Justia U.S. 11th Circuit Court of Appeals Opinion Summaries

In August of 2020, Matthew Ostrander, a homeless fugitive, was arrested in Gainesville, Florida, for failing to register as a sex offender following a 2007 child pornography conviction. At the time of his arrest, Ostrander possessed four electronic devices, three of which contained 480 computer-generated images (CGI) of children involved in sexual activity. These images did not depict real children. Ostrander was charged with knowing possession of an obscene visual depiction of a minor engaging in sexually explicit conduct in violation of 18 U.S.C. § 1466A(b)(1), (d)(4).The United States District Court for the Northern District of Florida denied Ostrander's motion to dismiss the possession charge, ruling it was untimely and without merit. After a two-day trial, a jury found Ostrander guilty. Ostrander appealed, challenging the constitutionality of the statute and the sufficiency of the evidence and alleging prosecutorial misconduct.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that the statute was not facially unconstitutional, as it was neither overbroad nor vague. The court found that the statute's legitimate sweep outweighed any potential unconstitutional applications. The court also determined that the evidence was sufficient to sustain Ostrander's conviction, as a reasonable jury could find him guilty beyond a reasonable doubt based on the evidence presented. Finally, the court found no prosecutorial misconduct that would have affected the jury's verdict. The Eleventh Circuit affirmed Ostrander's conviction. View "U.S. v. Ostrander" on Justia Law

Lucious Boyd, a Florida prisoner sentenced to death for first-degree murder, sexual battery, and armed kidnapping, filed a federal habeas corpus petition under 28 U.S.C. § 2254 after a series of unsuccessful state collateral attacks. The district court held an evidentiary hearing on Boyd's claim that his Sixth and Fourteenth Amendment rights were violated due to a juror's undisclosed criminal history. The juror, Tonja Striggles, admitted her criminal history and disclosed additional information, but Boyd did not amend his petition to include these new disclosures. The district court denied Boyd's habeas petition on the merits and granted a certificate of appealability, leading Boyd to appeal.While his appeal was pending, Boyd moved in the district court to amend his habeas petition under Rule 15(a)(2) or, alternatively, to reopen his habeas proceedings under Rule 60(b)(6), citing new evidence from Striggles's testimony. The district court characterized Boyd's motion as a second or successive habeas petition, requiring preauthorization from the Eleventh Circuit Court of Appeals, which Boyd had not obtained. Consequently, the district court dismissed his motion.The United States Court of Appeals for the Eleventh Circuit reviewed the case and affirmed the district court's decision. The court held that once a district court has entered a final judgment on a habeas petition, any new filing seeking to relitigate the same claims is considered a second or successive petition under 28 U.S.C. § 2244(b). The court also noted that an appeal transfers jurisdiction to the appellate court, preventing the district court from amending the petition or reopening the case. Boyd's failure to obtain the necessary preauthorization from the appellate court meant that the district court correctly dismissed his motion. View "Boyd v. Secretary, Department of Corrections" on Justia Law

In 2007, Luis Fernandez and others conspired to rob a fictional cocaine stash house set up by law enforcement. They were arrested en route to the stash house with loaded firearms. Fernandez was indicted on multiple charges, including conspiracy and attempt to possess cocaine, conspiracy and attempt to commit Hobbs Act robbery, and carrying a firearm in furtherance of a crime of violence or drug trafficking crime under 18 U.S.C. § 924(c). The jury found him guilty of the Hobbs Act charges and the § 924(c) charge but acquitted him of the drug-related charges. He was sentenced to 360 months in prison.Fernandez's direct appeal was unsuccessful. In 2016, he filed a motion under 28 U.S.C. § 2255 to vacate his sentence, arguing that his § 924(c) conviction was invalid under Johnson v. United States, which invalidated the residual clause of the Armed Career Criminal Act (ACCA). The district court denied the motion as untimely and procedurally defaulted. In 2020, Fernandez sought to file a second § 2255 motion based on United States v. Davis, which invalidated § 924(c)’s residual clause. The Eleventh Circuit granted his motion, acknowledging that his conviction might be unconstitutional under Davis.The United States Court of Appeals for the Eleventh Circuit reviewed Fernandez's appeal. The court held that Fernandez could not prove that his § 924(c) conviction rested solely on the residual clause, as required by Beeman v. United States. The court noted that the jury's general verdict did not specify which predicate offense supported the § 924(c) conviction. Additionally, the court found that the legal landscape at the time of Fernandez's conviction did not clearly establish that only the residual clause could support his conviction. Consequently, the court affirmed the district court's denial of Fernandez's § 2255 motion. View "Fernandez v. United States" on Justia Law

Jesse Guardado confessed to the Walton County Sheriff’s Office that he had robbed and murdered Jackie Malone. He pleaded guilty without a plea agreement or counsel, and was later appointed counsel for the penalty phase. A jury recommended the death penalty, and the state trial court sentenced him to death. Guardado filed a habeas corpus petition, arguing ineffective assistance of counsel for failing to investigate and present mitigating evidence and for not challenging biased jurors.The Florida Supreme Court affirmed the trial court's decision, finding no prejudice from counsel's performance. The court determined that the additional mitigating evidence presented during postconviction proceedings was cumulative of the evidence presented at trial. It also found no actual bias in the jurors that Guardado claimed should have been challenged.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court found that the Florida Supreme Court unreasonably applied Strickland v. Washington by using a stricter "actual bias" standard instead of the reasonable probability standard for prejudice. However, upon de novo review, the Eleventh Circuit concluded that Guardado failed to show a substantial likelihood of a different outcome if the jurors had been challenged or if additional mitigating evidence had been presented. The court affirmed the denial of habeas relief. View "Guardado v. Secretary, Florida Department of Corrections" on Justia Law

Christopher Redding was wanted for parole violations related to robbery charges and was classified as a "Violent Felony Offender of Special Concern." On February 28, 2017, police officers, including Deputy Jason Popovich, attempted to arrest Redding at an apartment complex. Redding did not comply with the officers' commands and instead started shooting, injuring one officer. He fled, dropping his gun during the chase. Eventually, Redding was shot multiple times and fell to the ground. As officers, including Popovich, approached him, Redding made a sudden movement, prompting Popovich to shoot him twice in the head, resulting in Redding's death.The United States District Court for the Middle District of Florida granted summary judgment in favor of Popovich on qualified immunity grounds. The court found that while there was a genuine issue of fact regarding whether Popovich's use of force was objectively reasonable under the Fourth Amendment, Franklin, representing Redding's estate, failed to show that Popovich violated clearly established law. The court concluded that a reasonable officer could believe Redding's sudden movement was an attempt to fight back, distinguishing the case from precedents cited by Franklin.The United States Court of Appeals for the Eleventh Circuit reviewed the case and affirmed the district court's decision. The appellate court concluded that there was no genuine dispute of fact that Popovich did not know Redding was unarmed. Given the severity of Redding's crimes, his recent shootout with police, and his sudden movement, a reasonable officer could have believed Redding posed a threat. Therefore, Popovich's use of deadly force did not violate the Fourth Amendment, and Franklin failed to show that Popovich's actions violated clearly established law. Consequently, Popovich was entitled to qualified immunity. View "Franklin v. Popovich" on Justia Law

A nominee for Lieutenant Governor in Georgia and the Libertarian Party of Georgia challenged a state law that allows only certain political parties to form "leadership committees" capable of accepting unlimited campaign contributions. The Libertarian Party, classified as a "political body" under Georgia law, was excluded from forming such committees, which they argued violated their First Amendment and Equal Protection rights.The United States District Court for the Northern District of Georgia denied the plaintiffs' motion for a preliminary injunction. The court found that the plaintiffs lacked standing because their alleged injury was not traceable to the defendants and could not be redressed by the requested relief. The court also noted that the plaintiffs failed to show that the defendants had enforced or threatened to enforce the law against them. Additionally, the court concluded that the plaintiffs did not meet the prerequisites for a preliminary injunction.The United States Court of Appeals for the Eleventh Circuit reviewed the case and determined it was moot because the 2022 election had already occurred, and the nominee had lost. The court found that the plaintiffs' claims were specific to the 2022 election and did not present a live controversy. The court also rejected the plaintiffs' argument that the case fell under the "capable of repetition yet evading review" exception to mootness, as there was no reasonable expectation that the same controversy would recur involving the same parties.The Eleventh Circuit vacated the district court's judgment, dismissed the appeal, and remanded the case to the district court to dismiss it as moot. View "Graham v. Attorney General" on Justia Law

The case involves Johnnie Davis, who was convicted of committing multiple carjackings in Montgomery, Alabama. Before his trial, Davis sought to suppress evidence obtained through a geofence warrant that tracked his girlfriend’s phone and his inculpatory statements made after his arrest. He also argued that the government failed to prove his intent to cause death or serious harm during the carjackings. The district court denied his motions.The United States District Court for the Middle District of Alabama initially reviewed the case. Davis moved to suppress the evidence obtained from the geofence warrant and his post-arrest statements, arguing that the warrant was invalid and that he should have been presented to a federal magistrate judge before being interviewed. The district court found that Davis lacked Fourth Amendment standing to challenge the geofence warrant and that the federal presentment requirements did not apply as he was in state custody. The court also found sufficient evidence of Davis’s intent to cause death or serious harm and denied his motion for judgment of acquittal.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that Davis lacked Fourth Amendment standing to challenge the geofence warrant because the search did not disclose any information about his own electronic device and only reflected his limited movements in public areas. The court also agreed with the district court that the federal presentment requirements did not apply since Davis was in state custody and there was no improper collusion between federal and state law enforcement. Finally, the court found that Davis’s use of a gun during the carjackings sufficiently established his intent to cause death or serious harm. The Eleventh Circuit affirmed the district court’s decisions. View "USA v. Davis" on Justia Law

