11th Circuit Case Commentaries

Enforceability of Appeal Waivers in Plea Agreements: United States v. Bascomb

Date: Jun 15, 2006

Enforceability of Appeal Waivers in Plea Agreements: United States v. Bascomb United States Court of Appeals, Eleventh Circuit Date: June 14, 2006 1. Introduction United States of America v. Bennie...

Defining Persecution and Well-Founded Fear in Asylum Claims: Analysis of Zheng v. U.S. Attorney General

Date: Jun 15, 2006

Defining Persecution and Well-Founded Fear in Asylum Claims: Analysis of Zheng v. U.S. Attorney General Introduction The case of Yi Feng Zheng v. U.S. Attorney General, decided by the United States...

Eleventh Circuit Establishes Strict Standing Requirements for Overbreadth Challenges to Municipal Ordinances: CAMP v. City of Atlanta

Date: Jun 14, 2006

Eleventh Circuit Establishes Strict Standing Requirements for Overbreadth Challenges to Municipal Ordinances: CAMP v. City of Atlanta Introduction In the case of CAMP Legal Defense Fund, Inc. v. City...

Enhancing Sentencing Standards: United States v. Dowd Establishes Precedence in Armed Career Criminal Act Enforcement

Date: Jun 14, 2006

Enhancing Sentencing Standards: United States v. Dowd Establishes Precedence in Armed Career Criminal Act Enforcement Introduction United States v. Robert Earl Dowd is a landmark case adjudicated by...

Eleventh Circuit Affirms 140-Year Sentence for Child Pornography Offenses: Eighth Amendment Compliance Confirmed

Date: Jun 14, 2006

Eleventh Circuit Affirms 140-Year Sentence for Child Pornography Offenses: Eighth Amendment Compliance Confirmed Introduction In the case of United States of America v. Michael Johnson (451 F.3d...

Bankruptcy Discharge and Fiduciary Duty: Insights from In Re: Luis Fernandez-Rocha, MD

Date: Jun 13, 2006

Bankruptcy Discharge and Fiduciary Duty: Insights from In Re: Luis Fernandez-Rocha, MD Introduction The case In Re: Luis Fernandez-Rocha, MD, Debtor pertains to the bankruptcy proceedings of Dr. Luis...

Tanner Advertising Group v. Fayette County: Establishing Limits on Overbreadth Doctrine Challenges

Date: Jun 10, 2006

Tanner Advertising Group v. Fayette County: Establishing Limits on Overbreadth Doctrine Challenges Introduction The case of Tanner Advertising Group, LLC v. Fayette County, Georgia (451 F.3d 777)...

Eleventh Circuit Clarifies Probable Cause Standards in False Arrest and Excessive Force Claims

Date: Jun 8, 2006

Eleventh Circuit Clarifies Probable Cause Standards in False Arrest and Excessive Force Claims Introduction The case of Donovan George Davis and Diana Elise Davis v. Sheriff Phillip B. Williams et...

Enhancing National Security through Sentencing: Analysis of United States v. Valnor

Date: Jun 7, 2006

Enhancing National Security through Sentencing: Analysis of United States v. Valnor Introduction United States of America v. Lesmarge Valnor, 451 F.3d 744 (11th Cir. 2006) is a pivotal case...

Preserving Prejudice Requirement in Structural Error Claims: Insights from Purvis v. Crosby (11th Cir. 2006)

Date: Jun 7, 2006

Preserving Prejudice Requirement in Structural Error Claims: Insights from Purvis v. Crosby (11th Cir. 2006) Introduction Jessie Earl Purvis v. James Crosby is a landmark case decided by the United...

Maytag Corporation v. Miedema: Upholding Traditional Burden of Jurisdiction under CAFA

Date: Jun 6, 2006

Maytag Corporation v. Miedema: Upholding Traditional Burden of Jurisdiction under CAFA Introduction In the landmark case of Leslie Miedema v. Maytag Corporation, the United States Court of Appeals...

Corporate Standing in §1983 Claims and RLUIPA Equal Terms: The 11th Circuit's Decision in Primera Iglesia Bautista Hispana v. Broward County

Date: Jun 2, 2006

Corporate Standing in §1983 Claims and RLUIPA Equal Terms: The 11th Circuit's Decision in Primera Iglesia Bautista Hispana v. Broward County Introduction The case of PRIMERA IGLESIA BAUTISTA HISPANA...

Forfeiture Phase Rights Affirmed in United States v. Arbolaez

Date: Jun 2, 2006

Forfeiture Phase Rights Affirmed in United States v. Arbolaez Introduction In the landmark case of United States of America v. Elio Jesus Arbolaez, adjudicated by the United States Court of Appeals...

Stored Communications Act and Public Accessibility: Eleventh Circuit's Ruling in Snow v. DirecTV

Date: Jun 2, 2006

Stored Communications Act and Public Accessibility: Eleventh Circuit's Ruling in Snow v. DirecTV Introduction In the landmark case of Michael Snow v. DirecTV, Inc., decided by the United States Court...

First Amendment Limitations on Law Enforcement Officers' Off-Duty Conduct: Insights from Thaeter v. Palm Beach County Sheriff's Office

Date: May 27, 2006

First Amendment Limitations on Law Enforcement Officers' Off-Duty Conduct: Insights from Thaeter v. Palm Beach County Sheriff's Office Introduction Ronald Thaeter and Timothy Moran, both deputy...

Local Controversy Exception Under CAFA: Eleventh Circuit's Decision in EVANS v. Duals

Date: May 23, 2006

Local Controversy Exception Under CAFA: Eleventh Circuit's Decision in EVANS v. Duals Introduction The case of Isaiah Evans et al. v. Duals on behalf of themselves and a class of similarly situated...

Affirmation of Aircraft Piracy Convictions in United States v. Alvenis Arias-Izquierdo Establishes Precedent on Aiding and Abetting

Date: May 23, 2006

Affirmation of Aircraft Piracy Convictions in United States v. Alvenis Arias-Izquierdo Establishes Precedent on Aiding and Abetting Introduction The case of United States of America v. Alvenis...

Supervised Release and Classification of Criminal Contempt: Insights from United States v. Love

Date: May 19, 2006

Supervised Release and Classification of Criminal Contempt: Insights from United States v. Love Introduction United States v. Christopher Love, 449 F.3d 1154 (11th Cir. 2006), is a pivotal case...

Establishing Burden of Proof for Withdrawing Guilty Pleas Based on Incompetency: United States v. Izquierdo

Date: May 11, 2006

Establishing Burden of Proof for Withdrawing Guilty Pleas Based on Incompetency: United States v. Izquierdo Introduction United States of America, Plaintiff-Appellee, v. Javier Izquierdo is a pivotal...

Affirmation of Dismissal in Thorne v. All Restoration Services: Clarifying Individual Coverage Under the FLSA

Date: May 10, 2006

Affirmation of Dismissal in Thorne v. All Restoration Services: Clarifying Individual Coverage Under the FLSA Introduction In Joseph Thorne v. All Restoration Services, Inc., et al., 448 F.3d 1264...