Carl Ray Songer v. Louie L. Wainwright, Etc., and Richard L. Dugger, Etc.

RONEY, Circuit Judge,

specially concurring:

As a panel member in Songer v. Wainwright, 733 F.2d 788 (11th Cir.1984), I concurred in an order denying the motion asking this Court to withdraw the mandate and stay Songer’s execution pending the en banc consideration of Hitchcock v. Wainwright, 745 F.2d 1332 (11th Cir.1984). Songer v. Wainwright, 755 F.2d 1394 (11th Cir.1985).

I was then and am now of the view that the decision of the Court en banc in Hitchcock will not reach Songer’s argument as made to the Court on this appeal, because he was sentenced prior to Cooper v. State, 336 So.2d 1133…