Since November 3, 2010, the Eleventh Circuit has granted en banc review in three cases. The three cases are:
- Gilbert v. U.S. which vacates the panel opinion published at 609 F.3d 1159 (11th June 21, 2010). The panel decision had vacated a district court order denying a motion to vacate sentence.;
- Warren Lee Hill, Jr. v. Schoefield which vacates the panel opinion published at 608 F.3d 1272 (11th Cir. June 18, 2010). The panel had reversed the district court's denial of a habeas petition because "we conclude that because Georgia’s requirement of proof beyond a reasonable doubt necessarily will result in the execution of the mentally retarded, the Georgia Supreme Court’s decision is contrary to the clearly established rule of Atkins; and
- Childers v. Floyd which vacates the panel opinion published at 608 F.3d 776 (11th Cir. June 8, 2010). The panel had reversed and ordered the district court to grant the habeas corpus petition.
UPDATE: For related articles see the following links:
- Miami Herald: "Ex-Fla. Senate Leader's appeal back in court"
- Pensacola News Journal: "W.D. Childer's case going to federal court"
- Atlanta Journal Constitution: "Appeals court vacates ruling on mental retardation"