11th Circuit Case Commentaries

Ineffective Assistance of Counsel in Death Penalty Sentencing: The Blankenship Precedent

Date: Sep 16, 2008

Ineffective Assistance of Counsel in Death Penalty Sentencing: The Blankenship Precedent Introduction The case of Roy Willard Blankenship v. Hilton Hall serves as a pivotal judicial examination of...

Impact of Amendment 706 on Career Offenders: Analyzing UNITED STATES v. Moore et al.

Date: Sep 6, 2008

Impact of Amendment 706 on Career Offenders: Analyzing UNITED STATES v. Moore et al. Introduction The case UNITED STATES of America v. Gary Moore, a.k.a. Nino, et al. involves a consolidated appeal...

Comprehensive Commentary on POWELL v. BARRETT: Upholding Blanket Strip Search Policies in Detention Facilities

Date: Sep 5, 2008

Upholding Blanket Strip Search Policies in Detention Facilities: An Analysis of POWELL v. BARRETT Introduction The case of C. Alan POWELL, indi v. dually, and on behalf of all others similarly...

Limitation of 'Class of One' Equal Protection Claims in Government-Contractor Context: Insights from Spivey v. GDOT

Date: Sep 3, 2008

Limitation of 'Class of One' Equal Protection Claims in Government-Contractor Context: Insights from Spivey v. GDOT Introduction In Douglas Asphalt Co., Joel H. Spivey v. QORE, Inc., Applied...

Eleventh Circuit Limits Overbroad Injunctions on IFP Filings in Prison Litigation: Miller v. Commissioner

Date: Aug 30, 2008

Eleventh Circuit Limits Overbroad Injunctions on IFP Filings in Prison Litigation: Miller v. Commissioner Introduction In Tracy Anthony Miller v. Commissioner James Donald, the United States Court of...

Affirmation of Sentence Appeal Waivers: Impact on Timely Restitution Orders in Federal Sentencing

Date: Aug 29, 2008

Affirmation of Sentence Appeal Waivers: Impact on Timely Restitution Orders in Federal Sentencing Introduction The case of UNITED STATES of America v. Marcus Aurelius Johnson (541 F.3d 1064) presents...

Availability of Administrative Remedies Under PLRA When Facing Retaliatory Threats: Turner v. Burnsides

Date: Aug 29, 2008

Availability of Administrative Remedies Under PLRA When Facing Retaliatory Threats: Turner v. Burnsides Introduction In Turner v. Burnside, 541 F.3d 1077 (11th Cir. 2008), the United States Court of...

Third-Party Consent and Firearm Possession in Drug Trafficking: Analysis of U.S. v. Billy R. Mercer, Jr.

Date: Aug 29, 2008

Third-Party Consent and Firearm Possession in Drug Trafficking: Analysis of U.S. v. Billy R. Mercer, Jr. Introduction United States v. Billy R. Mercer, Jr. is a pivotal case adjudicated by the United...

Establishing Supervisory Liability for Excessive Force and Deliberate Indifference: Ke v. Danley

Date: Aug 23, 2008

Establishing Supervisory Liability for Excessive Force and Deliberate Indifference: Ke v. Danley Introduction In the landmark case Ke v. Danley, the United States Court of Appeals for the Eleventh...

Pollution Exclusion Upholding in Professional Liability Insurance: James River Insurance Co. v. Ground Down Engineering, Inc.

Date: Aug 21, 2008

Pollution Exclusion Upholding in Professional Liability Insurance: James River Insurance Co. v. Ground Down Engineering, Inc. Introduction The appellate case James River Insurance Company v. Ground...

Involuntary Waiver of Counsel: United States v. Garey Establishes New Precedent

Date: Aug 21, 2008

Involuntary Waiver of Counsel: United States v. Garey Establishes New Precedent Introduction The case of United States of America v. Eddie Milton Garey, Jr., 540 F.3d 1253 (11th Cir. 2008), addresses...

11th Circuit Affirms Voluntary Waiver of Counsel: Understanding Conduct-Based Waivers in Sixth Amendment Cases

Date: Aug 21, 2008

11th Circuit Affirms Voluntary Waiver of Counsel: Understanding Conduct-Based Waivers in Sixth Amendment Cases Introduction Melvin C. Jones was convicted of felony murder and cruelty to a child in...

Preserving Sentencing Consistency: Vega-Castillo and the Upholding of Fast-Track Precedents

Date: Aug 20, 2008

Preserving Sentencing Consistency: Vega-Castillo and the Upholding of Fast-Track Precedents Introduction The case of United States of America v. Victor Gonzalo Vega-Castillo, 540 F.3d 1235 (11th Cir....

Limits of Equitable Tolling: Attorney Negligence Insufficient in Habeas Corpus Petitions – Holland v. Florida

Date: Aug 19, 2008

Limits of Equitable Tolling: Attorney Negligence Insufficient in Habeas Corpus Petitions – Holland v. Florida Introduction Albert Holland, Jr. v. State of Florida, 539 F.3d 1334 (11th Cir. 2008), is...

Postconfirmation Assets in Chapter 13 Bankruptcy: Upholding Estate Property and Disclosure Requirements

Date: Aug 5, 2008

Postconfirmation Assets in Chapter 13 Bankruptcy: Upholding Estate Property and Disclosure Requirements Introduction The case of In re: Michael WALDRON, Barbara A. Waldron, Debtors versus Sylvia Ford...

Freeman v. Attorney General: Upholding the Presumption Against Racial Bias in Death Penalty Sentencing

Date: Aug 1, 2008

Freeman v. Attorney General: Upholding the Presumption Against Racial Bias in Death Penalty Sentencing Introduction In the landmark case John D. Freeman v. Attorney General, decided by the United...

Reclassification of ERISA Claims: Benefits Versus Damages in Breach of Fiduciary Duty

Date: Aug 1, 2008

Reclassification of ERISA Claims: Benefits Versus Damages in Breach of Fiduciary Duty Introduction The case Raymond A. Lanfear et al. v. Home Depot, Inc. et al. (536 F.3d 1217) adjudicated by the...

Exigent Circumstances and Warrantless Searches in Civil Forfeiture: Braddy v. United States

Date: Aug 1, 2008

Exigent Circumstances and Warrantless Searches in Civil Forfeiture: Braddy v. United States Introduction Braddy v. United States is a pivotal case adjudicated by the United States Court of Appeals...

Eleventh Circuit Clarifies Retaliation and Discrimination Standards under Title VII and §1981 in Al v. Butler

Date: Jul 31, 2008

Eleventh Circuit Clarifies Retaliation and Discrimination Standards under Title VII and §1981 in Al v. Butler Introduction In the landmark case Alverene D. Butler v. Alabama Department of...

Last-Served Defendant Rule Affirmed in Bailey v. Janssen Pharmaceutics Inc.

Date: Jul 30, 2008

Last-Served Defendant Rule Affirmed in Bailey v. Janssen Pharmaceutics Inc. Introduction The case of Lori Jo Bailey, as the Personal Representative of the Estate of Chad Beal v. Janssen Pharmaceutics...