Washington v. Strickland
| Decision Date | 14 May 1982 |
| Docket Number | No. 81-5379,81-5379 |
| Citation | 679 F.2d 23 |
| Parties | David Leroy WASHINGTON, Petitioner-Appellant, v. Charles E. STRICKLAND, Superintendent; Jim Smith, Attorney General, State of Florida; Louie L. Wainwright, Secretary of Department of Corrections, Respondents-Appellees. . Unit B * |
| Court | U.S. Court of Appeals — Fifth Circuit |
Appeal from United States District Court, Southern District of Florida; C. Clyde Atkins, Chief Judge.
Richard E. Shapiro, New Orleans, La., for petitioner-appellant.
Calvin Fox, Asst. Atty. Gen., Miami, Fla., for respondents-appellees.
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
(Opinion April 23, 1982, 5 Cir., 1982, 673 F.2d 879).
Before GODBOLD, Chief Judge, RONEY, TJOFLAT, HILL, FAY, KRAVITCH, FRANK M. JOHNSON, Jr., HENDERSON, ANDERSON, and THOMAS A. CLARK, Circuit Judges. **
A majority of the Judges in active service, on the Court's own motion, having determined to have this case reheard en banc,
IT IS ORDERED that this cause shall be reheard by the Court en banc on briefs with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.
* Former Fifth Circuit case, Section 9(3) of Public Law 96-452-October 14, 1980.
** Judges Vance and Hatchett are recused and did not participate in this decision.
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Strickland v. Washington, 82-1554
...decision was itself vacated when Unit B of the former Fifth Circuit, now the Eleventh Circuit, decided to rehear the case en banc. 679 F.2d 23 (1982). The full Court of Appeals developed its own framework for analyzing ineffective assistance claims and reversed the judgment of the District ......
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Alvord v. Wainwright
...former Fifth Circuit ordered rehearing en banc in Washington v. Strickland, 673 F.2d 879 (5th Cir. Unit B), rehearing granted, 679 F.2d 23 (5th Cir. Unit B 1982), a case presenting important issues underlying the claim of ineffective assistance of counsel asserted by petitioner herein.2 The......
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Martin v. State of Tex.
...supra, 446 U.S. at 341-42, 100 S.Ct. at 1714; Washington v. Strickland, 673 F.2d 879, 884 n. 1 (5th Cir.), reh'g en banc granted, 679 F.2d 23 (5th Cir.1982).4 If Martin carries his burden at the evidentiary hearing, the court should order relief in the form of an out-of-time appeal by whate......
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Cepulonis v. Ponte, 82-1574
...Baynes, 687 F.2d 659, 669-71 (3d Cir.1982). Washington v. Strickland, 673 F.2d 879, 895-901 & nn. 11-26, rehearing en banc ordered, 679 F.2d 23 (5th Cir.1982).5 Appellant's first claim is largely a restatement of the ineffective assistance argument we have already rejected. Insofar as appel......