Update on Trump’s Coup: Do Not Think That This Is Guaranteed to End Well

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan explains why “being patient with Trump” is a recipe for disaster, why there are still reasons to be guardedly optimistic, and why this all could still end very badly. Buchanan argues that the present situation is not guaranteed end badly, but he cautions that a Trump coup is eminently possible.

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Senter v. United States

Docket: 18-11627

Opinion Date: November 13, 2020

Judge: Baker

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

Petitioner appealed the district court's denial of his 28 U.S.C. 2255 petition for writ of habeas corpus. The Eleventh Circuit granted a certificate of appealability and held that the district court violated Clisby v. Jones, 960 F.2d 925 (11th Cir. 1992) (en banc), by failing to address petitioner's claim that he no longer qualified as an armed career criminal in light of Johnson v. United States, 576 U.S. 591 (2015), because his prior 1988 Alabama conviction for attempted first-degree robbery has no state law elements. The court explained that Clisby requires a federal district court to resolve all claims for relief raised in a petition for writ of habeas corpus pursuant to section 2254, regardless of whether habeas relief is granted or denied. In this case, the district court never in the first instance resolved petitioner's claim that his attempted robbery conviction could not be a violent felony because, as an offense unrecognized by Alabama law, it has no elements at all. Accordingly, the court vacated the denial of the section 2255 petition without prejudice and remanded.

Tuomi v. Secretary, Florida Department of Corrections

Docket: 17-14373

Opinion Date: November 13, 2020

Judge: Branch

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

The Eleventh Circuit affirmed the district court's denial of the 28 U.S.C. 2254 habeas corpus petition. The court held that the district court did not err in concluding that petitioner was not denied his right to counsel when the state court accepted his motion to withdraw his guilty plea without first appointing him new counsel or providing him an opportunity to confer with counsel; the district court did not err in concluding that petitioner's appellate counsel was not ineffective for failing to argue he had been denied his right to counsel before withdrawing his guilty plea; and the district court did not err in concluding that petitioner's appellate counsel was not ineffective for failing to raise a claim that petitioner did not knowingly and voluntarily waive his right to counsel, in violation of Faretta v. California, 422 U.S. 806 (1975).