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Unpublished" federal appellate decisions are published in the Federal Appendix. From 2000 to 2008, the U.S. Court of Appeals for the 4th Circuit had the highest rate of non-publication (92%), and more than 85% of the decisions in the 3rd Circuit, 5th Circuit, 9th Circuit, and 11th Circuit went unpublished. [6]
The "unpublished" opinions (of all but the Fifth and Eleventh Circuits) are published separately in West's Federal Appendix, and they are also available in on-line databases like LexisNexis or Westlaw. More recently, court decisions have also been made available electronically on official court websites.
Estate of Martin Luther King, Jr., Inc. v. CBS, Inc. (194 F.3d 1211 (11th Cir. 1999)) [1] is a United States court case that involved a longstanding dispute about the public domain copyright status of the text of Martin Luther King Jr.'s famous speech, known by the key phrase "I Have a Dream", originally delivered at the August 1963 March on ...
The Board of Immigration Appeals affirmed this decision, and Leocal sought review in the Eleventh Circuit. In an unpublished opinion, the Eleventh Circuit concluded that the DUI conviction was an "aggravated felony," and hence it had no jurisdiction to review the lawfulness of the deportation order. The U.S. Supreme Court agreed to review the case.
Such "unpublished" cases are ostensibly without value as precedent. However, the Supreme Court made a change to the Federal Rules of Appellate Procedure in 2006. Now, Rule 32.1 says that federal circuit courts are not allowed to prohibit the citation of unpublished opinions issued on or after January 1, 2007.
These districts were originally part of the Fifth Circuit, but were split off to form the Eleventh Circuit on October 1, 1981. [1] For this reason, Fifth Circuit decisions from before this split are considered binding precedent in the Eleventh Circuit. [2] [3] The court is based at the Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta ...
By demanding Cannon make a decision, the special counsel can appeal the judge and, if federal prosecutors decide, ask the 11th Circuit to remove her because of the appearance of bias.
In an unpublished opinion, the Eleventh Circuit Court rejected the idea of a national community standard, instead relying on a local one. [8] This has been interpreted [9] as proof that there is disagreement on whether the Ninth Circuit misinterpreted the Supreme Court's opinion. The Supreme Court has not directly weighed in on the matter since.