11th Circuit Case Commentaries

Eleventh Circuit Establishes Time Limits for Indirect §2255 Petitions: Vacatur of Prior State Convictions Not a 'Fact' under AEDPA

Date: Aug 6, 2003

Eleventh Circuit Establishes Time Limits for Indirect §2255 Petitions: Vacatur of Prior State Convictions Not a 'Fact' under AEDPA Introduction The case of Robert Johnson, Jr. v. United States,...

Affirmation of Death Sentence in Turner v. Crosby: Procedural Defaults and Ineffective Assistance of Counsel Examined

Date: Jul 30, 2003

Affirmation of Death Sentence in Turner v. Crosby: Procedural Defaults and Ineffective Assistance of Counsel Examined Introduction Turner v. Crosby, 339 F.3d 1247 (11th Cir. 2003) is a significant...

Eleventh Amendment Immunity in §1983 Excessive Force Cases: Manders v. Lee Establishes New Precedent

Date: Jul 29, 2003

Eleventh Amendment Immunity in §1983 Excessive Force Cases: Manders v. Lee Establishes New Precedent Introduction In the landmark case of Willie Santonio Manders v. Thurman Lee (338 F.3d 1304, 2003),...

Strict Standards for Motions for Reconsideration in Electoral Assistance Cases

Date: Jul 26, 2003

Strict Standards for Motions for Reconsideration in Electoral Assistance Cases Introduction The case of American Association of People with Disabilities et al. v. Glenda E. Hood et al. addresses the...

Admissibility of Uncounseled Statements for Impeachment: McGriff v. Dept. of Corrections

Date: Jul 24, 2003

Admissibility of Uncounseled Statements for Impeachment: McGriff v. Dept. of Corrections Introduction The case of Willie McGriff v. Department of Corrections addresses critical issues surrounding the...

Affirmation of Qualified Immunity in Police Use of Deadly Force During High-Crime Surveillance

Date: Jul 24, 2003

Affirmation of Qualified Immunity in Police Use of Deadly Force During High-Crime Surveillance Introduction In the appellate case Romeo Carr and Cedrick Wymbs v. Joseph Tatangelo et al. (No....

Eleventh Circuit Adopts Brunner Test for Undue Hardship in Student Loan Discharge Cases

Date: Jul 24, 2003

Eleventh Circuit Adopts Brunner Test for Undue Hardship in Student Loan Discharge Cases Introduction In the landmark case In Re: Ronald Jay COX, Debtor, the United States Court of Appeals for the...

Waiver of Motion for Judge Recusal upon Unconditional Guilty Plea: Eleventh Circuit Establishes Precedent

Date: Jul 19, 2003

Unconditional Guilty Plea Constitutes Waiver of Right to Appeal Judge's Denial of Recusal Motion: Eleventh Circuit Establishes Precedent Introduction In the case of UNITED STATES of America v. Frank...

Jurisdiction over Stateless Vessels in International Waters under the Maritime Drug Law Enforcement Act: Analysis of UNITED STATES v. McPhee

Date: Jul 9, 2003

Jurisdiction over Stateless Vessels in International Waters under the Maritime Drug Law Enforcement Act: Analysis of UNITED STATES v. McPhee Introduction The case of UNITED STATES of America v....

Independent Sheriff Status Shields County from § 1983 Liability in Georgia

Date: Jul 8, 2003

Independent Sheriff Status Shields County from § 1983 Liability in Georgia Introduction The case of Brian L. Grech v. Clayton County, Georgia explores the intricacies of municipal liability under 42...

Clark v. Crosby: Reevaluation of Ineffective Assistance of Appellate Counsel and General Verdict Validity under Due Process

Date: Jul 3, 2003

Clark v. Crosby: Reevaluation of Ineffective Assistance of Appellate Counsel and General Verdict Validity under Due Process Introduction Clark v. Crosby, 335 F.3d 1303 (11th Cir. 2003), is a...

Jurisdictional Limits on Reopening Removal Proceedings: The Patel v. U.S. Attorney General Decision

Date: Jun 28, 2003

Jurisdictional Limits on Reopening Removal Proceedings: The Patel v. U.S. Attorney General Decision Introduction The case of Mahendrabhai Bholabhai Patel v. U.S. Attorney General (334 F.3d 1259, 11th...

Establishing Liability of State DCF Employees for Deliberate Indifference to Child Abuse under § 1983: Ke v. Cannon

Date: Jun 27, 2003

Establishing Liability of State DCF Employees for Deliberate Indifference to Child Abuse under § 1983: Ke v. Cannon Introduction The case of Ke v. Cannon, adjudicated by the United States Court of...

Reevaluation of Attorney's Fees in Civil Rights Litigation: Thompson v. Pharmacy Corporation of America

Date: Jun 26, 2003

Reevaluation of Attorney's Fees in Civil Rights Litigation: Thompson v. Pharmacy Corporation of America Introduction Thompson v. Pharmacy Corporation of America, 334 F.3d 1242 (11th Cir. 2003),...

Reaffirmation of Qualified Immunity Standards for Supervisory Officials in Reno v. Dalrymple

Date: Jun 20, 2003

Reaffirmation of Qualified Immunity Standards for Supervisory Officials in Reno v. Dalrymple Introduction The case of Donato Dalrymple, Gregory Paul Allen, et al. vs. Janet Reno adjudicated by the...

Deliberate Indifference in Jail Suicides: Cagle v. Winston County

Date: Jun 19, 2003

Deliberate Indifference in Jail Suicides: Cagle v. Winston County Introduction Cagle v. Winston County is a significant case adjudicated by the United States Court of Appeals for the Eleventh Circuit...

Mandamus Denied in BellSouth Case: Implications for Judicial Recusal and Attorney Selection

Date: Jun 18, 2003

Mandamus Denied in BellSouth Case: Implications for Judicial Recusal and Attorney Selection Introduction The case of In re: BellSouth Corporation, 334 F.3d 941 (11th Cir. 2003), presents a critical...

Affirmation of Wire Fraud and Money Laundering Convictions Under Preponderance of Evidence: A Comprehensive Analysis of US v. Hasson

Date: Jun 13, 2003

Affirmation of Wire Fraud and Money Laundering Convictions Under Preponderance of Evidence: A Comprehensive Analysis of US v. Hasson Introduction In the landmark case United States v. John Robert...

Supplemental Jurisdiction in Class Actions: Overruling Zahn in Allapattah Services, Inc. v. Exxon Corp.

Date: Jun 12, 2003

Supplemental Jurisdiction in Class Actions: Overruling Zahn in Allapattah Services, Inc. v. Exxon Corp. Introduction Allapattah Services, Incorporated, et al. v. Exxon Corporation is a pivotal case...

Affirmation of Reasonable Force and Probable Cause in Arrests – McCormick v. City of Fort Lauderdale

Date: Jun 12, 2003

Affirmation of Reasonable Force and Probable Cause in Arrests – McCormick v. City of Fort Lauderdale Introduction Anthony McCormick, the plaintiff-appellant, initiated a lawsuit against the City of...

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