Case law

Jesse E. Brannen, III, P.C. v. United States

682 F.3d 1316 · Court of Appeals for the Eleventh Circuit · Jun 7, 2012

. § 9701, agencies are permitted to promulgate regulations that establish a charge for a service or thing of value that the agency provides. … And we readily conclude that the benefit – the privilege of preparing tax returns for others for compensation – is the kind of “special benefit” that qualifies under New England Power.

United States v. Bueno-Sierra

99 F.3d 375 · Court of Appeals for the Eleventh Circuit · Nov 12, 1996

We therefore conclude that the sentencing determination has ample support in the record and is not clearly erroneous. … Thus, the trial court did not clearly err in Marin-Garcia's sentence. III.

John F. Dawson v. Roger Scott, Warden

50 F.3d 884 · Court of Appeals for the Eleventh Circuit · Apr 6, 1995

To interpret a statute administered by an agency, the Chevron court established “a two-step process.” Jaramillo v. I.N.S., 1 F.3d 1149, 1152 (11th Cir.1993) (en banc). … While the Supreme Court has established an expansive definition of custody to confer standing to bring a habeas action, encompassing release on personal recognizance, Hensley v.

Times Publishing Co. v. Department of Commerce

236 F.3d 1286 · Court of Appeals for the Eleventh Circuit · Jan 4, 2001

specifically exempted from disclosure by statute ..., provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes … Section 12(c) of the EAA clearly qualifies as an exemption statute for purposes of FOIA Exemption 3 and protects the specific information sought by Appellees. See Lessner v.

South Florida Chapter of the Associated General Contractors of America, Inc., Cross-Appellants v. Metropolitan Dade County, Florida, Cross

723 F.2d 846 · Court of Appeals for the Eleventh Circuit · Mar 22, 1984

foster participation of qualified Black contractors and subcontractors in the contract work. … The district court’s findings are binding unless clearly erroneous. F.R.Civ.P. 52(a). 3 . Resolution No. R-1672-81 is set out in full in the Appendix. 4 . Ordinance No. 82-67 is set out in full in the Appendix. 5 .

Dan Carmichael McCarthan v. Director of Goodwill Industries-Suncoast, Inc.

851 F.3d 1076 · Court of Appeals for the Eleventh Circuit · Mar 14, 2017

Gay, 251 F.3d 950 (11th Cir. 2001), that even “walkaway” escape qualified as a violent felony. Id. at 954-55. … That is, he could have made the argument that his prior convictions did not qualify him for an enhanced sentence under the statute.

William D. Hughley v. Upson County Board of Commissioners

696 F. App'x 932 · Court of Appeals for the Eleventh Circuit · May 24, 2017

Hughley failed to allege facts establishing that either the Board or the Judges qualified as an employer, as required to state a claim under Title VII and the Age Discrimination Act. … , or immunities secured by the Constitution and laws” of the United States, 42 U.S.C. § 1983.

Sergeant Nathan D. Crisp v. The State of Georgia

Court of Appeals for the Eleventh Circuit · Aug 23, 2022

The qualified immunity analysis involves a two-part inquiry. Hadley v. … The second question is whether the constitutional or statutory right was clearly established. Id.

Tom L. Ashlock v. Conseco Services, LLC

381 F.3d 1251 · Court of Appeals for the Eleventh Circuit · Aug 26, 2004

In doing so, the court failed to specify what it thought the controlling question of law that qualified for interlocutory appeal was. … The burden of persuading us that a question of law meeting the requirements of § 1292(b) clearly is presented is on the petitioning party, and the Conseco defendants have not carried that burden.

Johnny Ray Ogle v. Warden Curtis Johnson

488 F.3d 1364 · Court of Appeals for the Eleventh Circuit · Jun 15, 2007

proceedings: This is not to say that a general allegation of ineffective assistance or a specific allegation of ineffective assistance wholly unrelated to the ground on which the claim ultimately depends will immunize … Ogle’s unexhausted claim for ineffective assistance (Issue 7) clearly could not be raised in a successive state habeas petition and is procedurally defaulted under Georgia law.

