Wednesday, August 30, 2017

"We hold that neither robbery, armed robbery, nor use of a firearm in the commission of a felony under Florida law is categorically a 'violent felony.'"

"We hold that neither robbery, armed robbery, nor use of a firearm in the commission of a felony under Florida law is categorically a 'violent felony.'"  That was the 9th Circuit, acknowledging a split with the 6-5 en banc 11th Circuit case that the blog discussed last week.  HT: How Appealing.

I'm starting to think it would be more fun to practice out in California.

What do you all think about a judicial law clerk tweeting about a decision that his judge wrote while he was clerking.  Here's a string from Andrew Case about the Apraio trial and his thoughts on the pardon.
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7 comments:

  1. Anonymous10:44 AM

    It is inappropriate. He says, I am not going to comment about my conversations with the Judge, but still leaks all sorts of personal details about him and what is on his desk, etc.

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  2. Anonymous11:34 AM

    Inappropriate... he should've sent an anonymous email to his local federal blog. Isn't that what all good former clerks do?

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  3. Anonymous11:49 AM

    Appropriate. JA is slandering his judge and he's defending his judge. When JA is making unfounded accusations and threats against the judge, I'm glad the clerk is steppng up.

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  4. Anonymous11:52 AM

    How can robbery, etc., not be a violent felony. I hate the conservative crappie we get in the Eleventh, but seriously, if you commit a robbery or armed robbery, you are committing a violent felony. As for firearm in commission, I agree with the 9th.

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  5. Anonymous2:09 PM

    So 11:52 we should base a person's sentence of what a crime is called?

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  6. Anonymous8:43 AM

    The 9th circuit decision created and acknowledged a split with the 11th circuit's decisions in Fritts/Seabrooks/Lockley, not with the 11th circuit's more recent 6-5 en banc decision in Vail-Bailon (which dealt with felony battery, not robbery).

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  7. Anonymous9:28 AM

    The 9th Circuit decision also touched on two issues that have divided the SD FL. The court held that:

    1. A movant has a claim under Johnson if the record is unclear under which ACCA clause was used; and

    2. In assessing harmlessness the 2255 looks at the current state of the law.



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