11th Circuit Case Commentaries

No Thirteenth Amendment Claim for Routine Prison Labor; Due Process Requires “Atypical and Significant Hardship” — Eleventh Circuit Reaffirms Omasta and Applies Sandin in Greene v. Secretary, FDOC

Date: Sep 26, 2025

No Thirteenth Amendment Claim for Routine Prison Labor; Due Process Requires “Atypical and Significant Hardship” — Eleventh Circuit Reaffirms Omasta and Applies Sandin in Greene v. Secretary, FDOC...

A single address can satisfy Fourth Amendment particularity for unmarked, attached efficiency apartments when officers reasonably could not know the property is subdivided

Date: Sep 26, 2025

A single address can satisfy Fourth Amendment particularity for unmarked, attached efficiency apartments when officers reasonably could not know the property is subdivided Introduction In United...

Eleventh Circuit reaffirms inherent authority to dismiss patently frivolous pro se Bivens claims and confirms abandonment of default arguments raised only in reply

Date: Sep 26, 2025

Eleventh Circuit reaffirms inherent authority to dismiss patently frivolous pro se Bivens claims and confirms abandonment of default arguments raised only in reply Introduction This commentary...

EEZ Counts as “High Seas,” and a Claim of Nationality Triggers Statelessness Under the MDLEA: The Eleventh Circuit’s Summary Affirmance in United States v. Rai Martinez

Date: Sep 26, 2025

EEZ Counts as “High Seas,” and a Claim of Nationality Triggers Statelessness Under the MDLEA: The Eleventh Circuit’s Summary Affirmance in United States v. Rai Martinez Introduction In a...

Eleventh Circuit: Sentencing May Weigh Overdose-Related Investigation Context Without Proving Causation

Date: Sep 26, 2025

Eleventh Circuit: Sentencing May Weigh Overdose-Related Investigation Context Without Proving Causation Case: United States v. Sudiata Neket Zanja Stinson, No. 24-11993 (11th Cir. Sept. 25, 2025)...

“High Seas” Includes Foreign Contiguous Zones: Eleventh Circuit Confirms MDLEA Jurisdiction Over Stateless Vessels Interdicted Beyond Territorial Seas

Date: Sep 26, 2025

“High Seas” Includes Foreign Contiguous Zones: Eleventh Circuit Confirms MDLEA Jurisdiction Over Stateless Vessels Interdicted Beyond Territorial Seas Case Overview Case: United States v. Cristian...

Recklessness Suffices for § 875(c) “True Threats”; Rule 106 Context Is Narrow; Keene Alternative-Sentence Harmlessness Reaffirmed

Date: Sep 26, 2025

Recklessness Suffices for § 875(c) “True Threats”; Rule 106 Context Is Narrow; Keene Alternative-Sentence Harmlessness Reaffirmed Introduction In United States v. Cloepha Franks, No. 24-11546 (11th...

Eleventh Circuit Reaffirms MDLEA Jurisdiction in Foreign EEZs and “Non‑Affirmation” Statelessness; Confirms No Nexus Requirement; Courier Minor‑Role Denial Upheld

Date: Sep 26, 2025

Eleventh Circuit Reaffirms MDLEA Jurisdiction in Foreign EEZs and “Non‑Affirmation” Statelessness; Confirms No Nexus Requirement; Courier Minor‑Role Denial Upheld Commentary on United States v....

EEZ as “High Seas,” Validity of “Neither Confirm Nor Deny” Statelessness, and No Nexus Requirement Under the MDLEA: Eleventh Circuit Reaffirms Foundational Limits on Constitutional Challenges

Date: Sep 26, 2025

EEZ as “High Seas,” Validity of “Neither Confirm Nor Deny” Statelessness, and No Nexus Requirement Under the MDLEA: Eleventh Circuit Reaffirms Foundational Limits on Constitutional Challenges...

EEZs Are “High Seas,” Nationality Equals Registry Under the MDLEA, and No Nexus Is Required: Eleventh Circuit’s Summary Affirmance in United States v. Puello

Date: Sep 26, 2025

EEZs Are “High Seas,” Nationality Equals Registry Under the MDLEA, and No Nexus Is Required: Eleventh Circuit’s Summary Affirmance in United States v. Puello Introduction This commentary analyzes the...

