Narrative Opinion Summary
Appellant’s petition for rehearing en banc has been granted following a majority vote from the judges of the court and the United States' agreement on the matter. Consequently, the opinion and judgment issued on April 8, 1986, are vacated. Counsel for both parties must submit supplemental memoranda by October 17, 1986, addressing whether Watson was denied due process due to ineffective counsel during the appeal, referencing several key U.S. Supreme Court cases. The Clerk will schedule the cases for en banc argument in the November session, and counsel are instructed to provide ten copies of previously filed briefs to the Clerk by September 29, 1986.
Legal Issues Addressed
Due Process and Ineffective Counselsubscribe to see similar legal issues
Application: The case requires examination of whether the appellant was denied due process due to ineffective counsel during the appeal, necessitating supplemental memoranda from both parties.
Reasoning: Counsel for both parties must submit supplemental memoranda by October 17, 1986, addressing whether Watson was denied due process due to ineffective counsel during the appeal, referencing several key U.S. Supreme Court cases.
Granting of Rehearing En Bancsubscribe to see similar legal issues
Application: The court granted a rehearing en banc after a majority vote from the judges and agreement from the United States, indicating significant judicial interest and potential errors in the prior proceedings that require full court review.
Reasoning: Appellant’s petition for rehearing en banc has been granted following a majority vote from the judges of the court and the United States' agreement on the matter.
Procedural Requirements for En Banc Hearingsubscribe to see similar legal issues
Application: The court mandates specific procedural steps, including submission of supplemental memoranda and previously filed briefs, to prepare for the en banc hearing.
Reasoning: The Clerk will schedule the cases for en banc argument in the November session, and counsel are instructed to provide ten copies of previously filed briefs to the Clerk by September 29, 1986.
Vacatur of Prior Opinion and Judgmentsubscribe to see similar legal issues
Application: The court vacated the prior opinion and judgment issued on April 8, 1986, which nullifies the previous court decision pending the outcome of the en banc rehearing.
Reasoning: Consequently, the opinion and judgment issued on April 8, 1986, are vacated.