Case Citator › Ennis Nettles v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Ennis Nettles v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Fifth Circuit
Citation
677 F.2d 404
Decided
Confirmed treatments
2
Flagged citations read
453 of 453
Citing cases (total)
2,033
Treatment dates
1996–2013
Overruled in part
A reviewed court has overruled part of this case’s holding. Nettles v. Wainwright is overruled in part: all 453 flagged citations have been read, with the 2 confirmed treatments listed below. Douglass v. United Services Automobile Association directly changed Nettles's appellate-forfeiture rule, while Dupree v. Warden later criticized the rule in the Eleventh Circuit and urged its overruling.
More on how this was screened

The other reviewed opinions applied Nettles's surviving notice and objection principles or copied history parentheticals reporting Douglass's act; nearby references to statutory supersession concerned the later extension of the objection deadline rather than new treatment of Nettles.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

2,033 later cases cite Ennis Nettles v. Louie L. Wainwright, Director, Division of Corrections, State of Florida; 453 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Ennis Nettles v. Louie L. Wainwright, Director, Division of Corrections, State of Florida?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The en banc Fifth Circuit overruled Nettles's appellate-forfeiture rule in part by extending forfeiture to both factual findings and legal conclusions and making plain error the sole exception, while retaining the notice requirement.

    Douglass v. United Services Automobile Association · Fifth Circuit (en banc) · filed

    Therefore, we overrule the appellate forfeiture rule applied by Nettles and its progeny, and hold that a party’s failure to file written objections to the proposed findings, conclusions, and recommendation in a magistrate judge’s report and recommendation within 10 days after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court, provided that the party has been served with notice that such consequences will result from a failure to object.
    Read the full opinion on CourtListener →

Criticized

  • The Eleventh Circuit criticized Nettles's objection-forfeiture rule as inconsistent with judicial economy and the Federal Magistrates Act and urged that it be overruled.

    Dupree v. Warden · Eleventh Circuit · filed

    For these reasons, we urge the court to overrule Nettles and adopt a rule for civil cases that attaches consequences to the failure to object to either factual findings or legal conclusions in a magistrate judge’s report and recommendation.
    Read the full opinion on CourtListener →

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