¶1James M. Doyle, Deputy Chief Counsel, Public Counsel Div., the Com. of Mass., Committee for Public Counsel Services, Boston, MA and Wade W. Herring, II, Savannah, GA, for petitioner-appellant.
¶2Paula Smith, Asst. Atty. Gen., Atlanta, GA, for respondent-appellee.
¶3Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, and CARNES, Circuit Judges.*
¶6A member of this court in active service having requested a poll on the suggestion for reheáring en banc and a majority of the judges of this court in active service having voted in favor of granting a rehearing en banc,
¶7IT IS ORDERED that the above cause shall be reheard by this Court en banc. The *140previous panel’s opinion is hereby VACATED.