eshed in a criminal proceeding. 415 U.S. at 462, 94 S.Ct. at 1217. I respectfully dissent. ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC Before GODBOLD, Chief Judge, and RO- NEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit Judges.