11th Circuit Case Commentaries

Bondi Does Not Abrogate Rozier: Eleventh Circuit Reaffirms § 922(g)(1) Second Amendment Challenges Are Foreclosed Absent Clear Supreme Court Instruction

Date: Feb 22, 2026

Bondi Does Not Abrogate Rozier: Eleventh Circuit Reaffirms § 922(g)(1) Second Amendment Challenges Are Foreclosed Absent Clear Supreme Court Instruction Case: United States v. Mario Martinez Williams...

Cross-District Enforcement of Federal Filing Injunctions: Habeas Petitions May Be Dismissed (Even With Prejudice) for Noncompliance

Date: Feb 22, 2026

Cross-District Enforcement of Federal Filing Injunctions: Habeas Petitions May Be Dismissed (Even With Prejudice) for Noncompliance 1. Introduction In Waseem Daker v. Hays SP Warden (11th Cir. Feb....

Pseudonymity in § 1983 Suits Requires Concrete, Exceptional Justification—Vague Retaliation Fears Are Insufficient

Date: Feb 22, 2026

Pseudonymity in § 1983 Suits Requires Concrete, Exceptional Justification—Vague Retaliation Fears Are Insufficient Introduction In Benjamin Boe v. Julian Garcia (11th Cir. Feb. 19, 2026) (per curiam)...

Procedural Default in the Eleventh Circuit: Untimely R&R Objections, Abandonment on Appeal, and Limits on Post-Judgment “Fraud” Relief

Date: Feb 22, 2026

Procedural Default in the Eleventh Circuit: Untimely R&R Objections, Abandonment on Appeal, and Limits on Post-Judgment “Fraud” Relief Introduction In Eliezer Taveras v. Florida Department of...

Premature Impasse Under the NLRA: Membership-Survey Signals and Continued Bargaining Prospects Defeat Unilateral Implementation

Date: Feb 22, 2026

Premature Impasse Under the NLRA: Membership-Survey Signals and Continued Bargaining Prospects Defeat Unilateral Implementation Introduction In Southwest Florida Symphony Orchestra and Chorus...

IDEA Least-Restrictive-Environment Limits and Annual Alternative-Assessment Review: Special-Education Class-to-Class Moves Do Not Trigger LRE; GAA Track Disputes Are Not Moot

Date: Feb 22, 2026

IDEA Least-Restrictive-Environment Limits and Annual Alternative-Assessment Review: Special-Education Class-to-Class Moves Do Not Trigger LRE; GAA Track Disputes Are Not Moot I. Introduction Parties...

INA “Rape” Aggravated Felony: Generic Definition Excludes Digital Penetration

Date: Feb 22, 2026

Eleventh Circuit Rule: “Rape” in INA § 1101(a)(43)(A) Does Not Include Digital Penetration Case: Ishmahil Barrie v. U.S. Attorney General (11th Cir. Feb. 19, 2026) | Posture: Petition for review of...

Rule 41(e)(2)(B) Authorizes Post-Expiration Off-Site Cellphone Extractions; Suppression Barred by Good Faith Absent Prejudice

Date: Feb 22, 2026

Rule 41(e)(2)(B) Authorizes Post-Expiration Off-Site Cellphone Extractions; Suppression Barred by Good Faith Absent Prejudice I. Introduction United States v. Javier Hernandez (11th Cir. Feb. 19,...

Upward Variance Affirmed Where Sentencing Court Attributes “Harm” to Defendant’s Role in Creating Dangerous Circumstances (Not to Firing the Weapon)

Date: Feb 22, 2026

Upward Variance Affirmed Where Sentencing Court Attributes “Harm” to Defendant’s Role in Creating Dangerous Circumstances (Not to Firing the Weapon) 1. Introduction In United States v. Grenden James...

Arguable Probable Cause for Conspiracy-to-Fabricate-Evidence Arrest Can Rest on Apparent Involvement Despite Unchecked Exculpatory Leads; Malicious Prosecution Requires a Pleaded Seizure Pursuant to Legal Process

Date: Feb 22, 2026

Arguable Probable Cause for Conspiracy-to-Fabricate-Evidence Arrest Can Rest on Apparent Involvement Despite Unchecked Exculpatory Leads; Malicious Prosecution Requires a Pleaded Seizure Pursuant to...

