11th Circuit Case Commentaries

Faretta Applies at Sentencing: Eleventh Circuit Requires a Faretta Colloquy for Post‑Trial Self‑Representation Requests

Date: Mar 14, 2025

Faretta Applies at Sentencing: Eleventh Circuit Requires a Faretta Colloquy for Post‑Trial Self‑Representation Requests Case: United States v. Roshawn Davis (11th Cir.) Date: 2025-03-13 Disposition:...

Establishing the Boundaries of Official and Prosecutorial Immunity in § 1983 Excessive-Force and Due-Process Claims

Date: Mar 14, 2025

Establishing the Boundaries of Official and Prosecutorial Immunity in § 1983 Excessive-Force and Due-Process Claims Introduction The case of Mark Gardner, Lonnie Hood & Ivory Streeter v. Keisha Lance...

Rule 60(b) “New Evidence” Must Likely Change AEDPA Timeliness Outcomes; Certiorari Grants Cannot Support an Otherwise-Unwarranted Execution Stay

Date: Mar 14, 2025

Rule 60(b) “New Evidence” Must Likely Change AEDPA Timeliness Outcomes; Certiorari Grants Cannot Support an Otherwise-Unwarranted Execution Stay I. Introduction In Edward Thomas James v. Secretary,...

18 U.S.C. § 1542: “Use” Includes Submitting a Prior Passport for Renewal, and “False Documents” Includes Genuine Passports Containing Untrue Identity Information

Date: Mar 14, 2025

18 U.S.C. § 1542: “Use” Includes Submitting a Prior Passport for Renewal, and “False Documents” Includes Genuine Passports Containing Untrue Identity Information Case: United States v. Steven Schreck...

Qualified Immunity Discretionary-Authority Prong: Focus on the Injury-Causing Act, Assessed at a General Level

Date: Mar 14, 2025

Qualified Immunity Discretionary-Authority Prong: Focus on the Injury-Causing Act, Assessed at a General Level 1. Introduction Case: Barbara Donald v. Tyler Norris Court: United States Court of...

Defining Creditor Identity in Bankruptcy: The Limits of Administrative Dissolution Liability

Date: Mar 13, 2025

Defining Creditor Identity in Bankruptcy: The Limits of Administrative Dissolution Liability Introduction This commentary examines the landmark decision in Michael Dombrowski v. Legacy Mountain...

Public Employee Speech and Process Rights: Affirming Qualified Immunity and Narrowing the Public Concern Exception in Daniel Kang

Date: Mar 13, 2025

Public Employee Speech and Process Rights: Affirming Qualified Immunity and Narrowing the Public Concern Exception in Daniel Kang Introduction This commentary discusses the United States Court of...

Establishing Reliable Restitution and Sentencing Standards in Child Pornography Cases

Date: Mar 13, 2025

Establishing Reliable Restitution and Sentencing Standards in Child Pornography Cases Introduction The case of UNITED STATES OF AMERICA v. Moises Abraham Sotelo presents a landmark decision by the...

Establishing Strict Compliance in Pro Se Litigation: The Imperative of Responding to Judicial Inquiries

Date: Mar 13, 2025

Establishing Strict Compliance in Pro Se Litigation: The Imperative of Responding to Judicial Inquiries Introduction The Judgment in Lillie M. Middlebrooks, Heirs of Shirley Hill Middlebrooks v. City...

Reaffirming Deference to Strategic Defense Choices and Federal-Exhaustion Requirements in Habeas Review: DiTullio v. Secretary, Department of Corrections

Date: Mar 13, 2025

Reaffirming Deference to Strategic Defense Choices and Federal-Exhaustion Requirements in Habeas Review: DiTullio v. Secretary, Department of Corrections Introduction DiTullio v. Secretary,...

United States v. Lott: Validating Probable Cause from Recorded Jail Calls and Permissible Lay Opinion in Drug Conspiracy Prosecutions

Date: Mar 13, 2025

United States v. Johnnie Lott: Validating Probable Cause from Recorded Jail Calls and Permissible Lay Opinion in Drug Conspiracy Prosecutions Introduction In United States v. Johnnie Lott (11th Cir....

“Finality Requirement in Multi-Count Indictments: Partial Sentencing Not Appealable Pending Resolution of All Counts”

Date: Mar 13, 2025

Finality Requirement in Multi-Count Indictments: Partial Sentencing Not Appealable Pending Resolution of All Counts Introduction United States v. Nicholas Craig Woozencroft is a per curiam decision...

Clarifying the “Unable or Unwilling to Protect” Standard in Asylum and Torture Claims

Date: Mar 13, 2025

Clarifying the “Unable or Unwilling to Protect” Standard in Asylum and Torture Claims Introduction Gleicielle Da Silva Souza, a Brazilian national, sought asylum, withholding of removal, and...

Executive Implementation of School Gender-Identity Support Plans Triggers “Shocks the Conscience” Review for Parental Substantive Due Process Damages Claims

Date: Mar 13, 2025

Executive Implementation of School Gender-Identity Support Plans Triggers “Shocks the Conscience” Review for Parental Substantive Due Process Damages Claims Case: January Littlejohn v. School Board...

Jurisdictional Boundaries and Discretion in 28 U.S.C. § 1782 Discovery – Absolute Activist Value Master Fund Limited v. Devine

Date: Mar 12, 2025

Jurisdictional Boundaries and Discretion in 28 U.S.C. § 1782 Discovery — Absolute Activist Value Master Fund Limited v. Devine Introduction This consolidated appeal arises from a complex, multi-forum...

Clarifying Obstruction-of-Justice Enhancements for Perjury and Appeal Requirements for Restitution Amendments: United States v. Nkorina

Date: Mar 12, 2025

Clarifying Obstruction-of-Justice Enhancements for Perjury and Appeal Requirements for Restitution Amendments: United States v. Nkorina Introduction United States v. Serge Nkorina (11th Cir. 2025)...

Absolute Activist v. Devine: Limits on Post-Dismissal Jurisdiction and “Found” Standard under 28 U.S.C. § 1782

Date: Mar 12, 2025

Absolute Activist v. Devine: Limits on Post-Dismissal Jurisdiction and “Found” Standard under 28 U.S.C. § 1782 1. Introduction This consolidated opinion of the Eleventh Circuit addresses four related...

Daker v. Owens: Mootness of Interlocutory Appeals and Merger of Preliminary Injunction Orders into Final Judgment

Date: Mar 12, 2025

Daker v. Owens: Mootness of Interlocutory Appeals and Merger of Preliminary Injunction Orders into Final Judgment Introduction Waseem Daker, a Georgia state prisoner serving a life sentence, filed a...

Standing to Challenge Closed Primaries Lies Against the Local Election Administrator; Closed Primaries Survive Anderson-Burdick Under Nader

Date: Mar 12, 2025

Standing to Challenge Closed Primaries Lies Against the Local Election Administrator; Closed Primaries Survive Anderson-Burdick Under Nader v. Schaffer I. Introduction In Michael Polelle v. Florida...

Clarifying Jurisdiction and Finality in Protective Orders and §1782 Petitions Post-Dismissal

Date: Mar 12, 2025

Clarifying Jurisdiction and Finality in Protective Orders and §1782 Petitions Post-Dismissal Introduction Absolute Activist Value Master Fund Limited and related entities (“the Funds”) sued Susan...