Court of Appeals for the Fourth Circuit Cases

Miller v. Cunningham

Larry MILLER; 11th Senatorial District Republican Committee, Plaintiffs-Appellees, v. Jean CUNNINGHAM, in Her Official Capacity as Chairman of the Virginia State Board of Elections; Harold Pyon, in His Official Capacity as Vice-Chairman of the Virginia State Board of Elections; Nancy Rodriques, in Her Official Capacity as Secretary of the Virginia State Board of Elections, Defendants-Appellants. Republican Party of Virginia, Amicus Supporting Appellees; Larry Miller; 11th Senatorial District Republican Committee, Plaintiffs-Appellants, v. Jean Cunningham, in Her Official Capacity as Chairman of the Virginia State Board of Elections; Harold Pyon, in His Official Capacity as Vice-Chairman of the Virginia State Board of Elections; Nancy Rodriques, in Her Official Capacity as Secretary of the Virginia State Board of Elections, Defendants-Appellees. Republican Party of Virginia, Amicus Supporting Appellants

512 F.3d 98, 2007 WL 4555761 • 2007-12-28

Citation512 F.3d 98, 2007 WL 4555761

Date Filed2007-12-28

Docket06-2334, 07-1002

JudgeWilkinson

Cited7 times

StatusPublished

Attorneys

Patrick Michael McSweeney, Jeffrey L. Cimbalo, McSweeney, Crump, Childress & Gould, PC, Paul A. Prados, Wesley Glenn Russell, Jr., Childress, Gould & Russell, PC, Kenneth Thomas Cuecinelli, II, Richmond, VA, Christopher M. Day, Cuecinelli & Day, PLLC, Fairfax, VA, Plaintiffs-Appellants., Frank Snead Ferguson, William Cleveland Mims, Robert Francis McDonnell, Attorney General, James Van Ingold, Maureen Riley Matsen, William Eugene Thro, Stephen R. McCullough, Assistant Attorney General, Jacob Jasen Eige, Office of the Attorney General of Virginia, Richmond, VA, for Defendants-Appellants.

Full Opinion (html_with_citations)

ORDER

Appellants/cross-appellees filed a petition for rehearing and rehearing en banc. Appellees/cross-appellants filed a response in opposition to the petition. A member of the Court requested a poll on the petition for rehearing en banc. The poll failed to produce a majority of the judges in active service in favor of rehearing en banc. Judges Wilkinson and Shedd voted to grant rehearing en banc. Chief Judge Williams and Judges Niemeyer, Michael, *99Motz, Traxler, King, and Duncan voted to deny rehearing en banc. Judge Gregory did not participate in any consideration of this case.

The Court denies the petition for rehearing and rehearing en banc. Judge Wilkinson filed an opinion dissenting from the denial of rehearing en banc.

Entered at the direction of Senior Judge Wilkins for the Court.