Wilson v. Lindler, 92-6613
| Decision Date | 25 October 1993 |
| Docket Number | No. 92-6613,92-6613 |
| Citation | 8 F.3d 173 |
| Parties | Irvin Jefferson WILSON, Petitioner-Appellee, v. Richard S. LINDLER, Warden, McCormick Correctional Institution; State of South Carolina; Attorney General of South Carolina; T. Travis Medlock, Attorney General, Respondents-Appellants. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Donald John Zelenka, Chief Deputy Atty. Gen., Columbia, SC, argued, for appellant.
Parks Nolan Small, Federal Public Defender, Columbia, SC, argued, for appellee.
Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, WILKINSON, WILKINS, NIEMEYER, HAMILTON, LUTTIG, and WILLIAMS, Circuit Judges, sitting en banc.
This case is before the en banc court upon the petition for rehearing of Lindler, Warden, etc. after a panel of this court affirmed the district court's grant of a writ of habeas corpus to Wilson in Wilson v. Lindler, 995 F.2d 1256 (4th Cir.1993). See also 995 F.2d at 1267 (4th Cir. August 2, 1993) (). The facts of the case are set out in the majority and dissenting panel opinions.
Upon a review of the record and the briefs, and following oral argument, a majority of the court have voted to reverse the district court's grant of the writ. We hold that as far as the district court's decision was grounded on the Fifth Amendment, it was in error. Hurtado v. California, 110 U.S. 516, 534-35, 4 S.Ct. 111, 120, 28 L.Ed. 232 (1884). We further hold that to the extent that the district court found that there was a violation of the Sixth and Fourteenth Amendments in the trial of this case in the courts of South Carolina, such a finding also was in error.
Even if we were to find such error in the trial of this case in the state court, the error was invited and therefore cannot form the basis for habeas corpus relief. We also hold that no exception to the invited error doctrine has ever been adopted by this circuit, and even if such an exception exists, it would not apply to this case.
Our holdings are based on the dissenting panel opinion of Judge Widener in this case, which we adopt as our own. Wilson, 995 F.2d at 1262-67. Judges Russell, Widener, Hall, Murnaghan, Wilkinson, Niemeyer and Luttig agree to the foregoing parts of this opinion and its holding to reverse the district court.
Judges Wilkins and Williams concur in the result. They would reverse on the sole ground that if an error at trial was committed it was invited by Wilson.
Chief Judge ERVIN and Judges PHILLIPS and HAMILTON respectfully dissent. They would hold that the state indictment in this case...
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