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   Federal Courts - 11th Circuit Court of Appeals - March 29, 2007

  
Brye v. Sec'y for the Dep't of Corr., No. 06-11899 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 29, 2007, Decided , March 29, 2007, Filed
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Overview: A district court's sua sponte dismissal of a pro se inmate's habeas corpus petition for failing to comply with M.D. Fla. Gen. R. 1.03(e) was vacated, and the petition was remanded since the district court abused its discretion when it dismissed the petition without giving the inmate notice of Rule 1.03(e) and allowing him an opportunity to comply.

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Crawford v. City of Fairburn, No. 06-13073, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 29, 2007, Decided , March 29, 2007, Filed
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Overview: Employee's 42 U.S.C.S. § 2000e-3(a) claim failed; even if some evidence tended to show that he was fired for participating in investigation regarding internal complaint of sexual harassment, employee failed to show that city's nondiscriminatory reasons for firing him, such as failure of one of employee's programs, were pretext for retaliation.

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Cuellar v. United States AG, No. 06-14702 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 29, 2007, Decided
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Overview: An alien's petition for reviews was denied because substantial evidence support the finding that her testimony was not credible; the BIA found several inconsistencies between the alien's asylum application, her interview with the asylum officer, and her testimony before the IJ.

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Duran v. Walker, No. 06-15758 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 29, 2007, Decided , March 29, 2007, Filed
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Overview: In absence of semen evidence, victim's testimony and medical evidence were sufficient to show that inmate violated O.C.G.A. §§ 16-6-1(a)(1), 16-6-22.2(b). Even if counsel erred in not calling expert to testify that inmate was intoxicated by paint fumes when he spoke with police, inmate was not prejudiced; his statements were knowing and voluntary.

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KH Outdoor, L.L.C. v. Clay County, No. 06-11070, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 29, 2007, Decided , March 29, 2007, Filed
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Overview: Sign companies lacked standing under U.S. Const. art. III, § 2, to challenge sign ordinance because they failed to show redressability in that a favorable decision for companies regarding the challenged provisions would not allow them to build proposed signs in that permit applications failed to comply with Fla. Stat. § 489.127 and Fla. Bldg. Code.

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Nat'l Viatical, Inc. v. Oxendine, No. 06-12951, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 29, 2007, Decided , March 29, 2007, Filed
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Romano v. Porsche Club of Am., Inc., No. 06-14419 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 29, 2007, Decided , March 29, 2007, Filed
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Rong Ying Chen v. United States AG, No. 06-15569 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 29, 2007, Decided , March 29, 2007, Filed
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Overview: Petition for review of BIA order affirming denial of application for asylum was denied, as alien did not establish her claimed injuries were inflicted because of her political opinion or her membership in identifiable social group, 8 U.S.C.S. § 1101(a)(42)(A). At best, evidence indicated she left China to avoid abusive father and unwanted marriage.

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Saavedra v. United States AG, No. 06-14189 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 29, 2007, Decided , March 29, 2007, Filed
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Overview: A Colombian national's petition for review of the BIA's denial of his asylum petition was denied because he failed to show past persecution under 8 U.S.C.S. § 1101(a)(42)(A) based on threats made against him by a guerilla group due to his political activism and one incident in which his car was shot at while in a guerilla-held neighborhood.

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Tatroe v. Wheeler, No. 06-12184, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 29, 2007, Decided , March 29, 2007, Filed
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