In 2010 the United States Court of Appeals for the Eleventh Circuit addressed a number of cases of significance to appellate practitioners, including cases presenting issues of apparent first impression for the Eleventh Circuit on questions of mootness and justiciability as well as a number of such cases dealing with the preservation of error. In addition, the Eleventh Circuit decided a number of interesting cases relating to interlocutory appeals of orders involving injunctive relief, to questions of the finality of judgments, and to the timeliness of the filing of a notice of appeal.
Perhaps the most interesting case from the standpoint of appellate practice and procedure, however, was Davis v. Terry, which raised a question of apparent national first impression: Does a court of appeals have jurisdiction over the appeal of a habeas petition that the Supreme Court of the United States has granted under its original jurisdiction to issue the writ? A close second is United States v. Irey, the first en banc decision of the Eleventh Circuit to reverse a sentence for substantive unreasonableness under the abuse of discretion standard of review articulated in Gall v. United States by the Supreme Court.
Accordingly, this Article will first discuss Davis and the other cases of note that relate to the Eleventh Circuit's appellate jurisdiction before turning to cases that address various procedural issues such as the preservation of error. The article will close with Irey's elaboration on the abuse of discretion standard of review for federal sentences.
Boliek, Robert G. Jr.
"Appellate Practice and Procedure,"
Mercer Law Review: Vol. 62
, Article 3.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol62/iss4/3