Joe Billy Toles v. Mr. C.E. Jones (Warden) and the Attorney General of the State of Alabama

951 F.2d 1200, 1992 U.S. App. LEXIS 916, 1992 WL 2229

Opinions

PER CURIAM:

After this case was argued to the en banc court, the Supreme Court decided Coleman v. Thompson, — U.S. —, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991), holding that ineffective assistance of counsel in state collateral review proceedings could not constitute “cause” excusing a procedural default.

The issue that justified consideration of this case by the entire court has now been decided by the Supreme Court. The other issues in the case, while important to the litigants, are not issues of a kind justifying consideration by the court en banc. See 11th Cir.R. 35-3. It is, therefore,

ORDERED that the order that this case be reheard en banc, 905 F.2d 346, is RESCINDED and the panel opinion, 888 F.2d 95, is REINSTATED.