CRUTCHFIELD v. WAINWRIGHT

No. 84-3508.

803 F.2d 1103 (1986)

Barney Earl CRUTCHFIELD, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Jim Smith, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 10, 1986.


Attorney(s) appearing for the Case

Thomas H. Bateman, III, Dept. of Legal Affairs, Tallahassee, Fla., for respondents-appellants.

Gwendolyn Spivey, Tallahassee, Fla., for petitioner-appellee.

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


HATCHETT, Circuit Judge:

In this case, the en banc court decides the extent to which a trial court may instruct a criminal defendant not to confer with counsel during a recess which occurs during the defendant's testimony.

During Barney Earl Crutchfield's trial for armed robbery with a deadly weapon, the Florida trial judge instructed Crutchfield's counsel not to talk with him about his testimony:

THE COURT: All right. We're going to take a little...

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