11th Circuit Case Commentaries

Plain-Error Review Bars Unpreserved Challenges to Sex-Offense Supervised-Release Conditions (Employment, Polygraph, No-Minors Contact)

Date: Mar 24, 2026

Plain-Error Review Bars Unpreserved Challenges to Sex-Offense Supervised-Release Conditions (Employment, Polygraph, No-Minors Contact) 1. Introduction United States v. Rene Bravo (11th Cir. Mar. 20,...

Comparator Evidence After Lewis: Failing the “All Material Respects” Prima Facie Standard Does Not Make Comparators Irrelevant to the “Convincing Mosaic” Inquiry

Date: Mar 24, 2026

Comparator Evidence After Lewis: Failing the “All Material Respects” Prima Facie Standard Does Not Make Comparators Irrelevant to the “Convincing Mosaic” Inquiry I. Introduction Case: Harrius Johnson...

Method-of-Execution Claims: No Alternative-Method Finding Required Absent a Substantial Risk of Severe Pain

Date: Mar 24, 2026

Method-of-Execution Claims: No Alternative-Method Finding Required Absent a Substantial Risk of Severe Pain I. Introduction Case: Michael Wade Nance v. Commissioner, Georgia Department of Corrections...

Unsubstantiated Incompetency Claims Do Not Require Appointed Counsel; Shotgun Pleadings May Be Dismissed Without Prejudice After Repleader Opportunity

Date: Mar 20, 2026

Unsubstantiated Incompetency Claims Do Not Require Appointed Counsel; Shotgun Pleadings May Be Dismissed Without Prejudice After Repleader Opportunity 1. Introduction In Curtis Gorham v. Elijah...

Pleading Primary-Carrier Status in ERISA Coordination-of-Benefits Disputes (and the Limits of Blankenship at the Rule 12(b)(6) Stage)

Date: Mar 20, 2026

Pleading Primary-Carrier Status in ERISA Coordination-of-Benefits Disputes (and the Limits of Blankenship at the Rule 12(b)(6) Stage) Case: Dina Mendoza v. Aetna Life Insurance Company Court: United...

VA Disability Ratings Are Not Binding on SSA Disability Determinations When Considered and Rejected on Substantial Evidence

Date: Mar 20, 2026

VA Disability Ratings Are Not Binding on SSA Disability Determinations When Considered and Rejected on Substantial Evidence I. Introduction In Steven Thomas Deming v. Commissioner, Social Security...

Qualified Immunity Depends on Clearly Established Unlawfulness of Conduct, Not Clarity of Individual § 1981 Liability

Date: Mar 20, 2026

Qualified Immunity Depends on Clearly Established Unlawfulness of Conduct, Not Clarity of Individual § 1981 Liability Case: Dr. Lana Foster v. Shannon King (appeal by individual school officials)...

Harmless Guidelines-Enhancement Error When the Statutory Maximum Still Controls the Sentence

Date: Mar 19, 2026

Harmless Guidelines-Enhancement Error When the Statutory Maximum Still Controls the Sentence I. Introduction United States v. Johanna Michely Garcia (11th Cir. Mar. 17, 2026) (per curiam) is an...

Plain-Error Review of § 3553(c)(2) Omissions: No Reversal When the Record Clearly Reveals the Upward-Variance Rationale

Date: Mar 19, 2026

Plain-Error Review of § 3553(c)(2) Omissions: No Reversal When the Record Clearly Reveals the Upward-Variance Rationale Introduction In United States v. Francisco Siaca Melendez (11th Cir. Mar. 18,...

Eleventh Circuit Applies Esteras: No Plain Error Absent Clear Reliance on § 3553(a)(2)(A) in Supervised-Release Revocation Sentencing

Date: Mar 19, 2026

Eleventh Circuit Applies Esteras: No Plain Error Absent Clear Reliance on § 3553(a)(2)(A) in Supervised-Release Revocation Sentencing Introduction In United States v. Elliot Walker (11th Cir. Mar....

