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Federal Courts -
11th Circuit Court of Appeals - March 13, 2006
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Hills v. Washington, No. 04-14292,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2006, Decided , March 13, 2006, Filed
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Overview: While Ga. Sup. Ct. R. 40 (2005) opted out of the certiorari requirement for exhaustion in Georgia courts, and was not in effect during the inmate's direct appeal process and he had not sought certiorari, the Georgia Attorney General could waive the procedural bar; the petition was remanded for the district court to consider the federal issues.
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Sepulveda v. Burnside, No. 04-10241,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2006, Decided , March 13, 2006, Filed
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Overview: District court erred in granting summary judgment to detention officer in inmate's suit alleging violations of U.S. Const. amends. I, VIII where officer violated policy and placed inmate and prisoner into common area together, prisoner assaulted inmate, and evidence tended to show that officer knew that prisoner posed threat to inmate's safety.
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United States v. Brown, No. 04-10325,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2006, Decided , March 13, 2006, Filed
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Overview: District court did not err by refusing to suppress defendant's pre-arrest confession that he gave at his girlfriend's house because the fact that the police confiscated his shoes, standing alone, could not convert a noncustodial situation into a custodial arrest, as defendant was repeatedly told that he was not under arrest and was free to leave.
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