Opinion

Johnny Paul Witt v. Louie L. Wainwright, Etc.

  • 714 F.2d 1069
Court
Court of Appeals for the Eleventh Circuit
Filed
Jan 4, 1984
Status
Published
Author
Roney
On the bench
Roney, Krayitch, Tuttle
Cited by
20 cases
Authority
More cited than 25.3%

Reversed on other grounds by Wainwright v. Witt, 469 U.S. 412 (1985)

“[T]he determination whether a work entered the public domain prior to the effective date of the 1976 Act must be made according the copyright law as it existed before that date.”

How later courts described this case

  • “[T]he determination whether a work entered the public domain prior to the effective date of the 1976 Act must be made according the copyright law as it existed before that date.”
  • question as to whether death penalty would "interfere" with juror's deliberations

Written by the judges who cited it.

The opinion

RONEY, Circuit Judge,

specially concurring.

Since I am not prepared to agree that this Court’s decision in Goode v. Wainwright, 704 F.2d 593 (11th Cir.1983) retains its viability in light of Stephens v. Zant, - U.S. -, 103 S.Ct. 2733 , 77 L.Ed.2d 235 (1983), and Barclay v. Florida,- U.S. -, 103 S.Ct. 3418 , 77 L.Ed.2d 1134 (1983), I concur only in the result reached by the Court. Since this case is distinguishable from Goode , it matters not to this decision how these Supreme Court decisions may have detracted from the Goode analysis.

Although I doubt the soundness of the analysis which leads to the reversal under Witherspoon v. Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968), I recognize the Court’s attempt to faithfully follow the decisions in this Circuit which, although questionable, guide that analysis and I therefore do not dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.