Monthly Archives: May 2008

5/21/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 21, 2008:

U.S. v. Gould (Davis, Southwick, Clark, JJ.; opinion by Southwick, J.). During the arresting incident, the defendant fled on foot from several officers who had drawn their guns and ordered him to stop, prior to […]

5th Circuit en banc arguments tomorrow

The U.S. Court of Appeals for the Fifth Circuit will be sitting en banc tomorrow morning, commencing at 9:00 a.m. (courthouse opens at 8:00 a.m. for those appellate junkies, like me, who want to get a good seat).  As posted here last month (with links to the original panel opinions and the en banc briefs), the […]

5/20/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 20, 2008:

Southwestern Bell Telephone, LP v. City of Houston (Jolly, Barksdale, Benavides, JJ.; opinion by Barksdale, J.). Affirming the dismissal of AT&T’s Federal Telecommunications Act-based (”FTA”) claims against a City of Houston ordinance that required utilities […]

5/19/08 Opinions - US Supreme Ct.

The following opinions were released by the U.S. Supreme Court on May 19, 2008:

U.S. v. Rodriquez. Opinion of the Court by Alito, J., joined by Roberts, C.J., Scalia, Kennedy, Thomas, Breyer, JJ.; dissenting opinion by Souter, J., joined by Stevens, Ginsburg, JJ.. At issue is whether a “serious drug offense” for purposes of […]

Updated U.S. 5th Cir. En Banc Briefing

The U.S. Court of Appeals for the Fifth Circuit has updated the available information for the May 22, 2008, en banc hearing, adding a link to the Respondent’s Brief in Moore v. Quarterman. This blawg will provide a review of all en banc oral arguments on May 22.

5/16/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 16, 2008:

Aguiluz v. Bayhi (Jones, Wiener, Barksdale, JJ.; opinion by Wiener, J.; Jones, J., concurring in part and dissenting in part). Reversing the judgment of the district court and bankruptcy court, which had vacated a state […]

5/15/08 Opinion - US 5th Cir.

The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on May 15, 2008:

U.S. v. Igbinosun (Davis, Southwick, Clark, JJ.; opinion by Clark, J.). Affirming conviction of defendant during bench trial on one count of importation of a controlled substance (along with acquittal on one count of possession […]

5/14/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 14, 2008:

Stroman Realty, Inc. v. Antt (Garwood, Smith, DeMoss, JJ; opinion by Smith, J.). The plaintiff, a Texas-based real estate concern involved in listing properties and timeshares on the internet but that did not carry real […]

5/13/08 Opinions - US 5th Cir. (pt. 2)

The following additional published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on May 13, 2008:

U.S. v. Hildenbrand (Davis, Southwick, Drell, JJ.; opinion by Davis, J.). Defendants appealed their guilty plea convictions for defrauding HUD, conspiracy to steal from a federally funded organization, and tax evasion, on the basis […]

5/13/08 Opinion - US 5th Cir.

The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on May 13, 2008:

U.S. v. Sanchez (Jones, Barksdale, Stewart, JJ.; opinion by Stewart, J.). At the time of defendant’s sentencing, no guideline existed in the Sentencing Guidelines for his crime (failure to register pursuant to the Sex Offender […]