Rule 11 Mandatory-Minimum Advisements: Written Plea Agreement Plus Colloquy Confirmations Defeat Plain-Error Withdrawal Claims; Omitted Drug Quantity in Judgment Not “Obvious” Clerical Error...
Amendment 821 § 3582(c)(2) Discretion: Brief § 3553(a) Explanation Suffices and No Duty to Reapply Comparable § 5K1.1 Departure Introduction Case: United States v. Simon Zambrano Vargas (11th Cir....
Preservation as a Merits Gatekeeper: Waiver by Non-Objection Under 11th Cir. R. 3-1 and Abandonment of Independent Grounds (Qualified Immunity) in Prisoner Civil-Rights Appeals I. Introduction In...
PLRA Dismissals for Initial Filing-Fee Nonpayment Require Inquiry and Consideration of Prisoner Authorization I. Introduction Case: Harry Goldsboro, II v. Wayne Ivey (11th Cir. Feb. 24, 2026)...
Schlup Actual-Innocence Gateway Need Not Be Exhausted; State “Reinstatement” of a Postconviction Motion Retroactively Tolls AEDPA Introduction Robert J. Trease v. Secretary, Florida Department of...
Florida-Law Sufficiency Arguments (Especially Circumstantial-Evidence Claims) Do Not Necessarily Exhaust Federal Jackson Claims, and Unexplained State Affirmances May Rest on an Asserted Procedural...
Substantial-Evidence Review for “Exceptional and Extremely Unusual Hardship” and No Remand for Discretion-Only Evidence When Statutory Ineligibility Is Dispositive 1. Introduction In Samuel...
Applying the § 2K2.1(c)(1)(A) Cross-Reference to Attempted First-Degree Murder Based on Video and Admissions, and Upholding a Major Upward Variance Under § 3553(a) Case: United States v. Olivier...
Alabama “As-Is” Purchase Clauses Negate Fraud Reliance and Buyer Nonperformance Defeats Agency-Contract Claims 1. Introduction In Bill Austin v. Regency Realty Inc. (11th Cir. Feb. 23, 2026) (per...
Subsequent Favorable SSA Awards Do Not Trigger Remand Absent Identified, Material “New Evidence” and Good Cause Under § 405(g) Sentence Six 1. Introduction In Nancy Artache v. Commissioner of Social...
Unpublished Eleventh Circuit Reaffirms: ALJ Need Not Cite Every Record Entry and VA Disability Ratings Are Non-Binding Under 20 C.F.R. § 404.1504 1. Introduction In Stephanie Rovegno v. Commissioner...
Plain-Error Constraints on Cross-Examination–Based Prosecutorial-Misconduct Claims: Prior-Conviction Details, “Were-They-Lying” Questions, and Prison-Context Evidence 1. Introduction In United States...
Appeal-Waiver Exceptions Turn on the Guideline Range the Court Establishes—Not the Range the Defense Advocates Case: United States v. Pedro Silva Ochoa (11th Cir. Feb. 23, 2026) (per curiam) (not for...
Cross-District Enforcement of Filing Injunctions in Habeas: Noncompliance Supports Rule 41(b) Dismissal (Including With-Prejudice Dismissal on Implicit Findings) I. Introduction Case: Waseem Daker v....
Violence-Induced Absence Does Not Defeat Co-Occupant Consent; Off-Premises Objection Does Not Trigger Randolph Case: United States v. Joan Estadella Court: Court of Appeals for the Eleventh Circuit...
Rule 4(m) Requires a Two-Step Dismissal Analysis (Good Cause and Then Permissive Extension) and Personal-Jurisdiction Dismissals Can Collaterally Estop Refiling Introduction In Juliette Moon v....
Rule 60(b)(4) Motions Must Be Filed Within a Reasonable Time Even When the Underlying Judgment Is Alleged Void Introduction In Maria Navarro Martin v. State of Florida, the Eleventh Circuit reviewed...
ADA Title III Standing Requires Plausible Intent to Return Despite Trespass; Conclusory Municipal “Policy or Custom” Allegations and Miranda-Only Theories Fail Under § 1983 I. Introduction In Preston...
Unpled Brady Theories Cannot Salvage § 1983 Claims; Broad Judicial Immunity for Judges Referring Suspected Perjury Introduction In Surgret Urania Doss v. Gregory P. Holder (11th Cir. Feb. 20, 2026)...
No Compassionate Release for an “Unusually Long Sentence” Absent a Relevant Change in Law Creating a Gross Sentencing Disparity (U.S.S.G. § 1B1.13(b)(6)) Introduction In United States v. Darryl King...