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.
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It will be a sad day if all three cases are reversed.
ReplyDeleteGood 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.
ReplyDeleteGood luck David.
ReplyDeleteThis is a wild guess here but en banc 11th cir says "no" "no" and "no".
ReplyDeleteSo, how did it go?
ReplyDeleteAnd how'd the other cases go, if you heard their arguments?
ReplyDeleteWhy is there still no decision in Roy's case? It's been two years.
ReplyDelete