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| Dadeland Depot, Inc. v. St. Paul Fire & Marine Ins. Co., No. 03-13540,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2007, Decided , April 12, 2007, Filed
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Overview: On rehearing, an appeals court vacated its attorney fee award to plaintiff that alleged that sureties acted in bad faith by refusing to settle its suit to collect on a performance bond; although awarding attorney fees before a final trial court judgment was premature under Fla. Stat. § 627.428, the appeals court conditionally awarded such fees.
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| Hargrove v. Solomon, No. 06-14471 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2007, Decided , April 12, 2007, Filed
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Overview: A district court's denial of an inmate's 28 U.S.C.S. § 2254 petition was affirmed because the inmate had not shown that the state court's decision that he had not been denied ineffective assistance of appellate counsel was not contrary to, or an unreasonable application of, relevant United States Supreme Court precedent governing such claims.
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| Magnotti v. Sec'y for the Dep't of Corr., No. 06-15397 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2007, Decided , April 12, 2007, Filed
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Overview: There was sufficient evidence to prove bank robbery under Fla. Stat. § 812.13(1) to deny habeas relief under 28 U.S.C.S. § 2254 because nothwithstanding prisoner's argument that his conduct was not expressly threatening, his conduct was sufficient to induce fear in mind of reasonable person in that he stated that it was a holdup and demanded money.
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| Mockeviciene v. United States AG, No. 06-12334 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2007, Decided , April 12, 2007, Filed
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Overview: Alien and daughter were not eligible for withhold of removal because they did not meet burden of proving past persecution or risk of future persecution under 8 C.F.R. § 208.16 where detentions, alleged beating, and illegal eviction due to sexual orientation were insufficient in that she failed to show that her life or freedom were ever in danger.
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| Porter v. White, No. 06-11769,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2007, Decided , April 12, 2007, Filed
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Overview: Although it was found in habeas proceeding that arrestee's rights were violated when prosecutor failed to disclose Brady materials consisting of police reports, arrestee's 42 U.S.C.S. § 1983 suit seeking damages for such due process violations failed as there was no evidence that sheriff and investigator purposefully failed to disclose the reports.
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| United States v. Ohayon, No. 05-17045,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2007, Decided , April 12, 2007, Filed
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Overview: Because a jury's verdict of acquittal on an attempted drug offense could not have been rationally based on any other issue than defendant's ignorance of the bags' contents, and a retrial of the mistried conspiracy count would have required proof beyond a reasonable doubt that he knew what was in the bags, dismissal of a conspiracy count was upheld.
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| United States v. Wright, No. 06-13133 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2007, Decided , April 12, 2007, Filed
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Overview: Defendant's conviction for violating 18 U.S.C.S. §§ 922(g)(1) and 924(a)(2) was affirmed because there was sufficient evidence to support the conviction; while defendant questioned the credibility of his fellow inmate's testimony, it was for the jury to decide whether to believe the testimony.
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