Odysseus, Avocados, and Election Litigation Timing

MICHAEL C. DORF

Cornell law professor Michael C. Dorf explains the legal concepts of ripeness and laches, which pertain to the timing of filing a lawsuit, and argues that in the context of election lawsuits, it is far better for courts to relax ripeness rules and risk unnecessary adjudications than to discard the doctrine of laches and risk widespread disenfranchisement and the undermining of confidence in fair elections.

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United States v. Smith

Docket: 19-12686

Opinion Date: December 21, 2020

Judge: Hull

Areas of Law: Criminal Law

The Eleventh Circuit affirmed defendant's conviction and sentence for being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1) and 924(e). The court held that defendant failed to show that his counsel's representation with respect to the state plea offer was objectively unreasonable under Strickland v. Washington, and the district court did not err in concluding that defendant failed to show prejudice. The court also held that the district court did not err in determining that defendant's three prior sale of cocaine convictions under Fla. Stat. 893.13(1)(a)(1) were serious drug offenses within the meaning of the Armed Career Criminal Act.