while not addressing a due process challenge to the placement of burden, the court held that “Spencer wholly failed to establish any substantial or bona fide doubt that he was competent to stand trial.”
How later courts described this case
- while not addressing a due process challenge to the placement of burden, the court held that “Spencer wholly failed to establish any substantial or bona fide doubt that he was competent to stand trial.”
- noting that as late as May 1982 these studies were available only through oral testimony
- Underrepresentation of blacks and women on jury lists “appears” to satisfy actual prejudice requirement, where petitioner has alleged blacks and women are less likely to convict a defendant and recommend the death penalty
- discussing when a state law ground is independent and adequate under Wainwright
Written by the judges who cited it.
The opinion
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
Before GODBOLD, Chief Judge, RON-EY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit Judges.
BY THE COURT:
A majority of the Judges in active service, on the Court’s own motion, having determined to have this case reheard en banc,
IT IS ORDERED that the case shall be reheard by this Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of en banc briefs.