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?
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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!
ReplyDeleteAlso, it's interesting to note that both the Roy and Davis opinions had judges sitting by designation.
Nope - it bull.
ReplyDeleteDefense win = en banc.
ReplyDeleteDavid - 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.
ReplyDeleteYes. See United States v. Lewis, 492 F.3d 1219 (11th Cir. 2007) (en banc)
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