U.S. Court of Appeals for the Eleventh Circuit, 1985

Charlie Benson Bowen v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center

Charlie Benson Bowen v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center
U.S. Court of Appeals for the Eleventh Circuit · Decided November 5, 1985 · Fay, Johnson, Young
776 F.2d 1486; 1985 U.S. App. LEXIS 26354 (Federal Reporter, Second Series)

Charlie Benson Bowen v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center

Opinion

ORDER:

A suggestion for rehearing en banc is treated as both a request for en banc consideration and as a petition for rehearing addressed to the original panel. 769 F.2d 672 (11th Cir. 1985). Local Rule 26(f). One of the major thrusts of the suggestion filed in this matter is that the majority erroneously applied the standards of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), and Brooks v. Kemp, 762 F.2d 1383 (11th Cir. 1985) (en banc), in resolving the issue of prosecutorial argument. The contention is that the Supreme Court has enunciated a new standard in Caldwell v. Mississippi, - U.S. -, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985), which is incompatible with or different from that established in Strickland. It is the majority’s conclusion that this precise issue was presented to and rejected by the *1487 en banc court in the petition for rehearing in Brooks, 762 F.2d at 1448 (Judges Kravitch, Johnson and Clark dissenting). The petition for rehearing, insofar as it is addressed to the original panel, is DENIED.

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