The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on October 28, 2008:
U.S. v. Constante (King, Higginbotham, Wiener, JJ.; per curiam opinion) (appeal from S.D. Tex.). Vacating sentence and remanding for resentencing. The defendant pled guilty to possession of a firearm by a felon, and was sentenced to […]
In case you hadn’t heard, there is an election coming up in seven days. Click here for an interesting article on how the two main presidential contenders’ campaigns are preparing for the inevitable, quadrennial legal fights that will accompany it.
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on October 27, 2008:
U.S. v. Garcia-Ruiz (Jones, C.J., Garwood, Smith, JJ.; opinion by Smith, J.) (appeal from W.D. Tex.). Affirming conviction for illegal reentry. The defendant filed a motion to suppress his statements to the arresting officer on the […]
One advantage of this blog is that it allows me to address actions by the U.S. Fifth Circuit that otherwise don’t see the light of day as a published (or even as a released, but unpublished) disposition. One such development came down on October 22, in a case where I am acting as appellate counsel, […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on October 23, 2008:
Miller v. Wladyslaw Estate (Jones, C.J., Barksdale, Stewart, JJ.; opinion by Jones, C.J.) (appeal from W.D. La.). Affirming district court’s summary judgment in favor of hospital in action to enforce lien against tort settlement. The defendant […]
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on October 22, 2008:
Goodrum v. Quarterman (Reavley, Stewart, Owen, JJ.; opinion by Reavley, J.) (appeal from S.D. Tex.). Affirming denial of habeas petition. The Fifth Circuit held that the state court was not unreasonable in its application of clearly […]
The following opinions were released by the Louisiana Supreme Court on October 21, 2008:
In re: Claville (per curiam). Granting admission to bar for applicant. After the Committee on Bar Admissions opposed the applicant’s application to take the bar exam, on character and fitness issues related to a misdemeanor criminal conviction, the Louisiana Supreme Court granted […]
With the release of its opinion in U.S. v. Gomez yesterday, the U.S. Court of Appeals for the Fifth Circuit has concluded its en banc deliberations from the May 2008 en banc sitting. The decision in U.S. v. Gomez follows on the October 10, 2008, decision in In re: Volkswagen of America, Inc., and the […]
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on October 21, 2008:
U.S. v. Gomez (Jones, C.J., Reavley, Jolly, Davis, Smith, Wiener, Barksdale, Garza, Benavides, Dennis, Clement, Prado, Owen, Elrod, Southwick, Haynes, JJ.; opinion by Jolly, Benavides, JJ.; King, J., taking no part in consideration of case) (en […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on October 17, 2008:
U.S. v. Guerrero (Davis, Clement, Elrod, JJ.; opinion by Clement, J.) (appeal from S.D. Tex.). Affirming conviction and sentence on RICO violations involving allegations of conspiracy to possess with intent to distribute controlled substances. The defendant […]