Alexander Michael Roy, 31, was an eighth-grade teacher. He's now a convicted felon, or at least he might be after the Eleventh Circuit makes up its mind on his appeal of a conviction for online enticement of a minor and five counts of child pornography possession.
After Roy was caught in a sting operation, convicted, and sentenced, the Eleventh Circuit reversed his conviction because the trial proceeded for seven minutes while his attorney was late returning from lunch. Though his attorney failed to object, and though the testimony was only tangentially related to the most severe charge -- enticing a minor, which carries up to a life sentence -- the majority of the panel held that his right to counsel at all critical stages of the trial was violated, necessitating an automatic reversal.
Chief Judge Edward Carnes dissented vehemently from the automatic rule, predicting gamesmanship by defense attorneys. Something he said must have been persuasive, it seems, because less than a month after the initial opinion was filed, the court granted an en banc rehearing [PDF].