11th Circuit Case Commentaries

High Threshold for Certificate of Appealability Reinforced in Lamarca v. Secretary, Department of Corrections

Date: May 20, 2009

High Threshold for Certificate of Appealability Reinforced in Lamarca v. Secretary, Department of Corrections Introduction In Anthony Lamarca v. Secretary, Department of Corrections, Attorney General...

Reaffirming Procedural Defects and AEDPA Standards in Habeas Review: Owen v. Secretary for the Department of Corrections

Date: May 19, 2009

Reaffirming Procedural Defects and AEDPA Standards in Habeas Review: Owen v. Secretary for the Department of Corrections 1. Introduction The case of Duane E. Owen v. Secretary for the Department of...

Carrier Corporation v. Dennis J. Buckley: Establishing Precedents in Bankruptcy Preference Avoidance

Date: May 12, 2009

Carrier Corporation v. Dennis J. Buckley: Establishing Precedents in Bankruptcy Preference Avoidance Introduction The case of In Re: Globe Manufacturing Corp., d.b.a. Globe Elastics Co., Inc.,...

Eleventh Circuit Establishes Requirement for Numerical Triggers in Incidental Take Statements Under the Endangered Species Act

Date: May 6, 2009

Eleventh Circuit Establishes Requirement for Numerical Triggers in Incidental Take Statements Under the Endangered Species Act Introduction The case of Miccosukee Tribe of Indians of Florida v....

Defendant Granted Partial Taxation of Costs Under 28 U.S.C. §1920: A Comprehensive Analysis of Monelus v. Tocodrian, Inc.

Date: Apr 24, 2009

Defendant Granted Partial Taxation of Costs Under 28 U.S.C. §1920: A Comprehensive Analysis of Monelus v. Tocodrian, Inc. Introduction The case of Cesar Monelus, et al. v. Tocodrian, Inc. d/b/a Sun...

Magistrate Judges' Authority in Denying Self-Representation Requests: An Analysis of U.S. v. Schultz

Date: Apr 23, 2009

Magistrate Judges' Authority in Denying Self-Representation Requests: An Analysis of United States v. Schultz Introduction The case of United States of America v. Gregory G. Schultz (565 F.3d 1353,...

Mitchell v. United States: Establishing the Reasonableness Standard for Search Warrant Delays

Date: Apr 23, 2009

Mitchell v. United States: Establishing the Reasonableness Standard for Search Warrant Delays Introduction United States of America v. Peter J. Mitchell is a pivotal case adjudicated by the United...

Admissibility of Foreign Wiretap Evidence: United States v. Emmanuel

Date: Apr 22, 2009

Admissibility of Foreign Wiretap Evidence: United States v. Emmanuel Introduction The case of United States of America v. Shervin Emmanuel (565 F.3d 1324) adjudicated by the United States Court of...

United States v. Lopez-Garcia: Upholding the Admissibility of Immigration Statements and Federal Sentencing Enhancements Based on Prior State Firearms Conviction

Date: Apr 22, 2009

United States v. Lopez-Garcia: Upholding the Admissibility of Immigration Statements and Federal Sentencing Enhancements Based on Prior State Firearms Conviction Introduction In the case of United...

No Batson Violation in Racial Jury Selection: Comprehensive Analysis of Parker v. Allen

Date: Apr 21, 2009

No Batson Violation in Racial Jury Selection: Comprehensive Analysis of Parker v. Allen Introduction The case of John Forrest Parker, Petitioner-Appellant, v. Richard F. Allen, Commissioner, Alabama...

Enhancements in Sentencing: United States v. Beckles and the Scope of §4B1.1

Date: Apr 18, 2009

Enhancements in Sentencing: United States v. Beckles and the Scope of §4B1.1 Introduction In the landmark case of United States of America v. Travis Beckles, adjudicated by the United States Court of...

Strict Limits on Actual Innocence Claims in Successive Habeas Petitions Under AEDPA: In re Troy Davis

Date: Apr 17, 2009

Strict Limits on Actual Innocence Claims in Successive Habeas Petitions Under AEDPA: In re Troy Davis Introduction The case of In re: Troy Anthony Davis (565 F.3d 810) adjudicated by the United...

Affirmation of Summary Judgment in FCRA §1681e(b) Claims: Ray v. Equifax and MBNA

Date: Apr 14, 2009

Affirmation of Summary Judgment in FCRA §1681e(b) Claims: Ray v. Equifax and MBNA Introduction The case of Michael R. Ray vs. Equifax Information Services, LLC and MBNA America Bank, N.A. centers...

Affirmation of Denial of §3582(c)(2) Motion Under Amendment 706: Analyzing Rights and Sentencing Guidelines

Date: Apr 14, 2009

Affirmation of Denial of §3582(c)(2) Motion Under Amendment 706: Analyzing Rights and Sentencing Guidelines Introduction The case of United States of America v. Andrew Webb, 565 F.3d 789 (11th Cir....

Eleventh Circuit Upholds FCRA's Statutory Damages Provision Against Vagueness and Excessiveness Claims

Date: Apr 10, 2009

Eleventh Circuit Upholds FCRA's Statutory Damages Provision Against Vagueness and Excessiveness Claims Introduction In the landmark case of Harris v. Mexican Specialty Foods, Inc., the United States...

Non-Jurisdictional Nature of Filing Deadlines under Federal Rule of Appellate Procedure 4(b) in Criminal Cases: Analysis of Lopez v. United States

Date: Apr 9, 2009

Non-Jurisdictional Nature of Filing Deadlines under Federal Rule of Appellate Procedure 4(b) in Criminal Cases: Analysis of Lopez v. United States Introduction In United States v. Lopez, 562 F.3d...

Enhanced Scrutiny in Class Action Certification: Insights from Vega v. T-Mobile USA, Inc.

Date: Apr 8, 2009

Enhanced Scrutiny in Class Action Certification: Insights from Vega v. T-Mobile USA, Inc. Introduction The case of Henry Vega, individually and as representative of all others similarly situated v....

Affirmation of Marijuana Conspiracy Conviction in Jiminez v. United States: Legal Reasoning and Implications

Date: Apr 8, 2009

Affirmation of Marijuana Conspiracy Conviction in Jiminez v. United States: Legal Reasoning and Implications Introduction In the case of United States of America v. Jesus Jiminez, decided by the...

Res Judicata Upholds State Court Decisions in Jefferson County Retirement System Litigation

Date: Apr 1, 2009

Res Judicata Upholds State Court Decisions in Jefferson County Retirement System Litigation Introduction The case of Steven Green et al. v. Jefferson County Commission et al. (563 F.3d 1243, United...

Expansion of Personal Jurisdiction in Civil Conspiracy Cases: AXA Equitable Life Insurance Co. v. Infinity Financial Group, LLC

Date: Apr 1, 2009

Expansion of Personal Jurisdiction in Civil Conspiracy Cases: Insights from AXA Equitable Life Insurance Co. v. Infinity Financial Group, LLC Introduction The case of AXA Equitable Life Insurance...