January 2014 RSS feed for this section

Eleventh Circuit Allows Habeas Petitioner to Bring §2241 Petition Pursuant to the Savings Clause of §2255(e)

In Mackey v. Warden, FCC Coleman-Medium, No. 12-14729 (Jan. 6, 2014), the Eleventh Circuit vacated a district circuit’s denial of a petitioner’s § 2241 petition, which was brought pursuant to the “savings clause” in 28 U.S.C. § 2255(e).  The Court applied the five requirements recently set forth in Bryant v. Warden, FCC Coleman-Medium, No. 12-11212, […]

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Eleventh Circuit Rejects Denial of Effective Assistance of Counsel for Criminal Defendant Sentenced to Death

LeCroy v. United States, No. 12-15132 (Jan. 15, 2014) involved an appeal of LeCroy’s conviction of taking a motor vehicle by force resulting in the death of another, for which LeCroy was sentenced to death. LeCroy appealed to vacate his death sentence pursuant to 28 U.S.C. § 2255, asserting a denial of effective assistance of […]

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Eleventh Circuit Upholds Warrantless Searches Against Fourth Amendment Challenge

In United States v. Yeary, the Eleventh Circuit affirmed the conviction of defendant Yeary on multiple narcotics possession with intent to distribute and firearm possession charges against the defendant’s appeal that the district court’s denial of a motion to suppress evidence obtained as a result of three warrantless searches (each resulting in the discovery by […]

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Eleventh Circuit Denies Habeas Petition for Recusal of Judge Coogler in Case Involving 1989 Murder of Circuit Judge Vance

In In re Moody, No. 13-12657 (Jan. 10, 2014), the Eleventh Circuit decided whether to grant a motion for recusal of all circuit, district, and magistrate judges within the Eleventh Circuit and whether to grant a writ of mandamus ordering the recusal of a randomly assigned federal judge, Judge Coogler. This case involves the defendant […]

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Eleventh Circuit Decides Alabama Constitution’s Property Tax System Not in Violation of Fourteenth Amendment Equal Protection

In I.L v. Alabama, No. 13-12351 (Jan. 22, 2014), the Eleventh Circuit considered a Fourteenth Amendment challenge to various sections of the Alabama Constitution that related to ad valorem property taxation and funding available to public schools. Plaintiffs, African and Caucasian minors in two Alabama counties, argued that the Alabama Constitution’s millage caps, along with […]

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Eleventh Circuit Finds No Duty to Pay Unfunded Liabilities to Unsecured Creditors Under ERISA

In Durango-Georgia Paper Co. v. H.G. Estate, LLC, No. 11-15079 (Jan. 7, 2014), the Eleventh Circuit decided whether the bankruptcy trustee of a corporation that is an Employee Retirement Income Security Act (“ERISA”) contributing sponsor may bring an action against the corporation’s former owner for liabilities arising from the termination of a pension plan. The […]

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Eleventh Circuit Recognizes Broad Reading of 28 U.S.C. 1782(a)’s Requirement of a Proceeding That is Within Reasonable Contemplation

In Application of Consorcio Ecuatoriano de Telecomunicaciones S.A. v. JAS Forwarding (USA), Inc., No. 11-12897 (Jan. 10, 2014), the Eleventh Circuit reconsidered their prior opinion in this case (685 F.3d 937 (11th Cir. 2012)) and sua sponte vacated that decision, now affirming that CONECEL’s contemplated suits in Ecuador satisfy the statutory requirements of 28 U.S.C. […]

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Eleventh Circuit Finds Attorney Negligence Not Qualified as Extraordinary Circumstance for Equitable Tolling of Limitations Period

In Cadet v. State of Florida Department of Corrections, No. 12-14518 (Jan. 31, 2014), the Eleventh Circuit determined the current test for equitable tolling of the one-year statute of limitations period within the Antiterrorism and Effective Death Penalty Act, 28 U.S.C. § 2244(d). This determination involved an interpretation of the two Supreme Court cases Holland […]

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