11th Circuit Case Commentaries

Establishing Due Process Protections for Pretrial Detainees: Jacoby v. Baldwin County Sheriff

Date: Aug 30, 2016

Establishing Due Process Protections for Pretrial Detainees: Jacoby v. Baldwin County Sheriff Introduction In Jacoby v. Baldwin County Sheriff Mack et al., the United States Court of Appeals for the...

Deliberate Indifference in Prison Conditions: Lane v. Philbin et al.

Date: Aug 27, 2016

Deliberate Indifference in Prison Conditions: Lane v. Philbin et al. Introduction Lane v. Philbin et al., 835 F.3d 1302 (11th Cir. 2016) marks a significant judicial examination of the constitutional...

Affirmation of Denied Habeas Relief in Jones v. Secretary, FDOC: Implications for Ineffective Assistance Claims

Date: Aug 26, 2016

Affirmation of Denied Habeas Relief in Jones v. Secretary, FDOC: Implications for Ineffective Assistance Claims Introduction In the case of Harry Jones, Petitioner–Appellant v. Secretary, Florida...

Affirmation of Denied Habeas Relief in Capital Case: Assessing Counsel's Effectiveness and Intellectual Disability under Strickland and Atkins

Date: Aug 26, 2016

Affirmation of Denied Habeas Relief in Capital Case: Assessing Counsel's Effectiveness and Intellectual Disability under Strickland and Atkins Introduction In the appellate case of Keith Tharpe v....

Affirmation of Dual Conspiracy Convictions: Distinguishing 18 U.S.C. §§371 and 1349 in Healthcare Fraud Cases

Date: Aug 24, 2016

Affirmation of Dual Conspiracy Convictions: Distinguishing 18 U.S.C. §§371 and 1349 in Healthcare Fraud Cases Introduction In the case of United States of America v. Carmen Gonzalez (834 F.3d 1206,...

Civil Writs of Bodily Attachment Constitute Valid Warrants under the Fourth Amendment

Date: Aug 24, 2016

Civil Writs of Bodily Attachment Constitute Valid Warrants under the Fourth Amendment Introduction The case of United States of America v. Ted Phillips (834 F.3d 1176) addresses a pivotal question...

Enhanced Due Process Standards for Mail Screening in Detention Facilities: Analysis of Waseem Daker v. Neil Warren

Date: Aug 23, 2016

Enhanced Due Process Standards for Mail Screening in Detention Facilities: Analysis of Waseem Daker v. Neil Warren Introduction The case of Waseem Daker v. Neil Warren, Sheriff of Cobb County,...

Limits on Tolling of Statutes of Repose in Securities Litigation: Dusek v. Jpmorgan Chase & Co.

Date: Aug 11, 2016

Limits on Tolling of Statutes of Repose in Securities Litigation: Dusek v. Jpmorgan Chase & Co. Introduction Dusek v. Jpmorgan Chase & Co., 832 F.3d 1243 (11th Cir. 2016), is a pivotal case...

Eleventh Circuit Establishes Criteria for Successive §2255 Motions Post-Johnson Decision

Date: Aug 3, 2016

Eleventh Circuit Establishes Criteria for Successive §2255 Motions Post-Johnson Decision Introduction In the landmark case In re: Devon Chance (831 F.3d 1335), the United States Court of Appeals for...

FDCPA and FCCPA Exclusions: Debt Arising from Tortious Conduct Not Covered

Date: Jul 29, 2016

FDCPA and FCCPA Exclusions: Debt Arising from Tortious Conduct Not Covered Introduction The case of Andrew Parham v. Seattle Service Bureau, Inc. revolves around the applicability of the Fair Debt...

Establishing Grounds for Successive §2255 Motions Post-Johnson: Insights from In re: Jasper Moore

Date: Jul 28, 2016

Establishing Grounds for Successive §2255 Motions Post-Johnson: Insights from In re: Jasper Moore Introduction The case of In re: Jasper Moore, adjudicated by the United States Court of Appeals for...

Reaffirming Strickland: 11th Circuit Upholds State Court’s Decision on Ineffective Assistance of Counsel in Nejad Case

Date: Jul 28, 2016

Reaffirming Strickland: 11th Circuit Upholds State Court’s Decision on Ineffective Assistance of Counsel in Nejad Case Introduction The case of Ali Nejad v. Attorney General, State of Georgia, 830...

Balancing Likelihood of Confusion Factors in Trademark Disputes: FIU v. FNU (11th Cir. 2016)

Date: Jul 27, 2016

Balancing Likelihood of Confusion Factors in Trademark Disputes: FIU v. FNU (11th Cir. 2016) Introduction The case of Florida International University Board of Trustees, Plaintiff–Appellant, v....

Affirmation of Ineffective Assistance of Counsel Claim Denial under Strickland Standards

Date: Jul 13, 2016

Affirmation of Ineffective Assistance of Counsel Claim Denial under Strickland Standards Introduction The case of Johnny L. Marshall v. Secretary, Florida Department of Corrections, Attorney General,...

11th Circuit Clarifies FDCPA Applicability: Debt Must Be in Default at Collection Initiation

Date: Jul 7, 2016

11th Circuit Clarifies FDCPA Applicability: Debt Must Be in Default at Collection Initiation Introduction In the landmark case Mahala A. Church v. Accretive Health, Inc., the United States Court of...

Burden of Proof in Enforcing Arbitration Clauses: Bazemore v. Jefferson Capital Systems

Date: Jul 6, 2016

Burden of Proof in Enforcing Arbitration Clauses: Bazemore v. Jefferson Capital Systems Introduction In the landmark case of Christina Bazemore v. Jefferson Capital Systems, LLC, the United States...

State Waiver of Exhaustion Requirement in Federal Habeas Corpus Petitions: Vazquez v. Secretary, Florida Department of Corrections

Date: Jul 2, 2016

State Waiver of Exhaustion Requirement in Federal Habeas Corpus Petitions: Vazquez v. Secretary, Florida Department of Corrections Introduction Maiker Vazquez v. Secretary, Florida Department of...

Affirmation of AEDPA Standards in Ineffective Assistance of Counsel Claims: Raleigh v. Secretary of Florida Department of Corrections

Date: Jul 1, 2016

Affirmation of AEDPA Standards in Ineffective Assistance of Counsel Claims: Raleigh v. Secretary of Florida Department of Corrections Introduction In the landmark case of Bobby A. Raleigh v....

Affirmation of Life Term Supervised Release for Violations of Sex Offender Registration: United States v. Trailer

Date: Jul 1, 2016

Affirmation of Life Term Supervised Release for Violations of Sex Offender Registration: United States v. Trailer Introduction The case United States of America v. William Elijah Trailer, adjudicated...

Affirmation of Summary Judgment in Bivens Action: Eleventh Circuit Clarifies Excessive Force and Qualified Immunity Standards for Federal Prison Officials

Date: Jun 28, 2016

Affirmation of Summary Judgment in Bivens Action: Eleventh Circuit Clarifies Excessive Force and Qualified Immunity Standards for Federal Prison Officials Introduction In the case of Stephen G. Burke...