11th Circuit Case Commentaries

Professional-Judgment Deference for Civil Detainee Restrictive Housing During Criminal Investigations; No Deliberate Indifference Without Evidence of Obvious Urgent Need

Date: Mar 13, 2026

Professional-Judgment Deference for Civil Detainee Restrictive Housing During Criminal Investigations; No Deliberate Indifference Without Evidence of Obvious Urgent Need Introduction In Juan Vega v....

“Literacy Test” Miranda Forms and Equivocal Counsel Requests: AEDPA Deference to State Findings on Knowing/Voluntary Waiver and Ambiguous Invocation

Date: Mar 12, 2026

“Literacy Test” Miranda Forms and Equivocal Counsel Requests: AEDPA Deference to State Findings on Knowing/Voluntary Waiver and Ambiguous Invocation 1. Introduction Renell Jones v. Florida Department...

Reasoned-Consideration Requirement When the BIA Treats an Appeal as Withdrawn Despite a Pending Motion to Cancel Withdrawal

Date: Mar 12, 2026

Reasoned-Consideration Requirement When the BIA Treats an Appeal as Withdrawn Despite a Pending Motion to Cancel Withdrawal I. Introduction In Angielih Estefania Godoy-Cartagena v. U.S. Attorney...

Equitable Tolling of Title VII’s 90-Day Filing Period When a Litigant Acts Diligently but a Natural Disaster Disrupts “Guaranteed” Delivery

Date: Mar 12, 2026

Equitable Tolling of Title VII’s 90-Day Filing Period When a Litigant Acts Diligently but a Natural Disaster Disrupts “Guaranteed” Delivery I. Introduction In Phillip Beazer v. Richmond County...

Reliable Hearsay Can Support a Death-Causation Finding and a Near-Maximum Upward Variance in a Felon-in-Possession Sentence (11th Cir.)

Date: Mar 12, 2026

Reliable Hearsay Can Support a Death-Causation Finding and a Near-Maximum Upward Variance in a Felon-in-Possession Sentence (11th Cir.) I. Introduction In United States v. Albert Ayala (11th Cir....

Hidden E-Statement Addenda Do Not Create Assent to Opt-Out Arbitration Under Florida Contract Law

Date: Mar 12, 2026

Hidden E-Statement Addenda Do Not Create Assent to Opt-Out Arbitration Under Florida Contract Law I. Introduction In Melissa Ransom v. VyStar Credit Union (11th Cir. Mar. 10, 2026) (unpublished),...

Post-Verdict Juror Regret and Unanimity Misunderstanding Cannot Impeach the Verdict Under Rule 606(b); PSI Identification of U.S.S.G. § 4A1.3 Satisfies Rule 32(h) Notice

Date: Mar 11, 2026

Post-Verdict Juror Regret and Unanimity Misunderstanding Cannot Impeach the Verdict Under Rule 606(b); PSI Identification of U.S.S.G. § 4A1.3 Satisfies Rule 32(h) Notice Case: United States v....

“Identity-at-the-Crux” After Dubin: Student-ID Refund Checks as Aggravated Identity Theft and Recruitment-Based Leadership Under U.S.S.G. § 3B1.1(a)

Date: Mar 11, 2026

“Identity-at-the-Crux” After Dubin: Student-ID Refund Checks as Aggravated Identity Theft and Recruitment-Based Leadership Under U.S.S.G. § 3B1.1(a) 1) Introduction Case: United States v. Andrea...

Voluntary Cessation Does Not Require Leniency in Production/Distribution Sentencing Where Harm Persists Through Circulating Images

Date: Mar 11, 2026

Voluntary Cessation Does Not Require Leniency in Production/Distribution Sentencing Where Harm Persists Through Circulating Images Case: United States v. Jeremy Ehlers (11th Cir. Mar. 9, 2026)...

Supervised-Release Revocation: Upward Variance May Rest on Inferred Deliberate Drug Use and “Breach of the Court’s Trust”

Date: Mar 10, 2026

Supervised-Release Revocation: Upward Variance May Rest on Inferred Deliberate Drug Use and “Breach of the Court’s Trust” Case: United States v. Lance H. Reid (11th Cir. Mar. 9, 2026) (unpublished)...

