stating that "[t]he thrust of the many constitutional rules governing the conduct of criminal trials is to ensure that those trials lead to fair and correct judgments,” and relying on Van Arsdall for the proposition that "the Constitution entitles a criminal defen *771 dant to a fair trial, not a perfect one.” (internal citations omitted)
How later courts described this case
- stating that "[t]he thrust of the many constitutional rules governing the conduct of criminal trials is to ensure that those trials lead to fair and correct judgments,” and relying on Van Arsdall for the proposition that "the Constitution entitles a criminal defen *771 dant to a fair trial, not a perfect one.” (internal citations omitted)
- finding no discernable prejudice in capital counsel’s failure to rehabilitate venirepersons who indicated that they could not impose the death penalty, where the defendant failed to demonstrate that rehabilitation was possible
- denying an ineffective assistance claim and holding that there was no prejudice from counsel’s failure to rehabilitate prospective jurors who stated they could not impose the death penalty when defendant failed to demonstrate rehabilitation was possible
- jury was told that “there will be others who will be behind you to either agree with you or to say you are wrong”
Written by the judges who cited it.
Later courts went against this
Superseded on other grounds by Robert Sawyer v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary, 881 F.2d 1273 (1989)
848 F.2d 582 (5th Cir.1988); superseded on other grounds, Sawyer v. Butler, 881 F.2d 1273 (5th Cir.1989); Lav
The opinion
ON SUGGESTION FOR REHEARING EN BANC
Before CLARK, Chief Judge, GEE, RUBIN, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, and SMITH, Circuit Judges.
BY THE COURT:
A member of the Court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that this cause shall be reheard by the Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.