The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 13, 2008:
U.S. v. Garza (Smith, DeMoss, Stewart, JJ.; opinion by Smith, J.) (appeal from S.D. Tex.). Vacating district court’s sentence enhancement for creating “substantial risk of death or serious bodily injury to another person” in sentencing […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 12, 2008:
Wardlaw v. Cain (Garza, Dennis, Mills, JJ.; per curiam opinion) (appeal from M.D. La.). Affirming district court’s dismissal of petitioner’s claims as untimely under AEDPA. The Fifth Circuit held that Smith v. Ward, 209 […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 11, 2008:
Dorsey v. Portfolio Equities Inc. (Jones, C.J., Wiener, Clement, JJ.; opinion by Clement, J.) (appeal from N.D. Tex.). Affirming in part and reversing in part district court’s dismissal of plaintiff’s federal securities fraud claims. […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 8, 2008:
McIntosh v. Partridge (Garwood, Clement, Elrod, JJ.; opinion by Garwood, J.) (appeal from S.D. Tex.). Affirming dismissal of lawsuit on summary judgment. Plaintiff McIntosh was the director of dentistry at the Richmond State School […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 4, 2008:
Connors v. Graves (Higginbotham, Smith, Haynes, JJ.; opinion by Haynes, J.) (appeal from M.D. La.). Affirming summary judgment against plaintiff in § 1983 lawsuit brought against law enforcement defendants for excessive force and unlawful seizure. […]
Ray Ward has this post this past weekend on the importance of the manifest error standard of review and the distinct roles of trial courts and appellate courts.
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 1, 2008:
Rothgery v. Gillespie County Texas (King, Wiener, Owen, JJ.; per curiam opinion) (appeal from W.D. Tex.) (on remand from U.S. Supreme Court). Vacating district court’s opinion in light of Supreme Court decision that threshold issue […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 31, 2008:
Bogy v. Ford Motor Co. (King, Wiener, Owen, JJ.; opinion by Owen, J.) (appeal from S.D. Miss.) (on petition for rehearing, withdrawing original opinion and substituting new opinion). Reversing summary judgment in favor of defendant […]
8/6/08 Opinion - US 5th Cir.
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on August 6, 2008:
Geiger v. Cain (Garwood, Clement, Elrod, JJ.; opinion by Elrod, J.) (appeal from E.D. La.). Reversing grant of habeas relief by district court on grounds of prosecutorial misconduct and ineffective assistance of counsel. The […]