Reaffirmation of the Eighth Amendment’s Narrow Proportionality Principle in Non-Capital Federal Sentences Introduction This commentary examines the Eleventh Circuit’s decision in United States v....
Strict Exhaustion and Section 3553(a) Review Required for Compassionate Release Motions Introduction In United States v. Jaycee Doak (11th Cir. Nov. 21, 2024), the Eleventh Circuit reaffirmed that a...
Uninsured Motorist Coverage Requirements Under Florida's TNC Act: Progressive Express Insurance Company v. Monasterio Introduction The case of Progressive Express Insurance Company v. Karina...
Reaffirming the Subjective Mens Rea Standard for Dispensing Controlled Substances Under 21 U.S.C. § 841(a)(1) Introduction United States v. Frank Bynes, Jr. is a post-Ruan II remand decision from the...
Exclusion of Pre-Policy Claims under D&O Claims-Made Policies Introduction This commentary examines the Eleventh Circuit’s decision in Certain Underwriters at Lloyds, London v. Anchor Insurance...
Affirmation of Denial of Rule 36 Motion in Criminal History Point Calculation: United States v. Willems Calixte, Jr. Introduction In the case of United States of America v. Willems Calixte, Jr.,...
Eleventh Circuit Upholds Strict AEDPA Standards in Ineffective Assistance of Counsel Claims: Rieber v. Commissioner Introduction Jeffery Day Rieber, the petitioner-appellant, appealed a decision...
Affirmation of Qualified Immunity in Excessive Force Case: H.M. v. Deputy Castoro Introduction The case of H.M., individually and as Guardian for H.S. an Unemancipated Minor, Plaintiff-Appellant, v....
Holistic Approach Affirmed for Assessing Intellectual Disability in Capital Sentencing: Smith v. Alabama Dept. of Corrections Introduction In the landmark case Joseph Clifton Smith,...
Enhancing Prisoners' Disability Rights: Kinard v. Florida Department of Corrections Establishes Critical Precedents in ADA Compliance Introduction In the landmark case of Kinard v. Florida Department...
Separate Acts in Lewd and Lascivious Conduct: Double Jeopardy Implications Affirmed Introduction The case of Jeffrey S. Jordan v. Secretary, Department of Corrections, Attorney General, State of...
Defining 'Off-Highway Transportation Vehicles' for Excise Tax Exemptions: Analysis of Rockwater, Inc. v. United States Introduction Rockwater, Inc., d.b.a. Peerless Manufacturing Company v. United...
Limiting Rule 36 Corrections: Distinguishing Substantive Errors from Clerical Oversights in Criminal History Calculations Introduction United States v. Willems Calixte, Jr. (11th Cir. 2024) addresses...
Qualified Immunity Boundaries in Fourth Amendment Excessive‐Force Claims Involving Active Resistance by Minors Introduction This case—H.M. v. Nicholas Castoro—arose from a 42 U.S.C. § 1983 suit...
Distinct‐Act Doctrine in Florida Lewd or Lascivious Conduct: Separate Offenses Do Not Breach Double Jeopardy Introduction This commentary examines the Eleventh Circuit’s per curiam decision in...
Ensuring Access and Accountability: Deliberate Indifference Threshold and ADA/RA Accommodation Obligations in Prison Health Care Introduction In Roy David Kinard, III v. The Florida Department of...
Holistic Approach to Multiple IQ Scores for Determining Intellectual Disability in Capital Cases 1. Introduction This commentary examines the Eleventh Circuit’s per curiam decision in Joseph Clifton...
Exhaustion of Administrative Remedies as a Mandatory Claim-Processing Rule Under INA § 242(d)(1) Introduction This commentary examines the Eleventh Circuit’s November 13, 2024 decision in Alma...
Exclusion of Inchoate Drug Conspiracy from Career Offender Enhancements under USSG §4B1.2(b) Introduction United States v. Lekey Davis is a decision by the Eleventh Circuit Court of Appeals issued on...
Affirmation of Qualified Immunity in Deadly Force Use by Law Enforcement: Baxter v. Crooms Estate Introduction In the case of Veronica Baxter, as Personal Representative of the Estate of Angelo J....