11th Circuit Case Commentaries

A Comprehensive Commentary on United States v. Lopez: Broad Interpretation of "Encourage" under 8 U.S.C. §1324(a)

Date: Dec 23, 2009

Affirmation of Broad Interpretation of "Encourage" under 8 U.S.C. §1324(a) Introduction United States of America v. Jose Lopez is a pivotal case adjudicated by the United States Court of Appeals for...

Defining 'Agent' under 18 U.S.C. § 666: Insights from United States v. Langston

Date: Dec 23, 2009

Defining 'Agent' under 18 U.S.C. § 666: Insights from United States v. Langston Introduction In the landmark case of United States v. William Luther Langston, the United States Court of Appeals for...

Affirming Effective Assistance of Counsel When Client Refuses Mitigation Evidence: Cummings v. McNeil

Date: Dec 5, 2009

Affirming Effective Assistance of Counsel When Client Refuses Mitigation Evidence: Cummings v. McNeil Introduction Cummings v. McNeil (588 F.3d 1331, 11th Cir. 2009) is a pivotal case addressing the...

Enhancing Pleading Standards for Qui Tam Actions under the False Claims Act: Hopper v. Solvay Pharmaceuticals

Date: Dec 5, 2009

Enhancing Pleading Standards for Qui Tam Actions under the False Claims Act: Hopper v. Solvay Pharmaceuticals Introduction The case James Hopper and Colin Hutto v. Solvay Pharmaceuticals, Inc.,...

Affirmation of Qualified Immunity and Causation Standards in §1983 Claims: Fairbanks v. Whitfield County

Date: Dec 3, 2009

Affirmation of Qualified Immunity and Causation Standards in §1983 Claims: Fairbanks v. Whitfield County Introduction The case of Fairbanks v. Whitfield County presents a pivotal examination of...

Standards for Residual Functional Capacity and Credibility Evaluations in SSI Claims: Insights from Castel v. Commissioner of Social Security

Date: Dec 1, 2009

Standards for Residual Functional Capacity and Credibility Evaluations in SSI Claims: Insights from Castel v. Commissioner of Social Security Introduction In the realm of Social Security Disability...

Equitable Tolling in Habeas Corpus Petitions: Insights from Hunter v. Ferrell

Date: Nov 19, 2009

Equitable Tolling in Habeas Corpus Petitions: Insights from Hunter v. Ferrell Introduction John Henry Hunter v. Jerry Ferrell, Attorney General of Alabama is a pivotal case decided by the United...

Limits of Prosecutorial Absolute Immunity: No Protection for Media Statements - Eleventh Circuit

Date: Nov 18, 2009

Limits of Prosecutorial Absolute Immunity: No Protection for Media Statements - Eleventh Circuit Introduction The case of Woodson R. Hart v. Kenneth B. Hodges, III et al. represents a pivotal moment...

Affirmation of Death Sentence in Hammond v. Hall: Cumulative Materiality of Brady Claims and Effective Assistance of Counsel Upheld

Date: Nov 5, 2009

Affirmation of Death Sentence in Hammond v. Hall: Cumulative Materiality of Brady Claims and Effective Assistance of Counsel Upheld Introduction In the landmark case of Emanuel Fitzgerald Hammond v....

Eleventh Circuit Upholds Convictions in Hydroponic Marijuana Grow House Burglaries While Revising Sentences Under Three-Strikes Law

Date: Oct 31, 2009

Eleventh Circuit Upholds Convictions in Hydroponic Marijuana Grow House Burglaries While Revising Sentences Under Three-Strikes Law Introduction In UNITED STATES of America v. Antonio Sanchez,...

Limits of Qualified Immunity in Excessive Force Cases: The Eleventh Circuit's Ruling in Oliver v. Fiorino and Burk

Date: Oct 27, 2009

Limits of Qualified Immunity in Excessive Force Cases: The Eleventh Circuit's Ruling in Oliver v. Fiorino and Burk Introduction The case of Amy Shirley Oliver, as Personal Representative of the...

Affirmation of Denied Severance: Establishing Strict Standards for Severance Motions under Federal Rule of Criminal Procedure 14

Date: Oct 17, 2009

Affirmation of Denied Severance: Establishing Strict Standards for Severance Motions under Federal Rule of Criminal Procedure 14 Introduction In the case of United States of America v. Rogelio Galvan...

Eleventh Circuit Establishes Limits on Bona Fide Error Defense Under FDCPA

Date: Oct 15, 2009

Eleventh Circuit Establishes Limits on Bona Fide Error Defense Under FDCPA Introduction In the landmark case of Brenda Edwards v. Niagara Credit Solutions, Inc., 584 F.3d 1350 (11th Cir. 2009), the...

Eleventh Circuit Upholds Forum Non Conveniens under the Montreal Convention in Wrongful Death Claims

Date: Oct 9, 2009

Eleventh Circuit Upholds Forum Non Conveniens under the Montreal Convention in Wrongful Death Claims Introduction The case of Annick Joelle Pierre-Louis et al. v. Newvac Corporation et al. revolves...

Leadership Role Enhancement in Drug Conspiracy Sentencing: United States v. Martinez

Date: Oct 6, 2009

Leadership Role Enhancement in Drug Conspiracy Sentencing: United States v. Martinez Introduction The case of United States of America v. Hector Martinez, decided by the United States Court of...

Eleventh Circuit Establishes Supervision Liability in §1983 Claims for Excessive Bail and Due Process Violations

Date: Oct 1, 2009

Eleventh Circuit Establishes Supervision Liability in §1983 Claims for Excessive Bail and Due Process Violations Introduction The case of Randy Campbell v. Sheriff R. Johnson (586 F.3d 835) presents...

Reliance on U.S. Marshal for Service in Forma Pauperis Cases: Kel v. RANCE

Date: Sep 29, 2009

Reliance on U.S. Marshal for Service in Forma Pauperis Cases: Kel v. RANCE Introduction Kelvin RANCE, an individual proceeding in forma pauperis (without payment of court fees), filed a complaint...

Effective Assistance of Counsel in Capital Penalty Phase: Rhode v. Hall

Date: Sep 18, 2009

Effective Assistance of Counsel in Capital Penalty Phase: Rhode v. Hall Introduction Brandon Rhode v. Hilton Hall, 582 F.3d 1273 (11th Cir. 2009), presents a critical examination of ineffective...

Unauthorized Access and Use of Criminal Databases: The Jordan v. United States Case

Date: Sep 12, 2009

Unauthorized Access and Use of Criminal Databases: The Jordan v. United States Case Introduction The case of United States of America v. Albert Jordan and Jimmy Woodward (582 F.3d 1239) is a...

Eleventh Circuit Clarifies Standards for Sanctions under 28 U.S.C. § 1915(e) in Inmate Civil Rights Litigation

Date: Sep 11, 2009

Eleventh Circuit Clarifies Standards for Sanctions under 28 U.S.C. § 1915(e) in Inmate Civil Rights Litigation Introduction Danny Williams v. Billy Brown is a pivotal case adjudicated by the United...