Section 1927 Sanctions for Duplicative Relitigation Motions and Recusal Limits Under § 455(a): O'Neal v. American Shaman Franchise Systems

Date: Feb 22, 2026

Section 1927 Sanctions for Duplicative Relitigation Motions and Recusal Limits Under § 455(a) Case: Thomas O'Neal v. American Shaman Franchise Systems, Inc., et al. Court: United States Court of...

Interpreter Adequacy Under Rule 11 and Enforceability of Sentence-Appeal Waivers When the Record Shows Comprehension

Date: Feb 22, 2026

Interpreter Adequacy Under Rule 11 and Enforceability of Sentence-Appeal Waivers When the Record Shows Comprehension Introduction In United States v. Agim Cerma (11th Cir. Feb. 19, 2026) (per curiam)...

Co-Conspirator Witness-Tampering Evidence Admissible on Circumstantial Proof; § 922(g)(1) Remains Constitutional Under Eleventh Circuit Precedent

Date: Feb 22, 2026

Co-Conspirator Witness-Tampering Evidence Admissible on Circumstantial Proof; § 922(g)(1) Remains Constitutional Under Eleventh Circuit Precedent 1. Introduction In United States v. Deion Larry Jamar...

Eleventh Circuit Reaffirms Categorical Constitutionality of 18 U.S.C. § 922(g)(1) Under Prior-Panel Precedent Post-Bruen and Rahimi

Date: Feb 22, 2026

Eleventh Circuit Reaffirms Categorical Constitutionality of 18 U.S.C. § 922(g)(1) Under Prior-Panel Precedent Post-Bruen and Rahimi Introduction In United States v. Steve Telusme (11th Cir. Feb. 19,...

Noncompliance with Summary-Judgment Fact-Statement Rules Can Be Case-Dispositive in Title VII Litigation (Eleventh Circuit)

Date: Feb 20, 2026

Noncompliance with Summary-Judgment Fact-Statement Rules Can Be Case-Dispositive in Title VII Litigation (Eleventh Circuit) Introduction In Ponsetta Simmons v. United Parcel Service Inc, the Eleventh...

Admissibility of OSHA ALJ Non-Violation Findings in Product-Defect Trials and No Waiver by Opening-Statement Reference (11th Cir.)

Date: Feb 20, 2026

Admissibility of OSHA ALJ Non-Violation Findings in Product-Defect Trials and No Waiver by Opening-Statement Reference (11th Cir.) I. Introduction Tyler Wallace v. TSI Inc (11th Cir. Feb. 18, 2026)...

McCone v. Exela: Tolling the Appeal Clock for Rule 60(b)(4) Denials and Defining When “Direct Threat” Is Not Sua Sponte

Date: Feb 20, 2026

McCone v. Exela: Tolling the Appeal Clock for Rule 60(b)(4) Denials and Defining When “Direct Threat” Is Not Sua Sponte 1. Introduction In Henry McCone v. Exela Technologies, Inc. (11th Cir. Feb. 18,...

United States v. Carolyn Wade (11th Cir. Feb. 18, 2026) Commentary

Date: Feb 20, 2026

Good-Faith Instructions Are Unnecessary When “Knowingly” and “Willfully” Mens Rea Instructions Substantially Cover the Defense (and Overwhelming Digital Evidence Renders 404(b) Error Harmless) 1....

Rule 11 Sanctions Are Discretionary for Time-Barred Claims; Courts May Weigh Waivable Defenses and Curative Conduct (11th Cir.)

Date: Feb 19, 2026

Rule 11 Sanctions Are Discretionary for Time-Barred Claims; Courts May Weigh Waivable Defenses and Curative Conduct (11th Cir.) Introduction In Alaina Trocano v. Michael Vivaldi, the Eleventh Circuit...

Defining “Only Available Caregiver” Under U.S.S.G. § 1B1.13(b)(3)(C): The “Qualified and Free” Standard and Factor-Based Inquiry

Date: Feb 19, 2026

Defining “Only Available Caregiver” Under U.S.S.G. § 1B1.13(b)(3)(C): The “Qualified and Free” Standard and Factor-Based Inquiry Introduction In United States v. Rufino Robelo-Galo, the Eleventh...