases
Opinion of the Court
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 without oral argument during the week of February 11,1991. 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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Nixon v. Singletary, 758 So. 2d 618 (Fla. 2000)…Supreme Court created an exception to the Strickland standard for ineffective assistance of counsel and acknowledged that certain circumstances are so egregiously prejudicial that ineffective assistance of counsel will be presumed.” Stano v. Dugger, 921 F. 2d 1125, 1152 (11th Cir.1991) (en banc). The Supreme Court stated: Moreover, because we presume that the lawyer is competent to provide the guiding hand that the defendant needs, see Michel v. Louisiana, 350 U.S. 91, 100-101, 76 S.Ct. 158, 100 L.Ed. 83 (…
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Fennie v. State, 855 So. 2d 597 (Fla. 2003)…6 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)], standard for ineffective assistance of counsel, and acknowledged that certain circumstances are so egregiously prejudicial that ineffective assistance of counsel will be presumed.” Stano v. Dugger, 921 F. 2d 1125, 1152 (11th Cir.1991). These circumstances include those where the accused is denied the presence of counsel at a critical stage in the proceeding, where counsel entirely fails to subject the State’s case to a meaningful adversarial testing, and w…
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Gibbs v. State, 623 So. 2d 551 (Fla. 4th DCA 1993)…to self-representation because the former attaches automatically and must be waived affirmatively to be lost, while the latter does not attach unless and until it is asserted. Marshall v. Dugger, 925 F. 2d 374, 376 (11th Cir.1991); Stano v. Dugger, 921 F. 2d 1125, 1143 (11th Cir.) (en banc), cert. denied, — U.S. -, 112 S.Ct. 116, 116 L.Ed.2d 85 (1991). The requirement for an effective assertion of the right to self-representation is that the defendant must affirmatively state his desire to proceed pro se. T…
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