11th Circuit Case Commentaries

Personal Jurisdiction as Basis for 28 U.S.C. §1782 Assistance and the Mootness of Protective Order Appeals Post-Voluntary Dismissal

Date: Mar 12, 2025

Personal Jurisdiction as Basis for 28 U.S.C. §1782 Assistance and the Mootness of Protective Order Appeals Post-Voluntary Dismissal Introduction In Re: Request of Susan Devine for Judicial Assistance...

Reconceptualizing FCC Enforcement: New Precedents on Note 11 and Statutory Authority in Network Affiliation Transactions

Date: Mar 11, 2025

Reconceptualizing FCC Enforcement: New Precedents on Note 11 and Statutory Authority in Network Affiliation Transactions Introduction The Judgment in Gray Television, Inc. v. Federal Communications...

Prejudice and Performance: Affirming the Limits of Ineffective Assistance in Plea Withdrawal

Date: Mar 11, 2025

Prejudice and Performance: Affirming the Limits of Ineffective Assistance in Plea Withdrawal Introduction The case, UNITED STATES OF AMERICA v. CHRISTOPHER MAYO, presents a complex exploration of...

Reaffirming the Nexus Requirement in Family-Based Asylum Claims

Date: Mar 11, 2025

Reaffirming the Nexus Requirement in Family-Based Asylum Claims Introduction The case of Enedina Liset Ramirez-Lopez and Kimberly Maydaly Chavez-Ramirez v. U.S. Attorney General presents a critical...

Affirming District Court Discretion: New Precedents on Compassionate Release and Counsel Appointment in Post‐Conviction Proceedings

Date: Mar 11, 2025

Affirming District Court Discretion: New Precedents on Compassionate Release and Counsel Appointment in Post‐Conviction Proceedings Introduction The case of UNITED STATES OF AMERICA v. ASERIAL JONES...

AVAA Restitution in Child-Pornography Cases: Paroline’s Relative-Role Framework Remains Controlling; NCMEC Identification Reports May Supply Reliable Proof

Date: Mar 11, 2025

AVAA Restitution in Child-Pornography Cases: Paroline’s Relative-Role Framework Remains Controlling; NCMEC Identification Reports May Supply Reliable Proof I. Introduction In United States v. Moises...

AVAA Did Not Displace Paroline: NCMEC Hash-Based Proof and the “Relative Role” Restitution Method Remain the Governing Framework in § 2259 Child-Pornography Restitution

Date: Mar 11, 2025

AVAA Did Not Displace Paroline: NCMEC Hash-Based Proof and the “Relative Role” Restitution Method Remain the Governing Framework in § 2259 Child-Pornography Restitution I. Introduction In United...

Establishing the Independence and Adequacy of State Procedural Grounds in Federal Habeas Corpus Appeals

Date: Mar 8, 2025

Establishing the Independence and Adequacy of State Procedural Grounds in Federal Habeas Corpus Appeals Introduction This commentary examines the recent decision in Pleadro J. Scott v. Secretary,...

Clarifying the Evaluation of Medical Opinions in Disability Claims: A New Standard in Assessing Residual Functional Capacity

Date: Mar 8, 2025

Clarifying the Evaluation of Medical Opinions in Disability Claims: A New Standard in Assessing Residual Functional Capacity Introduction The case of Philip Theil v. Commissioner, Social Security...

Jurisdictional Limits on Reviewing Untimely Asylum Filings and Credibility Determinations

Date: Mar 8, 2025

Jurisdictional Limits on Reviewing Untimely Asylum Filings and Credibility Determinations Introduction In the case of Marvin Antonio Laguna Rivera v. U.S. Attorney General, the United States Court of...

New Precedent on Article III Standing in Reformation Claims and the Interpretation of Construction Exclusions

Date: Mar 8, 2025

New Precedent on Article III Standing in Reformation Claims and the Interpretation of Construction Exclusions Introduction The case of Liberty Surplus Insurance Corporation v. Kaufman Lynn...

Clarifying Effective Notice Requirements in Removal Proceedings: The Munguia-Ramos Precedent

Date: Mar 8, 2025

Clarifying Effective Notice Requirements in Removal Proceedings: The Munguia-Ramos Precedent Introduction The case of Merlyn Judith Munguia-Ramos v. U.S. Attorney General, decided on March 5, 2025,...

United States v. Mayo: No Prejudice from Counsel’s Erroneous Career-Offender Advice Absent Plea Involuntariness

Date: Mar 8, 2025

United States v. Mayo: No Prejudice from Counsel’s Erroneous Career-Offender Advice Absent Plea Involuntariness Introduction In United States v. Christopher Mayo, No. 23-13278 (11th Cir. Mar. 7,...

Judicial Immunity, Res Judicata, and Subject Matter Jurisdiction: Implications from Hill v. Johnson

Date: Mar 6, 2025

Judicial Immunity, Res Judicata, and Subject Matter Jurisdiction: Implications from Hill v. Johnson Introduction The Eleventh Circuit’s recent decision in Hill v. Johnson (D.C. Docket No....

Harmless Error in Sentencing Enhancements: Affirming Substantive Reasonableness in Alien Smuggling Cases

Date: Mar 6, 2025

Harmless Error in Sentencing Enhancements: Affirming Substantive Reasonableness in Alien Smuggling Cases Introduction In the case of United States of America v. Raymond Saunders, the United States...

New Standard for Competency Determinations in Ineffective Assistance Claims: The Payne Precedent

Date: Mar 6, 2025

New Standard for Competency Determinations in Ineffective Assistance Claims: The Payne Precedent Introduction The case of William Payne v. Secretary, Department of Corrections, Attorney General,...

Clarification on the Application of the Good Faith Exception and Firearm Enhancement in Controlled Substance Cases

Date: Mar 6, 2025

Clarification on the Application of the Good Faith Exception and Firearm Enhancement in Controlled Substance Cases Introduction The United States Court of Appeals for the Eleventh Circuit recently...

Affirming Discretionary Authority under ERISA: A Landmark Review of Short-Term Disability Claims

Date: Mar 6, 2025

Affirming Discretionary Authority under ERISA: A Landmark Review of Short-Term Disability Claims Introduction The case of Deborah Shoenberg Rubin v. Life Insurance Company of North America et al....

New Precedent Affirming the Permissibility of Considering Acquitted Conduct at Sentencing

Date: Mar 6, 2025

New Precedent Affirming the Permissibility of Considering Acquitted Conduct at Sentencing Introduction The case of UNITED STATES OF AMERICA v. Keonte Jamel White, decided by the United States Court...

Harmless Error in Sentencing Explanation: Establishing the Record Sufficiency Principle

Date: Mar 6, 2025

Harmless Error in Sentencing Explanation: Establishing the Record Sufficiency Principle Introduction The case of United States of America v. Sanquez Deontra Quez Bivens involves a defendant...