United States Eleventh Circuit - March 2002 Opinion Summaries

US v. TIMMONS

Criminal Law & Procedure, Sentencing
Defendant's conviction for possession of a handgun "in furtherance of" a drug trafficking crime reinstated; sentence for the drug offenses vacated and...

IVAX CORP. v. B. BRAUN OF AMERICA, INC.

Contracts, Corporation & Enterprise Law, Dispute Resolution & Arbitration
The district court erred in finding that defendant had waived its right to arbitration, and, because the dispute at issue falls within the scope of...

US v. MORRIS

Criminal Law & Procedure, Sentencing, Ethics & Professional Responsibility
Failure to advise defendant of the possibility of restitution before accepting his guilty plea did not impact his substantial rights, where he was...

BLANCHARD v. DELOACHE-POWERS

Because the plaintiffs are not deceased's son's biological children, and they have not been adopted, they are not considered deceased's son's...

NAT'L R.R. PASSENGER CORP. (AMTRAK) v. ROUNTREE TRANSP. AND RIGGING, INC.

Civil Procedure, Injury & Tort Law, Transportation
In a multi-faceted appeal involving the collision of a passenger train with a hauler rig transporting a combustion turbine, the court: 1) affirmed...

WALKER v. PRUDENTIAL PROP. AND CASUALTY INS. CO.

Civil Rights, Labor & Employment Law
Because plaintiffs produced no evidence that defendant discriminated against them, district court's grant of summary judgment affirmed; since...

VALENZUELA v. US

Criminal Law & Procedure, Evidence
Because a DEA agent's affidavit, which contained statements made in exchange for a promise of confidentiality, was admitted contrary to plaintiffs'...

US v. WHITESIDE

Criminal Law & Procedure, Government Benefits, Health Law
The court reversed the convictions in these consolidated appeals for fraud-related offenses because the government did not meet its burden of proving...

ST. GEORGE v. PINELLAS COUNTY

Civil Rights, Government Law
Where the complaint alleged that the defendant had no probable cause to believe the deceased had committed a felony, and that he fired two mortal...

MOON v. HEAD

Criminal Law & Procedure, Habeas Corpus
Habeas petition claiming ineffective assistance of counsel, improper admission of evidence, and violation of Eighth and Fourteenth Amendments, denied...