Case law

United States v. David Yeg Hom

Court of Appeals for the Eleventh Circuit · Nov 15, 2013

A written Miranda waiver “is usually strong proof of the validity of that waiver, but is not inevitably either necessary or sufficient to establish waiver.” United States v. … Simple assault does not qualify as a felony under Florida law, so the conduct must rise to the level of an aggravated assault in order to qualify as a felony. Fla. Stat. § 784.011(2).

Andrew Nathan Worley v. Florida Secretary of State

717 F.3d 1238 · Court of Appeals for the Eleventh Circuit · Jun 14, 2013

However, the record before us is not sufficient to establish the nature and scope of Challengers’ activity. … Citizens Against Rent Control clearly recognizes the informational interest Florida advances before us. Challengers argue that the ballot issue case more on point is McIntyre v.

Edward Joaquin Cervantes Castro v. U.S. Attorney General

632 F. App'x 558 · Court of Appeals for the Eleventh Circuit · Nov 30, 2015

Burden of Proof To qualify for withholding of removal, an applicant must establish that his life or freedom would be threatened in his country of origin on account of the alien’s race, religion, nationality, membership … And contrary to Petitioner’s contentions on appeal, the record clearly reflects that the IJ was well aware of Petitioner’s wife’s consistent testimony, but she nonetheless still had concerns about the credibility and sufficiency

Gigi Danielle-Diserafino v. District School Board of Collier County, Florida

Court of Appeals for the Eleventh Circuit · Nov 29, 2018

The coworkers maintain that Danielle-DiSerafino clearly suffered side effects from the injury, and that the School Board did not accommodate her. … Rather, it concluded that she had not established a prima facie failure to accommodate case.

Patricia W. Buce v. National Service Industries

247 F.3d 1133 · Court of Appeals for the Eleventh Circuit · Apr 10, 2001

bar would undercut established principles of ERISA law. … In light of the broad preemptive scope of ERISA, the question of coverage . . . is clearly one of federal law.” Id. at 791.

Bowen v. First Family Financial

Court of Appeals for the Eleventh Circuit · Nov 22, 2000

(“But the word 'right' is one of the most deceptive of pitfalls; it is so easy to slip from a qualified meaning in the premise to an unqualified one in the conclusion.”). … West Suburban Bank, the Third Circuit addressed the language of § 1640 and explained that: Though the [TILA] clearly contemplates class actions, there are no provisions within the law that create

United States v. Daniel Posey, III

Court of Appeals for the Eleventh Circuit · Nov 17, 2022

“How- ever, a defendant’s mere presence in the area of [a firearm] or awareness of its location is not sufficient to establish possession.” United States v. … The district court’s finding is not clearly erroneous.

United States v. David E. Martinelli

454 F.3d 1300 · Court of Appeals for the Eleventh Circuit · Jul 10, 2006

Section 1952 lists a number of predicate crimes that qualify as unlawful activities, including “extortion, bribery, or arson” in violation of state or federal law. Id. § 1952(b)(2). … We described the instruction as “clearly flawed,” and explained that “a conviction was warranted only if the jury found beyond a reasonable doubt that the checks in question were proceeds from the federal offenses specified

Kaci C. Myers v. United States

Court of Appeals for the Eleventh Circuit · Sep 20, 2023

Nieves’s failures in this regard thus qualify as ordinary negligence. … The only alleged documentation error that possibly could qualify as admitted or ordinary negligence is Dr.

Bowen v. First Family Financial

Court of Appeals for the Eleventh Circuit · Nov 22, 2000

("But the word 'right' is one of the most deceptive of pitfalls; it is so easy to slip from a qualified meaning in the premise to an unqualified one in the conclusion."). … West Suburban Bank, the Third Circuit addressed the language of § 1640 and explained that: Though the [TILA] clearly contemplates class actions, there are no provisions within the law that create a right

United States v. Oscar Perez-Lopez

262 F. App'x 974 · Court of Appeals for the Eleventh Circuit · Jan 23, 2008

The district court abuses its discretion when its “decision rests upon a clearly erroneous finding of fact, an errant conclusion of law, or an improper application of law to fact.” Id. … In order to establish constitutional error under Brady, a defendant must show “(1) that the Government possessed evidence favorable to the defendant (including impeachment evidence); (2) that the defendant did not possess

United States v. Deshawn Kenneth

Court of Appeals for the Eleventh Circuit · Mar 30, 2022

James argues that he qualifies for compassionate re- lease because the statutory penalties he would face for his multi- ple § 924(c) convictions would be lower if he were sentenced to- day. … position is “clearly right as a matter of law.”

Ronnie Smith v. Thomasville Georgia

Court of Appeals for the Eleventh Circuit · Oct 2, 2018

out a prima facie case of racial discrimination based on a failure to promote, a plaintiff must establish “(1) that he is a member of a protected class; (2) that he was qualified for and applied for the promotion; (3) that … To establish a prima facie case on that type of claim, a plaintiff must show that he was paid less than a similarly situated member of a different race and that he was qualified to receive the higher wage.

United States v. Vance

494 F.3d 985 · Court of Appeals for the Eleventh Circuit · Aug 3, 2007

Root, 296 F.3d 1222, 1233 (11th Cir. 2002) that, under U.S.S.G. § 2A3.2 (2000),5 “an undercover officer playing the role of a minor victim qualifies as a victim, thereby making an actual victim unnecessary.” … Hogan, 986 F.2d 1364, 1369 (11th Cir. 1993) (“it is the firmly established rule of this Circuit that each succeeding panel is bound by the holding of the first panel to address an issue of law, unless and until that holding

Aldora Aluminum & Glass Products, Inc. v. Poma Glass & Specialty Windows, Inc.

683 F. App'x 764 · Court of Appeals for the Eleventh Circuit · Mar 27, 2017

The record reveals the parties did not even discuss how the complex commercial lease transition could be accomplished and conclusively establishes the parties did not “mutual[ly] assent to a certain and definite proposition … Here, the MOU simply lacks “sufficient specification of the essential terms” to qualify as an enforceable agreement under Florida law. Vega, 564 F.3d at 1272.

Azizova v. U.S. Attorney General

442 F. App'x 531 · Court of Appeals for the Eleventh Circuit · Oct 13, 2011

The asylum applicant bears the burden of proving that he qualifies as a “refugee.” 8 C.F.R. § 208.13(a). … Because this standard is more stringent than the standard for asylum, an alien who fails to 7 establish eligibility under the refugee status is generally precluded from qualifying

City of Miami v. Bank of America Corporation

801 F.3d 1268 · Court of Appeals for the Eleventh Circuit · Sep 1, 2015

The City has said enough to establish Article III standing. 7 2. … And tax laws and zoning ordinances are quite clearly not direct benefits conferred on Bank of America: they are laws of general applicability that, indeed, apply to all residents of Miami.

T.D.S. Incorporated v. Shelby Mutual Insurance Company

760 F.2d 1520 · Court of Appeals for the Eleventh Circuit · May 24, 1985

Wilson that he was not qualified to represent anyone in a case involving arson, and that he wished only to assist TDS in preparing its proof of loss. Mr. Vandroff also told Mr. … to be established beyond a reasonable doubt, that it is sufficient that it be established by the greater weight of the evidence. 272 10.

Richard Cooper v. Secretary, DOC

Court of Appeals for the Eleventh Circuit · Jul 21, 2011

Wood opined that the gunshot wounds were intermediate range shots, in the range of three to eight feet. 10  FBI Special Agent Robert Siebert testified as a qualified expert … Even affording that decision AEDPA-deference, we conclude it is contrary to, or an unreasonable application of, clearly established federal law as set out in Strickland.

BVS Acquisition Co., LLC v. Rory A. Brown

649 F. App'x 651 · Court of Appeals for the Eleventh Circuit · Apr 28, 2016

Likewise well-established is the proposition that indemnification clauses are similarly “subject to the general rules of contractual construction.” Dade Cty. Sch. Bd. v. … Second, broad but general language is insufficient to qualify as an express statement to that effect.