Smith v. Zant
| Decision Date | 02 May 1989 |
| Docket Number | No. 88-8436,88-8436 |
| Citation | 873 F.2d 253 |
| Parties | William Alvin SMITH, Petitioner-Appellant, Cross-Appellee, v. Walter ZANT, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellee, Cross-Appellant. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Stephen H. Glickman, Auckerman, Spaeder, Goldstein, Taylor & Kolker, Washington, D.C., and Stephen B. Bright, Atlanta, Ga., for petitioner-appellant, cross-appellee.
Dennis R. Dunn, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee, cross-appellant.
Appeals from the United States District Court for the Middle District of Georgia; Duross Fitzpatrick, District Judge.
Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON and COX, Circuit Judges.
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 a 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 June 5, 1989, on a date hearafter 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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Smith v. Zant, 88-8436
...Zant, 855 F.2d 712 (11th Cir.1988). The Court took this case in banc, which resulted in the panel opinion being vacated. Smith v. Zant, 873 F.2d 253 (11th Cir.1989). The judges of the in banc court are equally divided on the proper disposition of this case. Therefore, the order of the distr......
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Mathis v. Zant
...court. See Smith v. Zant, 855 F.2d 712 (11th Cir.1988). The second panel decision was vacated by the en banc court, see Smith v. Zant, 873 F.2d 253 (11th Cir.1989), and the merits of the case were reheard en banc, see Smith v. Zant, 887 F.2d 1407 (11th Cir.1989). None of the later proceedin......
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U.S. v. Grinkiewicz, 87-6056
... ... The "simultaneous possession of several weapons constitutes only one offense under Section [922(g) ]." United States v. Smith, 591 F.2d 1105 (5th Cir.1979) ... The defendant failed to object to these multiplicitous counts in the indictment prior to trial as ... ...