Opinion
No. 95-4403
Decided December 19, 1996
Joan L. Greenberg, Asst. Attorney General, West Palm Beach, FL, for Respondents-Appellant.
Helen C. Trainor, Asst. Federal Public Defender, Miami, FL, for Petitioner-Appellee.
Appeal from the United States District Court for the Southern District of Florida
D.C. Docket No. 94-6258-CIV-UUB
ON PETITION FOR REHEARING EN BANC
(Opinion July 18, 1996, 11th Cir., 87 F.3d 1282)
Before HATCHETT, Chief Judge, TJOFLAT, KRAVITCH, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.
The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), the Suggestion of Rehearing En Banc is DENIED.
I respectfully dissent from the order of the majority of the court in denying the petition of appellee Carl Watts for en banc rehearing. This case presents important issues which, for reasons stated in Judge Carnes's dissent, were erroneously decided.