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Federal Courts -
11th Circuit Court of Appeals - April 11, 2007
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Chaney v. City of Orlando, No. 06-12647,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 11, 2007, Decided , April 11, 2007, Filed
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Overview: In a § 1983 case, a district court's grant of a police officer's Fed. R. Civ. P. 50(b) motion for judgment as a matter of law was reversed, and the case was remanded, because the district court placed undue weight on the findings of a jury as to probable cause for an allegedly wrongful arrest.
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Lowery v. Ala. Power Co., Nos. 06-16324 & 06-16325,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 11, 2007, Decided , April 11, 2007, Filed
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Overview: Defendants, in an action based on Alabama tort law regarding discharge of particulates and gases in atmosphere and ground water, failed to show by the preponderance of evidence that removal was proper by establishing that complaint met the $5,000,000 aggregate amount in controversy for diversity jurisdiction under Class Action Fairness Act of 2005.
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United States v. Garey, No. 05-14631,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 11, 2007, Decided , April 11, 2007, Filed
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Overview: District court improperly found that defendant voluntarily, knowingly, and intelligently waived his Sixth Amendment right to counsel for his trial related to bomb threats because his actions were not clear and unequivocal that he desired to proceed pro se and his actions were insufficient to invoke his Sixth Amendment right of self-representation.
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