Waters v. Zant

Citation11 F.3d 139
Decision Date22 December 1993
Docket NumberNo. 88-8935,88-8935
PartiesEurus Kelly WATERS, Petitioner-Appellant, v. Walter ZANT, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (11th Circuit)

James M. Doyle, Deputy Chief Counsel, Public Counsel Div., the Com. of Mass., Committee for Public Counsel Services, Boston, MA and Wade W. Herring, II, Savannah, GA, for petitioner-appellant.

Paula Smith, Asst. Atty. Gen., Atlanta, GA, for respondent-appellee.

Appeal from the United States District Court for the Southern District of Georgia, No. 86-0130; B. Avant Edenfield, Chief Judge.

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, and CARNES, Circuit Judges. *

BY THE COURT:

A member of this court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges of 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.

* Senior U.S. Circuit Judge Thomas A. Clark has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. Sec. 46(c).

To continue reading

Request your trial
10 cases
  • Waters v. Thomas
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • February 27, 1995
    ...and dissenting in part). We granted the State of Georgia's suggestion for rehearing en banc, vacating the panel opinion. Waters v. Zant, 11 F.3d 139 (11th Cir.1993). I. DENIAL OF GUILT STAGE We affirm the denial of guilt stage relief for the reasons set out in the panel opinion, 979 F.2d at......
  • U.S. ex rel Doe v. DeGregorio
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • April 27, 2007
  • United States ex rel. Hood v. Satory Global, Inc.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • May 23, 2013
  • Conner v. State, DEFENDANT-APPELLANT
    • United States
    • Supreme Court of Indiana
    • May 25, 1999
    ...1324. The court concluded that there existed no tactical reason to make this argument to the jury. Id. We also find that Waters v. Zant, 11 F.3d 139 (11th Cir. 1993), does not provide support for the defendant's contention. That decision was vacated and reheard en banc. See Waters v. Thomas......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT