Case law

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  • United States v. Glenn G. Goetz, A/K/A "Glenn G. Getz" United States of America v. James Calvin Perkins

    746 F.2d 705 · Court of Appeals for the Eleventh Circuit · Nov 13, 1984

    The rule is firmly established that the trial judge cannot direct a verdict in favor of the government for all or even one element of a crime. … The responsibility to find the second element of the offense was clearly the jury’s under the charge as given. Id. (citations omitted).

    Cited 41 timesPublished
  • Adventure Outdoors, Inc. v. Michael Bloomberg

    552 F.3d 1290 · Court of Appeals for the Eleventh Circuit · Dec 19, 2008

    Court highlighted several factors that supported the exercise of jurisdiction in Grable: “The dispute there centered on the action of a federal agency (IRS) and its compatibility with a federal statute, the question qualified … The facts of this case clearly trigger the Hepps rule as expressed by the Supreme Court of Georgia in Mathis.

    Cited 251 timesPublished
  • United States v. Rodney Leroy Brown

    Court of Appeals for the Eleventh Circuit · Sep 9, 2026

    Brown argues that under plain error review, Smith is clearly on point and demonstrates that Aguilar’s testimony violated the Confrontation Clause. … As a result of this error, Brown received an enhancement for which he otherwise would not have qualified.

    Cited 0 timesPublished
  • Original Appalachian Artworks, Inc. v. The Toy Loft, Inc.

    684 F.2d 821 · Court of Appeals for the Eleventh Circuit · Sep 3, 1982

    The record clearly establishes, for example, that it was not until February 1978 that Roberts had a doll which he considered suitable as a pattern for all future dolls. … According to our prior precedents, this finding is factual and must be upheld unless clearly erroneous. Dallas Cap & Emblem, supra, 510 F.2d at 1012 . The finding is not clearly erroneous.

    Cited 17 timesPublished
  • Terry Properties, Inc. v. Standard Oil Co. (Ind)

    799 F.2d 1523 · Court of Appeals for the Eleventh Circuit · Sep 24, 1986

    As was the policy and practice in Roanoke, the Council did not require that a buffer zone be established between this property and the Hillcrest Community. … They complain that Amoco Fabrics was not required to establish a buffer zone between Roanoke Mills and Hillcrest Community, yet the Terrys were not required to establish a buffer zone between the Terry Manufacturing Company

    Cited 3 timesPublished
  • United States v. Jackson

    544 F.3d 1176 · Court of Appeals for the Eleventh Circuit · Oct 7, 2008

    The Court listed fifteen salient facts “that clearly establish[ed] that a rational juror would find beyond a reasonable doubt that Mr. … Taking the last argument first, the trial evidence, as the panel in the first appeal of Jackson’s case observed, “clearly establish[ed] that a rational juror would find beyond a reasonable doubt that Mr.

    Abrogated on other grounds by United States v. Michael Francis DiFalco, 837 F.3d 1207 (2016)Cited 19 timesPublished
  • Harris v. Garner

    190 F.3d 1279 · Court of Appeals for the Eleventh Circuit · Sep 30, 1999

    If it did, we would have to rule unconstitutional our doctrines of absolute and qualified immunity. We therefore join the Seventh and D.C. … To argue that these cases establish some general right to a damages remedy for every claimed constitutional violation, however, is to sweep too broadly.

    Cited 0 timesPublished
  • Joseph Richard Redner v. Charles S. Dean, Sheriff of Citrus County, Florida, Robert A. Butterworth

    29 F.3d 1495 · Court of Appeals for the Eleventh Circuit · Aug 26, 1994

    Immunity from Prosecution. … The second interpretation of "prompt judicial review" has been articulated most clearly by the Seventh Circuit in Graff v.

    Cited 81 timesPublished
  • Loyd P. Cadwell v. Kaufman, Englett & Lynd, PLLC

    886 F.3d 1153 · Court of Appeals for the Eleventh Circuit · Mar 30, 2018

    Among those provisions is 11 U.S.C. § 526(a), which “establishes several rules of professional conduct for persons qualifying as debt relief agencies,” including lawyers. Id. at 233. … That makes little sense, it seems to us, particularly in light of other provisions of the Bankruptcy Code that clearly contemplate that attorneys will get paid for bankruptcy-related services.

    Cited 8 timesPublished
  • SEC v. Unique Financial Concepts

    196 F.3d 1195 · Court of Appeals for the Eleventh Circuit · Nov 18, 1999

    Thus, in order to qualify as an investment contract, “it is enough that the [parties] merely offer the essential ingredients of an investment contract.” Howey, 328 5 In Bonner v. … This language clearly presents an offer for an investment in a common enterprise and thus supports the common enterprise prong of the Howey test.6 2.