A civilian, Clarissa Gilmore, was strip-searched while visiting her incarcerated husband at Smith State Prison in Georgia. During the search, officers manipulated her breasts, ordered her to bend over, and felt between her buttocks with a gloved hand. The officers did not inform her of the reasons for the search, and no contraband was found. Gilmore sued the officers and the Georgia Department of Corrections, claiming the search violated her Fourth Amendment rights.The United States District Court for the Southern District of Georgia granted summary judgment to the officers, finding that the search did not violate clearly established law and that the officers were entitled to qualified immunity. The court concluded that the officers acted within the scope of their discretionary authority and that there was no clearly established requirement for reasonable suspicion to conduct a strip search of a prison visitor.The United States Court of Appeals for the Eleventh Circuit reviewed the case and agreed that the strip search violated Gilmore’s Fourth Amendment rights. The court held that correctional officers must have at least reasonable suspicion that a visitor is concealing contraband before conducting a strip search. However, the court also found that no Supreme Court or Eleventh Circuit precedent expressly prohibited suspicionless strip searches of prison visitors at the time of the search. As a result, the law was not clearly established, and the officers were entitled to qualified immunity. The Eleventh Circuit affirmed the district court’s grant of summary judgment. View "Gilmore v. Georgia Department of Corrections" on Justia Law

The case involves two groups of Montgomery residents who were jailed for failing to pay traffic fines. They sued the City of Montgomery, a private contractor (Judicial Correction Services, Inc.), and a lawyer (Branch D. Kloess), alleging that the process of converting fines into jail sentences violated the U.S. Constitution and Alabama law. The plaintiffs sought to certify their claims as class actions, arguing that the City and its contractors systematically failed to conduct proper inquiries into their ability to pay before jailing them.The U.S. District Court for the Middle District of Alabama denied class certification in both cases. The court found that the plaintiffs failed to meet the requirements of Federal Rule of Civil Procedure 23, particularly the predominance and superiority requirements under Rule 23(b)(3). The court concluded that the claims would require individualized inquiries into each probationer's circumstances, such as whether they were given proper hearings and whether the City or its contractors acted wrongfully or in bad faith.The United States Court of Appeals for the Eleventh Circuit reviewed the district court's decision. The appellate court affirmed the lower court's denial of class certification. It agreed that the plaintiffs' claims necessitated individualized proof, making it difficult to resolve the issues on a class-wide basis. The court emphasized that the evidence required to prove the claims, such as records of what happened at individual probation hearings, was not available on a common, class-wide basis. The court also noted that the plaintiffs' claims involved a variety of individual incidents rather than a single, systemic issue that could be addressed collectively.In summary, the Eleventh Circuit held that the district court did not abuse its discretion in denying class certification, as the plaintiffs' claims required individualized inquiries that did not satisfy the predominance requirement of Rule 23(b)(3). The decision to deny class certification was affirmed. View "Carter v. The City of Montgomery" on Justia Law

Police officers responded to a 911 call about a suspicious individual in a residential neighborhood. Officer Sanchez encountered Victor Grandia Gonzalez, who matched the description given by the complainant. Gonzalez was walking in the street, wearing dark clothing, and carrying a backpack. He appeared nervous and sweaty. Officer Exantus, after speaking with the complainant, learned that Gonzalez had been seen looking into mailboxes and concealing himself between cars. Upon arrival, Exantus patted down Gonzalez and found scissors. Gonzalez admitted to living out of his car and showed a photo of his ID listing a home county 30 minutes away. Based on these observations and the complainant’s report, Gonzalez was arrested for loitering and prowling. A search of his backpack revealed stolen mail.The United States District Court for the Southern District of Florida denied Gonzalez’s motion to suppress the mail evidence and statements, finding that the officers had probable cause for the arrest. Gonzalez pleaded guilty to one count of possessing stolen mail but reserved the right to appeal the suppression ruling. He was sentenced to time served and two years of supervised release.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that the Fourth Amendment does not require a misdemeanor to occur in an officer’s presence for a warrantless arrest. The court found that the officers had probable cause to arrest Gonzalez for loitering and prowling under the totality of the circumstances, including the complainant’s report and the officers’ observations. The court affirmed the district court’s judgment. View "USA v. Gonzalez" on Justia Law