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

> Court of Appeals for the Eleventh Circuit · January 4, 1984 · 714 F.2d 1069

URL: https://www.frixlaw.com/law-library/cases/9471010

## Case

- **Full name:** Johnny Paul WITT, Petitioner, v. Louie L. WAINWRIGHT, Etc., Et Al., Respondents
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** January 4, 1984
- **Citations:** 714 F.2d 1069
- **Precedential status:** Published
- **Opinion:** Concurrence by Roney
- **Judges:** Roney, Krayitch, Tuttle
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Wainwright v. Witt, 469 U.S. 412 (1985).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9471010

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9471010. Public record. Not legal advice.