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Eleventh Circuit Determines Petitioner’s Actions Constitute an “Affirmative Act of Concealment” in Misprision of a Felony Case

In United States v. Brantley, No. 13–12776, 2015 WL 5915894, (11th Cir. Oct. 9, 2015), the Eleventh Circuit further defined what constitutes an “affirmative act of concealment” in regard to the crime of misprision of a felony. On June 29, 2010, a Tampa police officer pulled over Courtnee Brantley’s car for a traffic violation. Brantley’s […]

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The Eleventh Circuit Rejects Head Football Coach’s Claim of Racial Discrimination

In Flowers v. Troup County School District, No. 14–11498, 2015 WL 6081186 (11 Cir. Oct. 16, 2015), the Eleventh Circuit affirmed the United States District Court for the Northern District of Georgia’s grant of summary judgment for the defendants, rejecting the plaintiff’s claims of discrimination. The plaintiff, the first African-American head football coach in Troup […]

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Legislative Privilege Found to Disallow Inquiry into Subjective Motives of Lawmakers

In In Re Hubbard, No. 13-10281, 2015 WL 5970399 (11th Cir. Oct. 14, 2015), the Eleventh Circuit held that the district court erred in refusing to quash subpoenas for documents sent to current Alabama Governor Robert Bentley, former Governor Bob Riley, Alabama House of Representatives Speaker Mike Hubbard, and Alabama Senate Pro Tempore Del Marsh […]

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Eleventh Circuit Defines “subscriber” Within the Context of the Video Privacy Protection Act

The Eleventh Circuit faced two issues of first impression concerning the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710 (2012) in Ellis v. Cartoon Network, Inc., No. 14-15046, 2015 WL 5904760 (11th Cir. Oct. 9, 2015). First, the court was tasked with determining who a “subscriber” (and therefore a “consumer”) is under the Act. […]

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Eleventh Circuit Upholds Acquittal of Margate City Commissioner

In United States v. McLean, No. 14-10061, 2015 WL 5607641 (11th Cir. Sept. 24, 2015), the Eleventh Circuit upheld the district court’s acquittal of David McLean, a former Margate city commissioner, on two counts of bribery. The Department of Justice may prosecute an agent of a local government who accepts “any thing of value of […]

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Eleventh Circuit Reverses District Court’s Sua Sponte Termination of the Defendant’s Restitution Obligation

In United States v. Puentes, No. 14-13587, 2015 WL 5781270 (11th Cir. Oct. 5, 2015), the Eleventh Circuit addressed “whether the Mandatory Victims Restitution Act gives a district court the authority to eliminate a defendant’s mandatory restitution obligation in exchange for the defendant’s substantial assistance under [Federal Rule of Criminal Procedure] 35(b).” (“MVRA”) 18 U.S.C. […]

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Eleventh Circuit Finds Insufficient Evidence to Determine Whether Attorney was Providing Legal Services in Offering Title Insurance Assistance

In Miss. Valley Title Ins. Co. v. Thompson, No. 12-16188, 2015 WL 5693118 (11th Cir. Sept. 29, 2015), the defendant appealed from the United States District Court for the Southern District of Alabama’s decision to grant the insurance company’s motion for partial summary judgment. The insurance company sued Thompson, an attorney agent, for breach of […]

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The Eleventh Hour: Gissendaner’s Stay of Execution Denied

Last month, Georgia was at the center of the national spotlight as Kelly Gissendaner, the only female Georgian on death row, was due for execution after being convicted of murdering her husband, Douglas Gissendaner in 1997. Prior to her death, the Eleventh Circuit heard Ms. Gissendaner’s appeal for a stay of execution. Gissendaner v. Comm’r, […]

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Eleventh Circuit Upholds Ineffective Assistance of Counsel Claim in Florida Habeas Case

In Hardwick v. Sec’y, Fla. Dep’t of Corr., No. 97-2319, 2015 WL 5474275 (11th Cir. Sept. 18, 2015) the Eleventh Circuit upheld the district court’s finding of an ineffective assistance of counsel claim under the Sixth Amendment standard set out in Strickland v. Washington, 466 U.S. 668 (1984). The State must now either grant John […]

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Eleventh Circuit Rejects Deputy’s First and Fourteenth Amendment Claims Against Sheriff

In Ezell v. Wynn, No. 13-15851, 2015 WL 5574811 (11th Cir. Sept. 23, 2015) the Eleventh Circuit affirmed the United States District Court for the Middle District of Georgia’s grant of summary judgment in favor of the defendants. The plaintiff, a Muscogee County deputy sheriff, brought First and Fourteenth Amendment claims under 42 U.S.C. § […]

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