Lester J. Smith v. Gregory Dozier

Court of Appeals for the Eleventh Circuit · Sep 22, 2021

It was not clearly erroneous for the district court to find that the GDOC did not meet its burden to establish safety, security, and manageability concerns with respect to shorter beards, but did with respect to untrimmed … The majority opinion never rejects these findings as clearly erroneous.

Bernard Depree v. A.G. Thomas, Warden and Michael J. Bowers

946 F.2d 784 · Court of Appeals for the Eleventh Circuit · Nov 5, 1991

I will rule that the gentleman is qualified as a juror. … We cannot conclude that the district court, in evaluating this evidence, was clearly erroneous.

WM Mobile Bay Environmental Center, Inc. v. The City of Mobile Solid Waste Authority

972 F.3d 1240 · Court of Appeals for the Eleventh Circuit · Aug 26, 2020

Code § 6-9-1; see also id. §§ 6-9-20 to -27 (establishing the process for issuance of writs). … Div., 301 So. 2d 74, 76 (Ala. 1974) (finding that, while public corporations may enjoy certain immunities from taxation, they are separate from the political subdivision that established them and, therefore, Alabama’s public

Kelvin Leon Jones v. Governor of Florida

975 F.3d 1016 · Court of Appeals for the Eleventh Circuit · Sep 11, 2020

States are certainly free to establish such a process—indeed, Florida has done so through its preregistration advisory-opinion process and accompanying immunity from criminal prosecution. … The Plaintiffs here have clearly established such a protected interest. All agree that the right to vote is a fundamental right protected by the Fourteenth Amendment. See, e.g., Reynolds v.

Gary Ray Bowles v. Ron Desantis, Governor

934 F.3d 1230 · Court of Appeals for the Eleventh Circuit · Aug 19, 2019

Section 1983 provides a private cause of action against any person who, under color of state law, deprives a person of "any rights, privileges, or immunities secured by the Constitution and laws" of the United States. 42 … When legislating against that backdrop, if Congress intends to allow federal interference into areas traditionally reserved to the states, it speaks clearly and unequivocally.

Bryan Ray v. Spirit Airlines, Inc.

767 F.3d 1220 · Court of Appeals for the Eleventh Circuit · Sep 23, 2014

Quite simply, the two laws are not irreconcilably in conflict, nor was the ADA clearly intended as a substitute for RICO. … Sometimes a defendant’s actions may qualify both as unfair and deceptive advertising under the FAA and as mail or wire fraud under federal criminal statutes.

United States v. Hilarion Alfonso Marin-Navarette

244 F.3d 1284 · Court of Appeals for the Eleventh Circuit · Mar 23, 2001

Marin-Navarette also posits that when Congress amended section 1101(a)(43), it did not make clear its intent to change the long-established rule that only crimes with penalties over one year are felonies. … Thus, Congress clearly intended to include these heinous acts as aggravated felonies.

United States v. Leonardo Mendoza-Cecelia, Terry Lee Greenberg, Hector Favio Marin-Hernandez

963 F.2d 1467 · Court of Appeals for the Eleventh Circuit · Jun 24, 1992

Having indicated a “possible desire” for an attorney, see id., Greenberg made a qualifying equivocal indication. … Note 2 also states that qualifying predicate offenses include attempted crimes of violence. See U.S.S.G. § 4B1.1, Application Note 2.

United States v. Thayer

204 F.3d 1352 · Court of Appeals for the Eleventh Circuit · Mar 3, 2000

Clearly, the evidence was sufficient to prove that she was the principal in a conspiracy that engaged in extensive mail and wire fraud. … Clearly, the evidence was sufficient for the jury to convict Storace.

Syndney Carson Oakes v. Sergeant K.L. Anderson

494 F. App'x 35 · Court of Appeals for the Eleventh Circuit · Oct 23, 2012

The district court concluded that the officers’ actions were objectively reasonable, and therefore there was no constitutional violation and the officers were protected by qualified immunity. … Tatangelo, 338 F.3d 1259, 1264, 1275 (11th Cir. 2003) (granting qualified immunity where officers shot at men whom the officers reasonably believed had cocked a gun and were aiming it at another officer, even though the