Clear-Error Deference to Credibility Findings in Supervised-Release Revocations Despite Ambiguous Video Evidence (United States v. Coleman)

Date: Mar 19, 2026

Clear-Error Deference to Credibility Findings in Supervised-Release Revocations Despite Ambiguous Video Evidence (United States v. Coleman) Introduction In United States v. William Coleman (11th Cir....

Consecutive Revocation Sentences Are Substantively Reasonable When the Court Addresses Mitigation but Emphasizes Breach of Trust and Public Safety

Date: Mar 15, 2026

Consecutive Revocation Sentences Are Substantively Reasonable When the Court Addresses Mitigation but Emphasizes Breach of Trust and Public Safety Introduction United States v. Damon Houston (11th...

Obvious-Clarity Fourth Amendment Rule for Taser Use on Dangerous Drop-Off Terrain; Body-Camera Noncompliance Alone Does Not Establish Monell Liability

Date: Mar 15, 2026

Obvious-Clarity Fourth Amendment Rule for Taser Use on Dangerous Drop-Off Terrain; Body-Camera Noncompliance Alone Does Not Establish Monell Liability Case: Keith Edwards v. Officer J. Grubbs...

Obvious-Clarity Excessive-Force Rule for Tasers at Dangerous Elevation (and Limits on Body-Camera Monell Theories)

Date: Mar 15, 2026

Obvious-Clarity Excessive-Force Rule for Tasers at Dangerous Elevation (and Limits on Body-Camera Monell Theories) I. Introduction Keith Edwards, as personal representative of the estate of Jerry...

Litigant-Specific Filing Injunctions Are Not “Universal Injunctions”; Noncompliance May Justify Rule 41(b) Dismissal With Prejudice

Date: Mar 15, 2026

Litigant-Specific Filing Injunctions Are Not “Universal Injunctions”; Noncompliance May Justify Rule 41(b) Dismissal With Prejudice 1. Introduction In Waseem Daker v. Gregory Dozier, et al. (11th...

Consecutive Revocation Sentences Are Substantively Reasonable When the District Court Addresses Breach of Trust, Deterrence, and Public Protection

Date: Mar 15, 2026

Consecutive Revocation Sentences Are Substantively Reasonable When the District Court Addresses Breach of Trust, Deterrence, and Public Protection Case: United States v. Damon Houston (11th Cir. Mar....

Eleventh Circuit Reaffirms: Police-Activated Lights Can Still Be a Consensual Encounter, and Oliver’s “Open Fields” Doctrine Remains Binding

Date: Mar 15, 2026

Eleventh Circuit Reaffirms: Police-Activated Lights Can Still Be a Consensual Encounter, and Oliver’s “Open Fields” Doctrine Remains Binding 1. Introduction In United States v. Jesse Rance Moore...

Credibility Challenges Are Unreviewable When the BIA Affirms on Alternative Grounds, and Speculative Future Harm Cannot Establish a Well-Founded Fear

Date: Mar 14, 2026

Credibility Challenges Are Unreviewable When the BIA Affirms on Alternative Grounds, and Speculative Future Harm Cannot Establish a Well-Founded Fear I. Introduction In Natalia Morozova v. U.S....

Heightened Deference to Below-Guidelines Sentences and Specificity Required for Supervised-Release Disparity Claims

Date: Mar 13, 2026

Heightened Deference to Below-Guidelines Sentences and Specificity Required for Supervised-Release Disparity Claims Introduction In United States v. Bryan Joseph Bowden (11th Cir. Mar. 11, 2026) (per...

United States v. Demetris Kewan Mackie — Commentary

Date: Mar 13, 2026

Appellate Abandonment When the Appellant Fails to Challenge Alternative Evidentiary Grounds (Intrinsic/Direct Evidence) Supporting Admission Case: United States v. Demetris Kewan Mackie (11th Cir....