    Cited 3 timesPublished
  • Susan Lee Weissinger v. James C. White

    733 F.2d 802 · Court of Appeals for the Eleventh Circuit · Jun 1, 1984

    The foregoing authority clearly expresses the historical policy of federal deference to state taxing power. … of the current use value of any eligible taxable property and procedures for qualifying such property for assessment at its current use value. 6 .

    Cited 15 timesPublished
  • United States v. Barner

    572 F.3d 1239 · Court of Appeals for the Eleventh Circuit · Jun 29, 2009

    Indeed, prior to the holding in Bank of Nova Scotia we had held that, even if a grand jury heard immunized testimony, an indictment would not be dismissed if the use of the prohibited evidence was harmless. … It is well-established that, “[t]o punish a person because he has done what the law plainly allows him to do is a due process violation of the most basic sort.” United States v.

    Cited 112 timesPublished
  • United States v. John Hoang CAO

    220 F. App'x 902 · Court of Appeals for the Eleventh Circuit · Mar 13, 2007

    A district court’s sentencing determinations of whether a defendant qualifies for a minor-role adjustment and whether a defendant possessed a firearm are findings of fact that we review for clear error. … Moreover, Officer Breedy noted that when Nguyen made the statements, they were made against his own interest, because he had not been given immunity. 8 1,000 pills on another

    Cited 1 timesUnpublished
  • Marquard v. Secretary for the Department of Corrections

    429 F.3d 1278 · Court of Appeals for the Eleventh Circuit · Nov 10, 2005

    We review the Florida courts’ legal conclusions to determine if they were contrary to, or involved an unreasonable application of, clearly established federal law. 28 U.S.C. § 2254(d)(1). … Thus, the Florida Supreme Court’s decision is not “contrary to” clearly established federal law. C.

    Cited 76 timesPublished
  • San Pedro v. United States

    79 F.3d 1065 · Court of Appeals for the Eleventh Circuit · Apr 9, 1996

    It is well established that the USAM only provides guidance to officials at the Department of Justice and does not have the force of law. U.S. v. … "clearly one of fact and must be resolved by the trier of fact." San Pedro Order of Aug. 23, 1993 at 5.

    Cited 32 timesPublished
  • Sobner Felix v. Key Largo Management Corp.

    Court of Appeals for the Eleventh Circuit · Oct 29, 2021

    “To establish a prima facie case of discrimination under the ADA, a plaintiff must show: (1) he is disabled; (2) he is a qualified individual; and (3) he was subjected to unlawful discrimi- nation because of his disability … standing, lift- ing, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working” as well as “the operation of a major bodily function, including but not limited to, functions of the immune

    Cited 0 timesUnpublished
  • United States v. Robison

    505 F.3d 1208 · Court of Appeals for the Eleventh Circuit · Oct 24, 2007

    a “navigable water” even if the jury also concluded that Avondale Creek flowed “only intermittently.”19 But under Justice Scalia’s test, that error may well have been harmless, because Wagoner, the EPA investigator, clearly … In other words, Robison certified that other qualified persons had prepared the documents and advised him of the documents’ accuracy.

    Cited 64 timesPublished
  • In Re Holywell Corporation, Debtor. (Two Cases) Fred Stanton Smith, as Trustee of the Miami Center Liquidating Trust v. United States of America, Holywell Corporation, Miami Center Limited Partnership, Miami Center Corporation, Chopin Associates, Theodore B. Gould, Shutts & Bowen, Intervenor, Bank of New York, Fred Stanton Smith, as Trustee of the Miami Center Liquidating Trust v. United States of America, Holywell Corporation, Miami Center Limited Partnership, Miami Center Corporation, Chopin Associates, Theodore B. Gould, Shutts & Bowen, Intervenor, Bank of New York

    911 F.2d 1539 · Court of Appeals for the Eleventh Circuit · Sep 18, 1990

    The bankruptcy court established January 15, 1985, as the claim bar date. The IRS, despite having notice of the proceedings, filed no claim. … A similar conclusion is clearly appropriate in this case. 22 Post-confirmation taxes are not recoverable as administrative expenses under 11 U.S.C. Sec. 503 . In United States v.

    Cited 1 timesPublished
  • United States v. Stephen Cometa

    966 F.3d 1285 · Court of Appeals for the Eleventh Circuit · Aug 3, 2020

    Counsel also qualified that when he said Cometa was competent before the first arraignment he had not reviewed Dr. … And it found that Cometa was “clearly physically and mentally capable of testifying” and was coherent and understood his rights, even though he was “pretending not to be able to.”

    Cited 7 timesPublished
  • United States v. Rosa Enedia Pazos Cingari

    952 F.3d 1301 · Court of Appeals for the Eleventh Circuit · Mar 17, 2020

    The government also points to the language of the Guidelines commentary, which states that the cross reference applies only when a defendant’s conduct qualifies as an offense “involving fraudulent conduct that is more aptly … the conduct established “an offense more aptly covered by another guideline.”

    Cited 42 timesPublished

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