Banana Republic or Legalistic Lawlessness?

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan reflects, based on current trends, on what the legal system in the United States will look in a few years. Specifically, Buchanan considers whether the country will become a “banana republic” or whether instead we will see a system of “legalistic lawlessness.”

Read More

Young v. Kenney

Docket: 20-5027

Opinion Date: February 19, 2020

Judge: Per Curiam

Areas of Law: Civil Procedure

On November 8, 2019, the district court entered judgment dismissing Young’s prisoner civil-rights complaint. A notice of appeal was due to be filed by December 9. Young’s notice of appeal was dated December 17 and filed on December 30. Young claimed that he did not see the judgment until November 21, because “he was placed on dry cell protocol” on October 22, and was transferred on October 30, and placed in the prison’s psychiatric unit. An attached exhibit confirmed the transfer. Young stated that inmates in the psychiatric unit are not permitted to have property in their possession. The Sixth Circuit remanded for a determination of whether Young has shown excusable neglect or good cause to warrant an extension of time for filing a notice of appeal. Both 28 U.S.C. 2107(c) and Federal Rule of Appellate Procedure 4(a)(5) provide for an extension of time where the party seeking such an extension files a motion asking for more time. While no particular form of words is necessary, a simple notice of appeal does not suffice. However, district courts must liberally construe a document that could reasonably be interpreted as a motion for an extension of time. Young’s notice of appeal effectively reads as a motion for an extension of time to file and will be treated as such.

United States v. Faber

Docket: 19-1575

Opinion Date: February 19, 2020

Judge: Deborah L. Cook

Areas of Law: Criminal Law

Faber pled guilty to receiving pornographic images of minors and was sentenced to prison. Faber transitioned to supervised release, with conditions barring him from possessing sexually explicit images and from possessing or using digital devices. Faber eventually moved into an apartment with Gieszer. Probation officers visited their apartment and discovered that Faber had electronic devices without permission, containing sexually explicit material. Gieszer denied that either he or Faber had any digital devices and tried to hide the devices. The district court sentenced Faber to another prison term followed by supervised release, with a condition that Faber not have contact with Gieszer. The Sixth Circuit affirmed. Meanwhile, Faber filed suit under 42 U.S.C. 1983 against his probation officer, alleging violation of his religious freedom by separating him from Gieszer (Faber’s spouse in their Wicca religion). The Sixth Circuit affirmed the dismissal of the suit. Faber unsuccessfully filed a motion under 28 U.S.C. 2255 and a second section 1983 suit. The district court again revoked Faber’s supervised release because he communicated with Gieszer by email and sentenced him to imprisonment with supervised release, continuing the “no contact” condition. Faber did not appeal but later moved to eliminate the no-contact order under 18 U.S.C. 3583(e)(2), citing the Religious Freedom Restoration Act. The Sixth Circuit ordered the dismissal of the motion for lack of jurisdiction. Section 3583(e)(2) allows a court to modify or rescind a condition of supervised release only within 14 days.

United States v. Hendricks

Docket: 19-3232

Opinion Date: February 19, 2020

Judge: Gibbons

Areas of Law: Criminal Law

Hendricks was convicted conspiracy to provide and attempt to provide material support to a designated foreign terrorist organization, 18 U.S.C. 2339B(a)(1), in the form of personnel and services to ISIS. At trial, four witnesses had testified that Hendricks approached them about forming a group for the purpose of waging jihad in the U.S. Hendricks shared that he had purchased land and weapons for his group, occasionally asking whether they owned guns or suggesting that they should be trained to fight or operate weapons. Hendricks also exhorted each to recruit other like-minded individuals. The witnesses perceived Hendricks to be “build[ing] . . . an extension of [ISIS] in America.” Hendricks had similar interactions with an undercover FBI agent. An expert on terrorism testified that Hendricks’s interactions were consistent with the ISIS strategy at the time. Hendricks did not present any witnesses or evidence. The Sixth Circuit affirmed the convictions, rejecting arguments that the evidence was insufficient to prove beyond a reasonable doubt that he attempted or conspired to provide material support to a foreign terrorist organization and that the district court abused its discretion by partially closing the courtroom during testimony from an undercover FBI agent.