Opinion

James Arthur Brown v. J. D. Cox, Superintendent of the Virginia State Penitentiary

481 F.2d 622
1973 U.S. App. LEXIS 9093

Court: Court of Appeals for the Fourth Circuit
Filed: Jun 28, 1973
Status: Published
Author: Boreman
On the bench: Haynsworth, Boreman, Winter, Craven, Butzner, Russell, Field, Widener
Cited by: 18 cases
Authority: More cited than 25.0%

The opinion

BOREMAN, Senior Circuit Judge

(dissenting):

This appeal was originally considered by a panel consisting of Haynsworth, Chief Judge, Boreman, Senior Circuit Judge, and Russell, Circuit Judge. I was designated to write for the court and, after an extended period of consideration and study, I prepared and submitted an opinion which was accepted and adopted by the panel. Brown v. Cox, 467 F.2d 1255 (4th Cir., 1972).

Subsequently, the court decided to rehear the ease in banc and Judge Russell was designated to write for the court. My colleagues who joined in the original opinion have been persuaded to approve and accept Judge Russell’s opinion on rehearing.

After careful consideration I find myself unpersuaded and in disagreement. In dissenting I simply adhere to my views expressed in the original panel decision, 467 F.2d 1255 .

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