Latest 2 Cases: Farabee v. Clarke (Civil Rights), Owens v. Stirling (Civil Rights)

The Selfie Coup: How to Tell If Your Government Is Plotting to Overthrow Itself

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, describes how to tell whether a government is plotting to overthrow itself—a phenomenon he calles a “Selfie Coup.” Falvy explains the difference between a Selfie Coup and creeping authoritarianism by providing examples of both and argues that the more aware civil society is of the possibility of a Selfie Coup, the more likely it can prepare its defenses in time to prevent it.

Read More

Farabee v. Clarke

Dockets: 18-6648, 18–7225, 18–7228

Opinion Date: July 22, 2020

Judge: Roger L. Gregory

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

In consolidated appeals challenging the dismissal of petitioner's three habeas petitions, the Eleventh Circuit held that petitioner adequately alleged that his due process rights were violated by (1) inadequate notice of the basis for revoking his suspended sentence, (2) undue delay in seeking revocation based on the violation, and (3) incarceration when he was previously adjudged not guilty by reason of insanity and civilly committed to receive treatment in a mental health hospital. Accordingly, the court vacated the dismissals and remanded with instructions to the district court to consider the merits of petitioner's due process and ineffective assistance of counsel claims.

Owens v. Stirling

Docket: 18-8

Opinion Date: July 22, 2020

Judge: Albert Diaz

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Eleventh Circuit affirmed the district court's grant of summary judgment in favor of state officials on petitioner's 28 U.S.C. 2255 petition for writ of habeas corpus. The court held that the state postconviction court reasonably denied petitioner's exhausted Strickland claims on the grounds that capital sentencing counsel thoroughly investigated and presented his available evidence in mitigation, and did not neglect a viable Confrontation Clause objection to his disciplinary record. The court also held that the district court properly denied petitioner's Strickland claim as insubstantial under Martinez v. Ryan, 566 U.S. 1 (2012).