O'MELIA

v.

SANTA MONICA MUNICIPAL COURT ET AL.

Citator

Cited By

• Peretz v. United States, 501 U.S. 923 (U.S. 1991)
  …he Magistrate lacked “jurisdiction to preside” over the voir dire in that case, 490 U. S., at 876. But, as Judge Easterbrook has aptly observed, “ ‘jurisdiction’ ... is a many-hued term.” United States v. Wey, 895 F. 2d 429, 431 (CA7), cert. denied, 497 U. S. 1029 (1990). We used it in Gomez as a synonym for “authority,” not in the technical sense involving subject-matter jurisdiction. The judgment here is the judgment of the District Court; the relevant question is whether it had subject-matter jurisdictio…
• United States v. Brazel, 102 F.3d 1120 (11th Cir. 1997)
  …ndings supporting the district court’s denial of the motion to suppress are reviewed for clear error, while the court’s application of the law to the facts is reviewed de novo. United States v. Wilson, 894 F. 2d 1245, 1254 (11th Cir.), cert. denied, 497 U.S. 1029, 110 S.Ct. 3284, 111 L.Ed.2d 792 (1990). Construed in the light most favorable to the government, id., the evidence adduced at the suppression hearing supports the district court’s findings. Detective McConaughey testified that prior to the search…
• United States v. McKINNON, 985 F.2d 525 (11th Cir. 1993)
  …ck seat of the police car. DISCUSSION Whether the district court erred in denying the motion to suppress is a mixed question of law and fact. United States v. Wilson, 894 F. 2d 1245, 1254 (11th Cir.), cert. denied sub nom. Levine v. United States, 497 U.S. 1029, 110 S.Ct. 3284, 111 L.Ed.2d 792 (1990). We review the district court’s factual findings under the clearly erroneous standard; we review de novo its application of the law to those facts. Wilson, 894 F. 2d at 1254. McKinnon asserts that the tape…