Freund v. Butterworth
| Decision Date | 25 February 1998 |
| Docket Number | No. 93-5317,93-5317 |
| Citation | 135 F.3d 1419 |
| Parties | 11 Fla. L. Weekly Fed. C 1115 John S. FREUND, Petitioner-Appellant. v. Robert A. BUTTERWORTH, Attorney General, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Paul Morris, Coral Gables, FL, for Petitioner-Appellant.
Robert W. Butterworth, Atty. Gen., Tallahassee, FL, Melvina Flaherty, Office of the Atty. Gen., West Palm Beach, FL, Myra J. Fried, Asst. Atty. Gen., West Palm Beach, FL, for Respondent-Appellee.
Appeal from the United States District Court for the Southern District of Florida (No. 93-8213-CIV-UUB), Ursula Ungaro-Benages, Judge.
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
(Opinion July 16, 1997, 11th Cir., 117 F.3d 1543).
Before HATCHETT, Chief Judge, TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, HULL and MARCUS, Circuit Judges. *
A member of this court in active service having requested a poll on the suggestion of 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. The previous panel's opinion is hereby VACATED.
* Judge Rosemary Barkett has recused herself and will not participate. Senior Judge Peter T. Fay has elected to not participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
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Freund v. Butterworth
...348, 100 S.Ct. 1708, 1718, 64 L.Ed.2d 333 (1980); accord Freund v. Butterworth, 117 F.3d 1543, 1571 (11th Cir.1997), vacated, 135 F.3d 1419 (11th Cir.1998). Our circuit's interpretation of this standard has developed primarily in two traditional contexts: a lawyer's "simultaneous representa......
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Hunter v. Secretary, Dept. of Corrections, 04-13574.
...other loyalties or interests." Id. (quoting Freund v. Butterworth, 117 F.3d 1543, 1580 (11th Cir.1997), vacated, 135 F.3d 1419 (11th Cir.1998) (granting rehearing en banc) (quoting United States v. Fahey, 769 F.2d 829, 836 (1st Cir.1985))). Those two sentences, Hunter argues, establish that......
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Rosa v. Jones
...Cuyler v. Sullivan, 446 U.S. 335 (1980); accord Freund v. Butterworth, 117 F.3d 1543, 1571 (11th Cir. 1997), vacated, 135 F.3d 1419 (11th Cir. 1998). This standard has been applied in two traditional contexts: a lawyer's "simultaneous representation" of clients with adverse interests, and a......
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Herring v. State, 89937.
...of interest." For this proposition, Herring cites Freund v. Butterworth, 117 F.3d 1543 (11th Cir.1997), vacated, Freund v. Butterworth, 135 F.3d 1419 (11th Cir.1998). Although the cited Freund decision is a legal nullity, we note that Herring mischaracterizes the holding of the decision and......