Pre-Conspiracy Victim Tax Returns Are Intrinsic Evidence in RICO Tax-Refund Fraud; Generic PSI “Objections for Appeal” Do Not Preserve Loss Challenges

Date: Mar 8, 2026

Pre-Conspiracy Victim Tax Returns Are Intrinsic Evidence in RICO Tax-Refund Fraud; Generic PSI “Objections for Appeal” Do Not Preserve Loss Challenges I. Introduction In United States v. Dickenson...

Vacatur-and-Resentencing Triggers First Step Act § 403 Relief; Unauthorized Successive § 2255 Amendments Exceed District Court Jurisdiction

Date: Mar 7, 2026

Vacatur-and-Resentencing Triggers First Step Act § 403 Relief; Unauthorized Successive § 2255 Amendments Exceed District Court Jurisdiction I. Introduction United States v. Michael Shane Ragland...

Armed Door Answer to a Missing-Child Welfare Check Creates Arguable Exigency for Brief Entry/Detention, But Not Gratuitous Force, Drawer-Rummaging, or Post-Exigency Over-Detention

Date: Mar 7, 2026

Armed Door Answer to a Missing-Child Welfare Check Creates Arguable Exigency for Brief Entry/Detention, But Not Gratuitous Force, Drawer-Rummaging, or Post-Exigency Over-Detention Introduction In Tom...

Enforceability of a 25-Day Written-Notice Waiver Clause as a Condition Precedent in Consumer Tool-Rental Agreements

Date: Mar 7, 2026

Enforceability of a 25-Day Written-Notice Waiver Clause as a Condition Precedent in Consumer Tool-Rental Agreements 1. Introduction In Darin Mathews v. Home Depot USA, Inc. (11th Cir. Mar. 5, 2026)...

Actual Knowledge Requires Awareness of the Specific Hazard: Unobserved Employee “Creation” and Nearby Spill Cleanup Do Not Establish Notice

Date: Mar 7, 2026

Actual Knowledge Requires Awareness of the Specific Hazard: Unobserved Employee “Creation” and Nearby Spill Cleanup Do Not Establish Notice Introduction In Nidia Salcedo Valderrama v. Costco...

Alternative-Sentence Harmlessness for § 5G1.3 Concurrency Disputes and No Plain Allocution Error When the Court Only Announces an Intent to Run Consecutively

Date: Mar 7, 2026

Alternative-Sentence Harmlessness for § 5G1.3 Concurrency Disputes and No Plain Allocution Error When the Court Only Announces an Intent to Run Consecutively 1. Introduction Case: United States v....

No Double Counting: § 3B1.3 Must Not Apply When § 2B1.1(b)(9)(A) Is Based on the Same Conduct (11th Cir.)

Date: Mar 7, 2026

No Double Counting: § 3B1.3 Must Not Apply When § 2B1.1(b)(9)(A) Is Based on the Same Conduct (11th Cir.) 1. Introduction In United States v. Cassandra Harris Parker (11th Cir. Mar. 5, 2026) (per...

Guidelines-Range “Independence” Must Be Clear: Ambiguous Sentencing Remarks Do Not Defeat Molina-Martinez Plain-Error Relief

Date: Mar 7, 2026

Guidelines-Range “Independence” Must Be Clear: Ambiguous Sentencing Remarks Do Not Defeat Molina-Martinez Plain-Error Relief Case: United States v. Donnell Leman Moore, Jr. (11th Cir. Mar. 5, 2026)...

Strict Enforcement of Summary-Judgment Deadlines and Appellate Abandonment Rules Against Pro Se Prison Litigants (11th Cir.)

Date: Mar 6, 2026

Strict Enforcement of Summary-Judgment Deadlines and Appellate Abandonment Rules Against Pro Se Prison Litigants (11th Cir.) I. Introduction In Michael R. Mosier v. Global Economic Opportunities...

Reyes v. Royal Caribbean: Conclusory “Notice” Allegations and Unpreserved Theories Cannot Save a Negligence Complaint

Date: Mar 6, 2026

Conclusory “Notice” Allegations and Unpreserved “Created-the-Hazard” Theories Do Not Cure a Negligence Pleading Defect on Appeal Introduction In Humberto Reyes v. Royal Caribbean Cruises, LTD. (11th...