Harich v. Dugger, 86-3167

Decision Date10 September 1987
Docket NumberNo. 86-3167,86-3167
Citation828 F.2d 1497
PartiesRoy Allen HARICH, Petitioner-Appellant, v. Richard L. DUGGER, Secretary, Florida Department of Corrections, Respondent-Appellee.
CourtU.S. Court of Appeals — Eleventh Circuit

Jonathan F. Horn, CBS, Inc., New York City, David A. Reiser, Office of Capital Collateral Representative, Tallahassee, Fla., for petitioner-appellant.

Margene A. Roper, Asst. Atty. Gen., Daytona Beach, Fla., for respondent-appellee.

Appeal from the United States District Court for the Middle District of Florida; George Kendall Sharp, Judge.

Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK and EDMONDSON, Circuit Judges.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING IN BANC

(Opinion March 18, 1987, 11th Cir., 1987, 813 F.2d 1082)

BY THE COURT:

A member of this court in active service having requested a poll on the application for rehearing in banc and a majority of the judges of this court in active service having voted in favor of granting rehearing in banc,

IT IS ORDERED that the above cause shall be reheard by this court in banc with oral argument during the week of October 19, 1987, on or hereafter to be fixed. The clerk will specify a briefing schedule for the filing of in banc briefs. The previous panel's opinion is hereby VACATED.

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7 cases
  • State v. Clark
    • United States
    • New Mexico Supreme Court
    • March 9, 1989
    ...is adequately narrowed for eighth amendment purposes. See Harich v. Wainwright, 813 F.2d 1082, 1103 (11th Cir.), reh'g granted, 828 F.2d 1497 (1987), opinion on reh'g, 844 F.2d 1464 (1988) (sentence affirmed). Gray v. Lucas, 677 F.2d 1086, 1110 (5th Cir.1982), cert. denied, 461 U.S. 910, 10......
  • Combs v. State
    • United States
    • Florida Supreme Court
    • February 18, 1988
    ...49 L.Ed.2d 913 (1976). It is important to note that in Harich v. Wainwright, 813 F.2d 1082, reh'g granted and order vacated, 828 F.2d 1497 (11th Cir.1987), a decision rendered by the Eleventh Circuit four months after Adams but two months before Mann, that panel held the identical instructi......
  • Francis v. Dugger
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • July 24, 1990
    ...1082, 1102-03 (11th Cir.) (Florida Supreme Court's construction adequately narrows "cold, calculated, and premeditated"), vacated 828 F.2d 1497 (11th Cir.1987), dist. ct. disposition adopted on rehearing, 844 F.2d 1464 (11th Cir.1988). Second, the trial court explicitly found the facts to w......
  • Stewart v. Dugger
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • June 9, 1988
    ...concurring); Harich v. Wainwright, 813 F.2d 1082, 1098-1101 (11th Cir.1987), reh'g granted and opinion vacated sub nom. Harich v. Dugger, 828 F.2d 1497 (11th Cir.1987); Adams v. Wainwright, 804 F.2d 1526, 1528-33 (11th Cir.1986), modified on reh'g sub nom. Adams v. Dugger, 816 F.2d 1493, 14......
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