concurring:
I fully concur in the judgment of the court affirming the district court in this case. We have done more than that. We use this case as a means of publishing a method of evaluating whether or not the ends of justice require consideration of claims constituting an abuse of the writ. Our discourse on that subject is contrary to the assertions of the state, but the state is the appellee and our judgment affirming makes it highly unlikely that the state will ask the Supreme Court to review our elaboration of the ends of justice analysis.
I shall not unsay anything that I have said on this subject in Gunn v. Newsome, 881 F.2d 949, 965 passim (11th Cir.1989) (Hill, J. dissenting) and Moore v. Kemp, 824 F.2d 847, 877 passim (11th Cir.1987) (Hill, J. dissenting). However, my views were in dissent and our court has not accepted those views. The law of this circuit which binds me is made by the court. Whether or not I agree adds nothing to the law. Having set forth my views, the judicial function is not properly performed by my repeating myself like a broken record or words and sentences called up on a word processor!
I concur.