Monday, February 23, 2015

Tuesday is en banc day at the 11th Circuit

There are three cases being heard en banc tomorrow in the 11th Circuit:

U.S. v. Alexander Roy (is it structural error when defense counsel is not present for a period of a trial -- panel said yes)

U.S. v. Quartavious Davis  (is a warrant required for cell site location data -- panel said yes)

Berry v. Leslie (did the SWAT team violate the 4th amendment for storming a barbershop for licensing violations -- panel said yes)

Should be interesting to see how the "new" 11th Circuit will address these three important cases.

Full Disclosure -- I am arguing for Mr. Davis in the second case. 


Anonymous said...

It will be a sad day if all three cases are reversed.

P. Guyotat said...

Good luck, David. That said, you've got an uphill battle and the leading Fourth Amendment scholar against you. The answer to Roy will be a resounding no to structural error. The final decision will in many respects be the most important, for it could make defeating qualified immunity even more difficult in this circuit. All decisions should give us more information on how Judges Julie Carnes and Jill Pryor view the law.

Anonymous said...

Good luck David.

Rumpole said...

This is a wild guess here but en banc 11th cir says "no" "no" and "no".

Anonymous said...

So, how did it go?

Literati said...

And how'd the other cases go, if you heard their arguments?