Wellman v. United States

File — Folder: 3

Identifier: Folder 3

Staff Only

No. 25,849; 414 F.2d 263 (1969) Per Curiam. Opinion of Judge Coleman The panel of Judges Coleman, Jones, and Choate circulated a proposed per curiam affirmance. Judge Wisdom objected to the proposal and suggested an en banc rehearing unless it were revised. The members of the panel adhered to the opinion as written; An en banc rehearing was voted. The opinion then was revised by Judge Coleman. Includes AN of Chief Judge Brown to Judge Wisdom on the proposed per curiam opinion of the panel; TLS of Judge Wisdom on the merits, the opinion, and on reconsideration by the panel as appropriate; TLS of Judge Brown on the Wisdom request; and, TLS of Judge Coleman, TLS of Judge Choate and TLS of Judge Jones on the panel opinion, the merits, and the Wisdom request. Also includes memoranda on the en banc poll, among which, TLS of Chief Judge Brown on en banc polls requested by non-panel members, generally TLS of Judge Coleman, TLS of Judge Wisdom and TLS of Judge Jones on the merits in Wellman in light of Anderson v. Oklahoma, 444 P.2d 239 (Okl.Cr. 1968), cert. den. 393 U.S. 1017 (1969); and, TLS of Judge Coleman on revision of the panel opinion.