Buddy Nichols, Cross-Appellee v. Mac Sim Butler, Sheriff Don Siegelman, Attorney General of the State of Alabama, Cross-Appellants

FAY, Circuit Judge:

The state appeals the district court’s granting of habeas corpus relief to Buddy Nichols pursuant to 28 U.S.C. § 2254. A panel of this court affirmed, Nichols v. Butler, 917 F.2d 518 (11th Cir.1990), holding that Nichols’ right to testify was violated by his attorney’s threat to withdraw should Nichols insist on testifying, and that this violation was not harmless. Id. at 521. A majority of the judges of this court in regular active service voted that this case be reheard by this court en banc. Nichols v. Butler, 932 F.2d 900 (11th Cir.1991) (on petition for rehearing and…