# Richard Tucker v. Robert Francis, Warden, Georgia Diagnostic and Classification Center

> Court of Appeals for the Eleventh Circuit · March 15, 1984 · 723 F.2d 1504

URL: https://www.frixlaw.com/law-library/cases/9471582

## Case

- **Full name:** Richard TUCKER, Petitioner-Appellant, v. Robert FRANCIS, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellee
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** March 15, 1984
- **Citations:** 723 F.2d 1504; 1984 U.S. App. LEXIS 24497
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Tjoflat, Fay, Wisdom
- **Cited by:** 29 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/9471582

## How later opinions describe it (automated extraction)

- holding that defendant who declined to testify during guilt phase of capital trial, but who testified during sentencing phase, may be impeached under Fifth Amendment with guilt-phase silence
- noting in dicta that Griffin applies to sentencing phase

## Opinion text

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
Before GODBOLD, Chief-Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit Judges.
BY THE COURT:
A member of this Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the cause 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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9471582. Public record. Not legal advice.