# Charles Kenneth Foster v. Charles G. Strickland, Jr.

> Court of Appeals for the Eleventh Circuit · November 3, 1983 · 707 F.2d 1339

URL: https://www.frixlaw.com/law-library/cases/9470670

## Case

- **Full name:** Charles Kenneth FOSTER, Petitioner, v. Charles G. STRICKLAND, Jr., Et Al., Respondents
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** November 3, 1983
- **Citations:** 707 F.2d 1339; 1983 U.S. App. LEXIS 15611
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Roney, Kravitch, Tuttle
- **Cited by:** 69 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9470670

## How later opinions describe it (automated extraction)

- holding that a petitioner may not complain of his counsel following his instructions to not investigate and prepare an insanity defense

## Opinion text

*1352 ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
PER CURIAM:
Upon further consideration, we conclude that the failure of the appellant to raise the issue concerning “the trial court’s findings of fact in support of its sentence” in its brief or in oral argument before us forecloses our consideration of the issue sua sponte. Cf. Stephens v. Zant, 716 F.2d 276 (5th Cir.1983), on remand from the Supreme Court of the United States).
That part of our opinion in this case beginning with VI and through the conclusion, together with the dissenting opinion, are hereby stricken and the following is substituted in lieu thereof:
■THE JUDGMENT OF THE TRIAL COURT DENYING THE WRIT IS AFFIRMED.
No member of this panel nor Judge in regular active service on the Court having requested that the Court be' polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure, Eleventh Circuit Rule 26), the Suggestion for Rehearing En Banc is DENIED.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9470670. Public record. Not legal advice.