Erlinger’s Admission Exception in Practice: Eleventh Circuit Holds Plea Admissions to “Separate Occasions” Sustain ACCA and § 841 Enhancements (United States v. Scott)

Date: Sep 26, 2025

Erlinger’s Admission Exception in Practice: Plea Admissions to “Separate Occasions” Sustain ACCA and § 841 Enhancements Case: United States v. Hiawatha Laquinta Scott, III, No. 24-11045 (11th Cir....

“Touching the Vehicle Touches the Person”: The Eleventh Circuit Holds That Shooting and Striking a Car Seizes Its Driver, and Treats Gunfire-Initiated Stops as Arrests (Watkins v. Davis)

Date: Sep 26, 2025

“Touching the Vehicle Touches the Person”: The Eleventh Circuit Holds That Shooting and Striking a Car Seizes Its Driver, and Treats Gunfire-Initiated Stops as Arrests Introduction In a published...

“Because of” in § 245(b)(2)(B) Means But‑For Causation; Racially Motivated Road Violence Is a Badge of Slavery Congress May Prohibit Under the Thirteenth Amendment

Date: Sep 26, 2025

“Because of” in § 245(b)(2)(B) Means But‑For Causation; Racially Motivated Road Violence Is a Badge of Slavery Congress May Prohibit Under the Thirteenth Amendment Introduction In United States v....

Eleventh Circuit: No Clearly Established Ban on Using Commissary Records to Gauge Religious Sincerity; Appellants Who Do Not Brief Qualified Immunity Abandon Their Appeal

Date: Sep 25, 2025

Eleventh Circuit: No Clearly Established Ban on Using Commissary Records to Gauge Religious Sincerity; Appellants Who Do Not Brief Qualified Immunity Abandon Their Appeal Introduction In Cantrell...

Eleventh Circuit Applies Substantial-Evidence Review to § 1229b(b)(1)(D) and Reaffirms the Two‑Part Health‑Hardship Test (Matter of J‑J‑G‑) in Cancellation Cases

Date: Sep 25, 2025

Eleventh Circuit Applies Substantial-Evidence Review to § 1229b(b)(1)(D) and Reaffirms the Two‑Part Health‑Hardship Test (Matter of J‑J‑G‑) in Cancellation Cases Case: Maria Virginia Rodriguez Robles...

Eleventh Circuit solidifies substantial-evidence review of §1229b(b)(1)(D) hardship and endorses J-J-G-’s two-part health-care test

Date: Sep 25, 2025

Eleventh Circuit solidifies substantial-evidence review of §1229b(b)(1)(D) hardship and endorses J-J-G-’s two-part health-care test Introduction In this consolidated, unpublished decision, the U.S....

Forgoing a Suppression Motion Is Not Ineffective Assistance When Reasonable Suspicion to Prolong a Traffic Stop Is At Least Debatable

Date: Sep 25, 2025

Forgoing a Suppression Motion Is Not Ineffective Assistance When Reasonable Suspicion to Prolong a Traffic Stop Is At Least Debatable Introduction In Richard Norris v. United States, No. 24-13306...

Bad Faith Requires More Than Negligence: Eleventh Circuit Clarifies Rule 56’s Demands, Coverage-Investigation Leeway, and Global-Settlement Strategy in Florida Third-Party Claims

Date: Sep 25, 2025

Bad Faith Requires More Than Negligence: Eleventh Circuit Clarifies Rule 56’s Demands, Coverage-Investigation Leeway, and Global-Settlement Strategy in Florida Third-Party Claims Introduction In a...

Eleventh Circuit Carves a Redressability Window for Closed Adult Businesses and Reaffirms Secondary-Effects Analysis Post‑Reed

Date: Sep 25, 2025

Eleventh Circuit Carves a Redressability Window for Closed Adult Businesses and Reaffirms Secondary-Effects Analysis Post‑Reed Introduction In WBY, Inc. v. City of Chamblee, Georgia, the United...

Misdescribed Bills of Lading Do Not Prevent Risk-of-Loss Transfer Under Shipment Contracts When the Buyer Hires the Carrier

Date: Sep 24, 2025

Misdescribed Bills of Lading Do Not Prevent Risk-of-Loss Transfer Under Shipment Contracts When the Buyer Hires the Carrier Introduction In Certain Underwriters at Lloyd’s London v. Scents...