SONGER v. WAINWRIGHT

No. 83-3500.

769 F.2d 1497 (1985)

Carl Ray SONGER, Petitioner-Appellant, v. Louie L. WAINWRIGHT, etc., and Richard L. Dugger, etc., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 16, 1985.


Attorney(s) appearing for the Case

Deval Patrick, New York City, for petitioner-appellant.

Frank Lester Adams, III, Peggy A. Quince, Asst. Attys. Gen., Tampa, Fla., for respondents-appellees.

Before GODBOLD, Chief Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, ANDERSON and CLARK, Circuit Judges.


PER CURIAM:

On May 18, 1984, a panel of this court entered an opinion in this matter, 733 F.2d 788 (11th Cir.1984). By order dated January 29, 1985, the same panel denied petitioner's motion to recall the mandate and for stay of execution of his death sentence, 755 F.2d 1394 (11th Cir.1985). Thereafter, a majority of the court voted to recall the mandate and consider this case en banc,

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