11th Circuit Case Commentaries

Lifetime Parental Cohabitation Ban Fails Strict Scrutiny as Applied to a Non-Contact Sex Offender

Date: Oct 5, 2026

Lifetime Parental Cohabitation Ban Fails Strict Scrutiny as Applied to a Non-Contact Sex Offender Case: Bruce Henry v. Sheriff of Tuscaloosa County, Alabama Court: United States Court of Appeals for...

Tate v. Warden: A Defendant Who Restricts Mitigation Must Show He Would Have Allowed the Omitted Evidence

Date: Oct 5, 2026

A Capital Defendant Who Restricts Mitigation Must Show He Would Have Allowed the Omitted Evidence Case: Nicholas Cody Tate v. Warden, Georgia Diagnostic and Classification Prison Court: United States...

Post-Accident Repairs Alone Do Not Establish a Cruise Line’s Prior Constructive Notice

Date: Oct 4, 2026

Post-Accident Repairs Alone Do Not Establish a Cruise Line’s Prior Constructive Notice Case: Darlene Wampole v. Carnival Corporation Court: United States Court of Appeals for the Eleventh Circuit...

No Plain-Error Relief for a Guidelines Misstatement When the Record Shows the Correct Range Controlled

Date: Oct 3, 2026

No Plain-Error Relief for a Guidelines Misstatement When the Record Shows the Correct Range Controlled Case: United States v. Rodriques Humphrey Court: United States Court of Appeals for the Eleventh...

Constructive Possession and a § 924(c) Nexus May Be Proven Through Control of Drug Premises, Trafficking Tools, and an Accessible Loaded Firearm

Date: Oct 3, 2026

Constructive Possession and a § 924(c) Nexus May Be Proven Through Control of Drug Premises, Trafficking Tools, and an Accessible Loaded Firearm Case: United States v. Javier Mares Court: United...

Repeated Unexcused Failure to File Chapter 11 Operating Reports Constitutes Cause for Dismissal

Date: Oct 3, 2026

Repeated Unexcused Failure to File Chapter 11 Operating Reports Constitutes Cause for Dismissal Case: Johnson & Dixie, LLC v. Office of the U.S. Trustee Court: United States Court of Appeals for the...

Private Social-Media Moderation Is Not First Amendment State Action Without Government Involvement

Date: Oct 2, 2026

Private Social-Media Moderation Is Not First Amendment State Action Without Government Involvement Case: Earl James Gobin v. Satya Nadella Court: United States Court of Appeals for the Eleventh...

Admitted Drug Quantity May Determine the Guideline Range When the Sentence Remains Within the Indictment’s Statutory Range

Date: Oct 2, 2026

Admitted Drug Quantity May Determine the Guideline Range When the Sentence Remains Within the Indictment’s Statutory Range Case: United States v. Mario Rivera Court: United States Court of Appeals...

Chapter 7 Debtors May Appeal Estate-Disposition Orders Only When a Surplus or Discharge Is at Stake

Date: Oct 2, 2026

Chapter 7 Debtors May Appeal Estate-Disposition Orders Only When a Surplus or Discharge Is at Stake Case: BAMC Development Holding, LLC v. Larry S. Hyman Court: United States Court of Appeals for the...

Rule 60(b)(4) Void-Judgment Motions Remain Subject to a Reasonable-Time Requirement

Date: Oct 1, 2026

Rule 60(b)(4) Void-Judgment Motions Remain Subject to a Reasonable-Time Requirement Case: Raziel Ofer v. Judge Laurel M. Isicoff Court: United States Court of Appeals for the Eleventh Circuit Date:...

Egregious Violent Conduct May Support an Upward Variance Despite a Related-Felony Guidelines Enhancement

Date: Oct 1, 2026

Egregious Violent Conduct May Support an Upward Variance Despite a Related-Felony Guidelines Enhancement Case: United States v. Oscar Cruz-Baldo Court: United States Court of Appeals for the Eleventh...

Six-Month Temporal Gap and Intervening Misconduct Defeat Title VII Retaliation Causation

Date: Oct 1, 2026

Six-Month Temporal Gap and Intervening Misconduct Defeat Title VII Retaliation Causation Case: Marie Jean Charles v. The GEO Group Inc Court: United States Court of Appeals for the Eleventh Circuit...

Alternate-Perpetrator Evidence Requires a Concrete Nexus, and STRmix Discovery Must Materially Aid the Defense

Date: Oct 1, 2026

Alternate-Perpetrator Evidence Requires a Concrete Nexus, and STRmix Discovery Must Materially Aid the Defense Case: United States v. Shannon Wilkerson Court: United States Court of Appeals for the...

Post-2017 Social Security Claims: Treating-Source Opinions May Be Discounted Through Supported Findings on Supportability and Consistency

Date: Oct 1, 2026

Post-2017 Social Security Claims: Treating-Source Opinions May Be Discounted Through Supported Findings on Supportability and Consistency Case: Jonathan Wright v. Social Security Administration,...

One Admitted Supervised-Release Violation Independently Supports Revocation

Date: Sep 30, 2026

One Admitted Supervised-Release Violation Independently Supports Revocation Case: United States v. Sedarious Lawrence Court: United States Court of Appeals for the Eleventh Circuit Date: September...

Proof of Spousal Incapacitation Is Required Before Compassionate Release or Section 3553(a) Review

Date: Sep 30, 2026

Proof of Spousal Incapacitation Is Required Before Compassionate Release or Section 3553(a) Review Case: United States v. Jorge Mojocoa Court: United States Court of Appeals for the Eleventh Circuit...

Equitable Tolling Need Not Be Pleaded, but Mental Incapacity Must Cause the Untimely Filing

Date: Sep 30, 2026

Equitable Tolling Need Not Be Pleaded, but Mental Incapacity Must Cause the Untimely Filing Case: Darshon Crudup v. City of Atlanta Court: United States Court of Appeals for the Eleventh Circuit...

Rooker-Feldman Requires Claim-by-Claim Review Even When State-Court Appeals Remain Pending

Date: Sep 30, 2026

Rooker-Feldman Requires Claim-by-Claim Review Even When State-Court Appeals Remain Pending Case: Leon Benjamin v. Omaya Gordon Court: United States Court of Appeals for the Eleventh Circuit Date:...

A Brief, Contextual Explanation Supports a Within-Guidelines Consecutive Revocation Sentence

Date: Sep 30, 2026

A Brief, Contextual Explanation Supports a Within-Guidelines Consecutive Revocation Sentence Case: United States v. David De Leon-Colon Court: United States Court of Appeals for the Eleventh Circuit...

A Nonappealable Immunity Appeal Does Not Halt District Court Proceedings, and an Uncured Shotgun Pleading May Be Dismissed With Prejudice

Date: Sep 30, 2026

A Nonappealable Immunity Appeal Does Not Halt District Court Proceedings, and an Uncured Shotgun Pleading May Be Dismissed With Prejudice Case: Gloria Evans Mickens v. Tyrec Baker Court: United...