Stano v. Dugger
| Decision Date | 16 March 1990 |
| Docket Number | No. 88-3375,88-3375 |
| Parties | Gerald Eugene STANO, Petitioner-Appellant, Cross-Appellee, v. Richard L. DUGGER, Secretary, Florida Department of Corrections, Respondent-Appellee, Cross-Appellant. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Mark E. Olive, Georgia Resource Center, Inc., Atlanta, Ga., for petitioner-appellant, cross-appellee.
Margene A. Roper, Belle Turner, Asst. Atty. Gen., Daytona Beach, Fla., for respondent-appellee, cross-appellant.
Appeals from the United States District Court for the Middle District of Florida.
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING IN BANC
(Opinion November 17, 1989, 11th Cir., 1989, 889 F.2d 962)
Before TJOFLAT, Chief Judge, FAY, 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 11, 1990. 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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Stano v. Dugger
...Sixth and Fourteenth Amendments to the United States Constitution. Stano v. Dugger, 889 F.2d 962 (11th Cir.1989), vacated, 897 F.2d 1067 (11th Cir.1990) (per curiam). After rehearing en banc and thoroughly reviewing the two issues presented of self-representation and ineffective assistance ......
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Engberg v. Meyer
... ... denied 496 U.S. 931, 110 S.Ct. 2632, 110 L.Ed.2d 652 (1990) and Smith v. State, 547 N.E.2d 817 (Ind.1989). See also Harris v. Dugger, 874 F.2d 756, reh'g denied 885 F.2d 877 (11th Cir.), cert. denied 493 U.S. 1011, 110 S.Ct. 573, 107 L.Ed.2d 568 (1989) and Fitzpatrick v. McCormick, ... Wainwright, 756 F.2d 1520 (11th Cir.1985). The right to a hearing to determine facts is similarly recognized in Stano v. Dugger, 901 F.2d 898 (11th Cir.1990). Stano alleged prosecutorial suppression of collusion involving his own attorney resulting in a confession ... ...
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US v. Moody
... ... See Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 788, 4 L.Ed.2d 824 (1960); Card v. Dugger, 911 F.2d 1494, 1518 (11th Cir.1990) ... Moody's behavior during trial confirmed his competence. At all times throughout the ... Counsel incorrectly relies on Stano v. Dugger, 889 F.2d 962 (11th Cir.1989), to support his contention that, by refusing to follow counsel's advice, Moody was electing to proceed pro ... ...
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Daniel v. Thigpen
... ... The Eleventh Circuit discussed the necessary elements for the evaluation of a Pate claim in Fallada v. Dugger, 819 F.2d 1564 (11th Cir.1987) ... To determine whether a Pate violation has occurred, a court should consider three factors: (1) evidence of ... Supp. 1555 none of the alleged errors were so serious that they constituted ineffective assistance of counsel ... In Stano v. Dugger, 889 F.2d 962 (11th Cir.1989), reh'g en banc granted and opinion vacated, 897 F.2d 1067 (11th Cir.1990), the United States Court of ... ...