Thursday, September 04, 2014

11th Circuit grants en banc in cell-site case

Well, that was fast.  The government asked for en banc review in Quartavious Davis' case on August 4 (covered by the blog here). 

I've asked this before, and I'll ask it again here -- has the 11th Circuit ever granted en banc review when the defense has asked for it?

5 comments:

Literati said...

That en banc rehearing is still slower than the Alexander Michael Roy rehearing. The Eleventh Circuit granted rehearing about a month after it issued the opinion. That's breackneck speed!

Also, it's interesting to note that both the Roy and Davis opinions had judges sitting by designation.

Anonymous said...

Nope - it bull.

Anonymous said...

Defense win = en banc.

Tom Withers said...

David - I had rehearing en banc granted 10 years ago. United States v. Drury, 358 F3d 1280, but it was then vacated by 396 F.3d 1146.

Anonymous said...

Yes. See United States v. Lewis, 492 F.3d 1219 (11th Cir. 2007) (en banc)