ELLISA MARTINEZ, PETITIONER,
v.
UNITED STATES.

U.S. | 2015-06-08
No. 13–8837.
135 S. Ct. 2798 Supreme Court of the United States (2015) Positive Treatment
Also reported at: 192 L. Ed. 2d 842
Cited by 8 cases

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  • United States v. Ellisa Martinez, 800 F.3d 1293 (11th Cir. 2015)
    …ly transmitting a threatening communication. United States v. Martinez, 736 F. 3d 981 (11th Cir.2013). The Supreme Court vacated the opinion and remanded the case to us for consideration in light of Elonis. See Martinez v. United States, — U.S.-, 135 S.Ct. 2798, — L.Ed.2d - (2015). In Elonis, the Supreme Court reversed and remanded the defendant’s conviction under § 875(c), holding a jury instruction providing “that the Government need prove only that a reasonable person would regard [the defendant’s] com…
  • Wright v. City OF ST. Petersburg, 833 F.3d 1291 (11th Cir. 2016)
    …ge and an over-breadth challenge is “having to show that all applications of the statute are unconstitutional and having to show that a substantial number of them are”), (emphasis added), vacated on other grounds, Martinez v. United States, — U.S.-, 135 S.Ct. 2798, 192 L.Ed.2d 842 (2015). It follows that Wright’s facial challenge fails. His as applied challenge does not fare any better. Wright contends that Ordinance § 20-30 impinges on First Amendment rights because it restricts his access to a traditional…
  • In re Waits v. Waits, 793 F.3d 1267 (11th Cir. 2015)
    …America’s junior mortgage lien. See Bank of Am., N.A. v. Waits, 578 Fed.Appx. 827 (11th Cir.2014). The Supreme Court vacated the opinion and remanded the case to us for consideration in light of Caulkett. See Bank of Am., N.A. v. Waits, - U.S. -, 135 S.Ct. 2798, - L.Ed.3d - (2015). After consideration, we deny Bank of America’s motion for summary reversal, vacate the district court’s judgment, and remand for further proceedings consistent with Caulkett and this opinion. In this Chapter 7 case, the debtor…

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