October 2015 RSS feed for this section

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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Eleventh Circuit Grants Summary Judgment for Police Officer in Fourth Amendment Claim Concerning a Terry-Like Stop

In Moore v. Pederson, No. 14-14201, 2015 WL 5438845 (11th Cir. Sept. 16, 2015), the Eleventh Circuit addressed an issue of first impression, holding that a stop (or equivalent conduct) under Terry v. Ohio, 392 U.S. 1 (1968), may not take place inside a person’s home without exigent circumstances. The court affirmed the district court’s […]

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Eleventh Circuit Upholds Dismissal of Habeas Corpus Petition

In Pineda v. Warden, No. 14-13772, 2015 WL 5521565 (11th Cir. Sept. 21, 2015), the Eleventh Circuit affirmed the lower court’s denial of the defendant’s petition for habeas under 28 U.S.C. § 2254 (1996). Section 2254(d) states that a federal court may only grant a habeas petition following a state court proceeding if the state […]

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Eleventh Circuit Adopts Second Circuit’s “Primary Beneficiary” Test to Determine Whether Students Are Employees Under Fair Labor Standards Act

In Schumann v. Collier Anesthesia, P.A., No. 14-13169, 2015 WL 5297260 (11th Cir. Sept. 11, 2015), the Eleventh Circuit adopted the Second Circuit’s “primary beneficiary” test to determine whether students and interns constitute “employees” for purposes of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“FLSA”) (2012). Plaintiffs, 25 former student registered […]

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Eleventh Circuit Crops Real Estate Tycoon Out of the Picture

In Katz v. Google, Inc., No. 14-14525, 2015 WL 5449883(11th Cir. Sept. 17, 2015), the Eleventh Circuit upheld the district court’s grant of summary judgment, finding that Irina Chevaldina’s use of Raanan Katz’s copyrighted, candid photograph of himself constituted fair use. Raanan Katz is a commercial real estate tycoon who owns and operates shopping centers. […]

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